Real Estate License DWI Lawyer In Orange, TX
A real estate license is issued by the Texas Real Estate Commission, which weighs criminal history under its own rules. For most agents, though, the first thing a DWI threatens is the ability to drive to a showing. This page covers both: the driving clock and how TREC reads a DWI.
How Does A DWI Affect A Texas Real Estate License?
The Texas Real Estate Commission can deny, suspend or revoke a license on grounds in Occupations Code chapter 1101, and it weighs criminal history under Occupations Code chapter 53 and its own rules in 22 TAC chapter 541. A DWI also starts a separate driver's license case, and its 15 day deadline comes long before any board review.
Source: Texas Occupations Code Chapter 1101, Real Estate Brokers and Sales Agents
Understanding Texas Law
How Does A DWI Affect A Real Estate License In Texas?
Real estate is a driving job. Showings, listing appointments, inspections, closings and open houses all start behind the wheel, often with clients in the car. That makes the administrative side of a DWI the most immediate threat to an agent's income, well before the Texas Real Estate Commission looks at anything.
After a DWI arrest, the Department of Public Safety moves to suspend the driver's license. The suspension takes effect on day 40 unless an ALR hearing is requested within 15 days. A first-arrest suspension runs 90 days for a failed test and 180 days for a refusal.
If a suspension does begin, Texas law allows an application for an occupational driver's license, limited to essential needs like work and subject to conditions such as an ignition interlock where required. It keeps an agent on the road, but on a restricted schedule.
The questions an arrested agent faces first:
- Will I have a license to drive in six weeks
- Does my brokerage's policy require me to tell my broker
- Can I still drive clients under my brokerage's rules
- Will my auto insurance change after the case
- How will TREC read the result at renewal
The first question has a legal deadline. The others are set by the brokerage, the insurer and TREC. Licensing boards in Texas apply a common framework to criminal history, explained on the licensed professionals page.
Penalties And Consequences
What Are The Penalties And License Risks For A Real Estate Agent's DWI?
The criminal range is set by statute. TREC's response depends on the final result and on how its criminal history rules classify the offense for a license holder. These are limits, not predictions.
Class B misdemeanor. Class A at 0.15 or higher.
90 days for a failed test, 180 for a refusal.
- Classification
- Class B misdemeanor for a first offense under Penal Code § 49.04, raised to Class A at 0.15 or higher.
- Jail and fine
- 72 hours to 180 days and up to $2,000 for a Class B. Up to one year and $4,000 for a Class A.
- Driver's license
- ALR suspension of 90 days for a failed test or 180 days for a refusal on a first arrest, unless a hearing changes the result.
- Licensing authority
- Texas Real Estate Commission, applying Occupations Code chapters 1101 and 53.
- TREC rules
- 22 Texas Administrative Code chapter 541, covering criminal offenses and fitness.
- Before applying
- A fitness determination request to TREC, for people who have not yet applied.
Real Questions
What Do People Ask About A Real Estate Agent's DWI In Texas?
Will TREC automatically revoke my license after a DWI?
Does an arrest with no conviction matter to TREC?
What if I drive clients and my license is suspended?
Should I tell my broker before the case is resolved?
Does a deferred adjudication count as a conviction for TREC?
Possible Defenses
How Can A Real Estate Agent's DWI Be Defended?
For a license holder, the best result is often a case that ends without a conviction, because the final record is what TREC and background checks read. An attorney reviews the stop, the testing and the evidence to see what the state can prove. No result can be promised.
TREC's job is to decide whether a person is fit to hold a license that involves handling other people's money and property. Its rules in 22 TAC chapter 541 explain how it evaluates criminal history and which offenses it treats as related to a license holder's duties.
The final judgment is what later checks show.
Real estate clients, brokers and lenders run background checks. A dismissal may qualify for an expunction, which removes the arrest. Other resolutions may qualify for an order of nondisclosure, which keeps the record from most private background checks while leaving it visible to some agencies.
A conviction does neither, and Texas has no lookback limit for using a prior DWI to enhance a later one.
The Stop
Was there a lawful reason to stop or detain the driver?
The Testing
Were field tests, breath or blood testing done and recorded correctly?
The ALR Hearing
Can the officer's reports and reasons for the arrest be questioned at the license hearing?
The Result On Paper
Would a proposed plea read as a conviction, a deferred adjudication or a dismissal on later forms?
Rehabilitation Evidence
What records of classes, counseling or community involvement could support a later TREC review?
Disclosure Wording
What exactly do renewal and application questions ask, and what does the result require?
Local Process
What Happens After A Real Estate Agent's DWI Arrest In Orange County?
The license deadline is set by state law. The court and prosecutor handling an agent's case are the ones serving Orange County.
Booking And Bond
After arrest, a person is brought before a magistrate who explains the charge and sets bond.
The 15 Day ALR Window
A request for an ALR hearing goes to the Texas Department of Public Safety, and a judge from the State Office of Administrative Hearings hears it. The request must be made within 15 days after the person receives the notice of suspension.
Court Settings And Evidence
The case is set in court, and the defense requests the state's evidence, including video and lab records.
Resolution And The TREC Record
The final result is what the Commission and future background checks see at renewal, application or investigation.
- Where it is filed
- Filed in one of the Orange County Courts at Law and prosecuted by the Orange County District and County Attorney's Office.
- Who makes the arrest
- Orange Police Department, Orange County Sheriff's Office, Texas DPS Highway Patrol, Vidor Police Department, Bridge City Police Department, Pinehurst Police Department, or West Orange Police Department.
- Where you are booked
- The Orange County Correctional Facility at 205 S Border Street.
- If the case is appealed
- The Ninth Court of Appeals in Beaumont.
Next Steps
What Should A Real Estate Agent Do After A DWI Arrest?
The first weeks matter because of deadlines that start on their own. These steps are general information, not advice for any one person.
Count 15 Days
Find the date on the notice of suspension and count 15 days for the ALR hearing request.
Read Your Brokerage Policies
Check the agent agreement and policy manual for driving and disclosure rules.
Plan Showings
Line up coverage for showings in case driving is restricted, and ask about an occupational license.
Pull Your TREC Forms
Review renewal questions about criminal history before answering.
Start A Rehabilitation File
Keep records of classes, treatment or community work, with dates.
Stay Quiet Online
Do not discuss the arrest on social media or with clients.
Talk to a lawyer before entering a plea. A plea that looks small on the criminal side can read very differently on licensing forms. Mitchell Law Firm offers a confidential conversation about a DWI charge for a real estate license holder in Orange County. Calling early keeps the most options open.
Official Texas Sources
Read The Law Behind This Page
- Texas Occupations Code Chapter 1101: Real estate license requirements and disciplinary grounds
- Texas Occupations Code Chapter 53: Consequences of criminal conviction for licensees
- TREC: Fitness determination for people with a criminal record
- Texas Penal Code Chapter 49: DWI offense and penalties
- Texas Transportation Code Chapter 524: Administrative license suspension
- Texas Transportation Code Chapter 521: Occupational driver's license
- Texas Department of Public Safety: Administrative License Revocation program
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Orange trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related DWI Charges
Other DWI Cases Handled In Orange, TX
The charge level decides both the criminal range and how TREC reads the record, so a real estate agent's case is worth comparing against the other DWI charges. See the full DWI defense overview for Orange.
First, Repeat And Felony DWI
Priors never expire in Texas, and a second or third charge moves the case into a different range entirely.
Drug And Substance DWI
You do not need alcohol to be charged. Prescriptions and legal hemp products lead to DWI arrests in Orange County.
The Driver And The Vehicle
Age, license type, home state, and what was being operated all change where the same stop leads.
Your License And The Process
The evidence, the deadlines, and what a conviction reaches beyond the courtroom.
Health Care Licenses
Boards that license patient care run their own review of an alcohol arrest, separate from the court.
Other Professional Licenses
Law, finance, aviation, teaching, real estate, and security work each answer to their own board or agency.
Common Questions
Real Estate DWI Questions People In Orange Ask
Can TREC act on a real estate license after a DWI in Orange, TX?
The Texas Real Estate Commission can deny, suspend or revoke a license on grounds listed in Occupations Code chapter 1101, and it applies Occupations Code chapter 53 to criminal history. Its rules in 22 Texas Administrative Code chapter 541 set out how it evaluates criminal offenses and which it considers related to the duties of a license holder.
Can someone with a DWI in Orange County check with TREC before applying?
TREC offers a fitness determination for people who have not yet applied, so a prospective agent can learn how the commission views a criminal history before paying for the required education. The determination is based on the facts disclosed in the request, so an incomplete request limits what it is worth.
Can a real estate agent keep driving after a DWI arrest in Orange, TX?
An agent keeps driving privileges until an administrative suspension takes effect on day 40 after arrest, and a timely ALR hearing request postpones that suspension until the hearing. If a suspension does begin, Texas law allows a person to apply for an occupational driver's license limited to essential needs such as work, subject to conditions set by the court.
Does a sponsoring broker learn about an agent's DWI in Orange County?
Sales agents in Texas work under a sponsoring broker, and many brokerages set their own disclosure and vehicle policies for agents who drive clients. Whether an agent has to tell the broker is set by that brokerage's policies and the agent's agreement with it, not by the criminal case.
What outcomes can a real estate agent's DWI case in Orange reach?
The case can end in dismissal, reduction to a lesser offense, deferred adjudication where the statute permits it, a plea, or a verdict at trial. A dismissal may qualify for expunction and some other results may qualify for nondisclosure, which affect what later background checks show. Which of these fits any case turns on its own evidence.
What should a new agent in Orange, TX disclose about a past DWI on a TREC application?
TREC guidance tells applicants to disclose their criminal history, including older misdemeanors, and leaving something out can create a separate honesty problem. TREC evaluates each applicant individually and looks at evidence of rehabilitation that the applicant provides. The wording of each application question controls what has to be listed.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
Your license to drive and your license to sell run on different clocks. The first one is already running.
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