No – in Texas (and generally in the U.S.), “attorney” and “lawyer” mean the same thing. Both refer to someone who is licensed to practice law. The terms are used interchangeably in Texas courts and statutes. An attorney-at-law is simply a lawyer formally authorized to represent clients. In everyday usage, there is no legal distinction between the two titles.
Attorney-client privilege in Texas is the legal rule that keeps communications between you and your lawyer confidential. In other words, what you tell your attorney in private cannot be revealed to others without your permission. This privilege encourages clients to speak openly with their lawyers. Texas law (like all states) recognizes this privilege, with very limited exceptions (for example, if a client seeks advice to commit a crime or fraud, that communication may not be protected). Generally, however, any confidential discussions, emails, or letters with your lawyer about your case are protected by attorney-client privilege, so you can be honest and get the best legal advice.
An EtG test checks for ethyl glucuronide, a metabolite of alcohol, in a person’s body. EtG is usually tested through a urine sample. Texas courts and probation offices often use EtG urine tests to monitor sobriety because EtG remains detectable longer than alcohol itself. In fact, EtG can be detected in urine for up to about 80 hours after alcohol consumption (roughly 3 to 4 days, depending on how much was consumed). This makes EtG testing useful in DWI probation or other court-ordered alcohol abstinence programs – it can reveal recent drinking even when breath or blood tests no longer show alcohol. If you are on probation or bond with a no-alcohol condition, you may be required to take periodic EtG tests. Failing an EtG test (showing alcohol use) could lead to a probation violation or other consequences, so it’s important to abstain from alcohol if you’re ordered to do so.
Courts and agencies in Texas use different types of drug tests (urine, blood, and hair) to detect substance use, and each type has a different detection window and purpose:
Urine Tests: Urine testing is the most common. It detects drugs or their metabolites that remain in the body after use. Urine tests can typically detect drug use that occurred within the past few days (though for some substances like marijuana in heavy users, it could be a few weeks). Urine tests strike a balance of being non-invasive, relatively inexpensive, and able to catch recent drug use longer than blood tests.
Blood Tests: Blood testing is more invasive and is usually used to detect very recent drug or alcohol use. Drugs generally stay in blood for a shorter time – often only a matter of hours or a day or two after use. For example, active alcohol or drugs in your bloodstream may be measurable for only a limited time. Blood tests are very accurate for current impairment (such as measuring blood alcohol concentration in DWI cases at the time of arrest) but they won’t show past use once the substance has metabolized.
Hair Follicle Tests: Hair tests have by far the longest detection window. A standard hair follicle test can reveal drug use over the past 90 days (3 months) or even longer, because traces of drugs are deposited in hair as it grows. This is useful for showing a long-term history of drug use. However, hair testing does not show very recent use (it may take a couple of weeks for drug traces to appear in new hair growth). Hair tests are less common in routine criminal cases due to cost and the fact that they require a hair sample, but Texas courts might use them in certain situations (e.g. in CPS cases or where long-term abstinence needs verification).
In summary: blood tests = very recent use; urine tests = recent use (last few days/weeks); hair tests = long-term use history. Texas legal authorities choose the test type based on what they need to prove (immediate impairment vs. general patterns of use).
In almost all cases, you should not submit to a polygraph test without first consulting your attorney. In Texas, **polygraph results are generally not admissible in court as evidence of guilt or innocence. Law enforcement cannot force you to take a lie detector test, and you have no legal obligation to do so.
Importantly, taking a polygraph usually cannot help prove your innocence (since even if you “pass,” the results likely can’t be used in court), but it could hurt you. Polygraphs are not 100% reliable – if you’re nervous or the test is improperly administered, it might indicate deception when you’re actually telling the truth. Police sometimes use the polygraph process as a tool to get a confession or inconsistent statements. If you “fail” or show stress reactions, investigators may become more suspicious.
Bottom line: In Texas, there is little upside to taking a polygraph during a criminal investigation unless your lawyer specifically advises it in a rare scenario. Always talk to your criminal defense attorney before agreeing to a lie detector test.
An ALR hearing in Texas is an “Administrative License Revocation” hearing. It is a civil (administrative) proceeding separate from the criminal DWI case. When you are arrested for DWI in Texas, if you refuse or fail a breath/blood test, the Department of Public Safety (DPS) will move to suspend your driver’s license. The ALR hearing is your chance to contest that suspension.
Here’s how it works: After a DWI arrest, you’ll receive a “Notice of Suspension” (often a form called DIC-25) from the officer if you refused or failed the alcohol test. This notice acts as a temporary driving permit. You then have the right to request an ALR hearing to challenge the license suspension. The hearing is conducted in front of an administrative law judge (not a criminal court judge). At the hearing, the DPS must prove certain issues (for example, that the police had reasonable suspicion to stop you, probable cause for arrest, and that you either had a BAC of 0.08+ or refused the test). You or your attorney can present evidence and challenge the officer’s reasons for the stop/arrest or how the test was conducted.
If you win the ALR hearing, your license is not suspended. If you lose, the judge will order the suspension for a set period (length depends on whether it was a refusal or failure and your history). The ALR process is important because it affects your driving privileges; it’s also an opportunity for your attorney to gather evidence and testimony that might later help in the criminal DWI case. It’s highly recommended to have a lawyer handle the ALR hearing due to the legal issues involved.
You must act fast – in Texas you have only 15 days from the date you receive notice of driver’s license suspension to request an ALR hearing. Typically, that “notice of suspension” is given to you on the day of your DWI arrest (for instance, if you failed or refused the breath test, the officer will confiscate your license and hand you a notice). From that point, you have 15 days to send a request to DPS for an ALR hearing.
If you do not request a hearing within 15 days, your license will be automatically suspended on the 40th day after the notice was served. For example, if you were arrested and received the suspension notice on January 1, you have until January 16 to request a hearing; if you don’t, the suspension kicks in around February 10.
Requesting the hearing on time pauses the suspension. Your driving privileges can continue normally until the hearing is held and a decision is made. It often takes several weeks or even a few months for the State Office of Administrative Hearings to schedule the ALR hearing, so by requesting it, you buy yourself time to continue driving and to prepare your case. Always contact a DWI attorney immediately after an arrest – they can file the hearing request for you and ensure it’s done correctly and on time.
In Texas, DWI and DUI are two distinct offenses with different applications based on age and impairment:
DWI (Driving While Intoxicated) – This is the charge most adults face for drunk driving. Under Texas Penal Code §49.04, a person commits DWI if they operate a motor vehicle in a public place while intoxicated (meaning either having a blood alcohol concentration (BAC) of 0.08% or higher, or not having normal use of mental or physical faculties due to alcohol or drugs). DWI typically applies to drivers age 21 or older (legal drinking age adults) who are intoxicated. A first-offense DWI is a Class B misdemeanor in Texas (with higher penalties if BAC is 0.15% or above, or if other aggravating factors).
DUI (Driving Under the Influence) – In Texas, “DUI” usually refers to a charge for underage drivers. Specifically, Texas Alcoholic Beverage Code §106.041 makes it an offense for anyone under 21 to operate a vehicle with any detectable amount of alcohol in their system. Texas is a zero-tolerance state for underage drinking and driving. This means a 20-year-old with even a .01 BAC could be charged with DUI (sometimes called DUIA – Driving Under the Influence of Alcohol, Minor). DUI is generally a Class C misdemeanor (ticket-level offense) if no other impairment is present. It’s a much less serious charge than DWI.
You have the right to refuse a breathalyzer test in Texas, but there are important consequences to consider. Under Texas’s “implied consent” law (Texas Transportation Code §724.011), when you obtain a driver’s license you impliedly consent to submit to a chemical test (breath or blood) if lawfully arrested for DWI. What this means in practice:
If you refuse to take a breath test (or blood test) when an officer requests it after a DWI arrest, your driver’s license will be automatically suspended by DPS. For a first-time refusal, the suspension is typically 180 days. (This is handled via the ALR process mentioned above; you can request a hearing to contest the refusal suspension, but absent a win, the suspension will occur.)
Refusing a test will not avoid a DWI charge. In fact, Texas is aggressive about obtaining evidence – if you refuse, officers can seek a warrant for a blood draw. Especially in cases involving accidents, minors, or repeat offenders, Texas judges often issue warrants on the spot (even in the middle of the night) allowing police to take a blood sample without your consent. So, refusal might only delay the inevitable blood test.
However, refusal does deny the officer immediate breathalyzer evidence. Some drivers refuse in hopes it will make the DWI case harder to prove. While it’s true the State then has to rely on other evidence of intoxication (officer observations, field sobriety tests, etc.), keep in mind the prosecution will argue that your refusal is evidence of consciousness of guilt (“why would an innocent person refuse?”).
A first-offense DWI in Texas (with no aggravating factors) is usually a Class B misdemeanor. The potential penalties for a basic first DWI can include:
Fine: Up to $2,000 fine (not including additional state fees or surcharges that can apply).
Jail: 3 days to 180 days in jail. There is a mandatory minimum confinement of 72 hours, but in many first-offense cases, a judge may probate (suspend) the jail time and place you on community supervision (probation) instead of actual jail. However, if there was an open container of alcohol in the car, the minimum jail time increases to 6 days by statute.
License Suspension: Up to 1 year license suspension (this can result from the criminal conviction, separate from any ALR suspension for refusing or failing a breath test). Often first-time offenders are able to receive an occupational driver’s license to use during the suspension for essential needs.
Annual Surcharges: Texas used to impose “DPS surcharges” annually for three years after a DWI, but that program was repealed in 2019. However, now there is a state fine that can be ordered as part of sentencing (often around $3,000 for a first DWI, assessed as a state fee).
Education & Interlock: A first offender will be required to attend a 12-hour DWI education class (and possibly a substance abuse evaluation). If your BAC was particularly high or the court orders it, you might have to install an ignition interlock device on any vehicle you drive, even on a first offense.
Probation: Many first-time DWI sentences involve probation (community supervision) for perhaps 12–24 months. On probation, you must complete community service (usually 24–100 hours), report to a supervision officer, attend the DWI class, and commit no new offenses. Successfully completing probation may avoid jail time, but the DWI will still be on your record (unless you later get it sealed via nondisclosure).
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Legal Disclaimer
The information provided on this page is for general informational and research purposes only. It is not legal advice, nor should it be interpreted as a substitute for consulting with a licensed attorney. If you are involved in a legal matter where drug or alcohol testing may be a factor, we strongly recommend you seek personalized advice from a qualified legal representative. Actions taken based on this article should only be done after consulting legal counsel familiar with your situation.