Can You Keep Your Real Estate License in Texas With a DWI? Harris County Agent Playbook in Plain English
In many cases, you can keep your real estate license in Texas with a DWI, but it depends on the facts, timing, and how you handle your reporting duties with TREC and your broker. A Texas DWI can trigger background checks, license questions, and possible professional discipline, so what you report first and when you report it can make a big difference in protecting your real estate career.
If you are a mid-career Houston or Harris County agent who was just arrested, this guide walks through the real-world steps, deadlines, and real estate license DWI Texas issues you need to understand, in plain English.
Step One: Separate Your Two Biggest Problems, Driving License vs Real Estate License
Right after a DWI arrest, most agents blend everything together in one big fear: prison, no driver’s license, no real estate license, no income. In reality, you are dealing with two different systems and two different sets of deadlines.
- Your driver’s license is handled through the Administrative License Revocation (ALR) process with the Texas Department of Public Safety (DPS).
- Your real estate license is handled by the Texas Real Estate Commission (TREC), which looks at criminal history and professional conduct.
If you were arrested for DWI in Harris County, you usually have 15 days from the date of your arrest to ask for an ALR hearing to fight a possible driver’s license suspension. For a detailed checklist on how to meet the 15‑day ALR hearing deadline, review that resource as you plan your next steps. You can also use the official DPS portal to Request an ALR hearing (DPS official portal).
Protecting your ability to drive legally can indirectly protect your ability to show homes, meet clients, and keep listings. At the same time, your real estate license DWI Texas exposure depends on criminal charges, final court outcomes, and your candor with TREC and your broker.
How TREC Looks At a DWI For Licensed Texas Real Estate Agents
TREC’s main concern is whether your conduct shows honesty, trustworthiness, and integrity. A single DWI does not automatically mean you lose your license, but it can raise red flags about judgment, substance use, and client safety.
When TREC reviews a DWI arrest or conviction, it often considers:
- Was this a first offense, or do you have prior DWIs or other criminal history
- Your blood alcohol concentration (BAC) and whether there were aggravating factors like an accident, injuries, or a child passenger
- Whether the case was reduced, dismissed, or resolved with a plea
- How you responded to TREC questions and whether you reported as required
- Evidence that you addressed any underlying issues such as alcohol misuse
For a Harris County agent, this often plays out over months, not days. Your DWI case will move through the criminal court system while TREC may not act until there is a conviction, deferred adjudication, or other final outcome. Understanding that timeline can calm some of the panic you feel in the first 48 hours.
Key Definitions: Arrest, Charge, Conviction, and “Final Disposition”
To understand TREC DWI reporting, you need to know how the different stages of a criminal case are defined. TREC rules and many license applications focus on “convictions,” “pleas,” and “final dispositions,” not just arrests.
- Arrest: You are taken into custody and booked. This is often what just happened to you in Harris County.
- Formal charge: The prosecutor files a complaint or information accusing you of DWI.
- Conviction: You are found guilty by a judge or jury, or you plead guilty or no contest and the court enters a conviction.
- Deferred adjudication or other final disposition: In some cases, the court may place you on community supervision without a final conviction or reduce the charge.
Many TREC reporting obligations are tied to the conviction or final disposition stage, not necessarily to the moment of arrest. That does not mean you can ignore the arrest. It does mean that what ultimately appears on your record and what you disclose can evolve as your criminal case is resolved.
What Typically Triggers TREC DWI Reporting For Texas Real Estate License Holders
In general, TREC pays close attention when:
- You apply for a new real estate license or renew an existing license and must answer criminal-history questions
- You are convicted of certain criminal offenses or placed on community supervision
- A complaint is filed with TREC that raises concerns about your criminal record or professional conduct
The exact rule language can be technical, but in plain English, these are the most common DWI-related triggers for current license holders:
- New conviction or plea for DWI: A DWI conviction or some types of deferred adjudication may have to be reported to TREC within a set time frame or at renewal.
- Probation or community supervision: If you are on supervision because of a DWI, TREC may view this as an ongoing public-safety concern.
- Multiple alcohol-related offenses: Repeated arrests or convictions can suggest a pattern that impacts trustworthiness.
Many agents assume “If I was only arrested, not convicted yet, I do not have to think about TREC at all.” That can be a dangerous misconception. Your answers on renewal applications and your ultimate court outcome can circle back to this arrest, and any lack of candor can be more damaging than the DWI itself.
What You Usually Must Report First: TREC, Your Broker, Or Someone Else
Right after the arrest, your mind jumps to this question: “Who do I have to tell first so I do not lose my license” The answer is usually shaped by three things: your employment agreement, TREC rules, and court deadlines.
1. Your Criminal Case Timeline
In Harris County, a first-time DWI case often begins with an initial court date within a few weeks of arrest. Evidence such as dash-cam, body-cam, and breath or blood test records may be requested and reviewed over several months. During this early phase, your criminal defense lawyer is focusing on license protection, evidence challenges, and possible dismissal or reduction of the charge.
You generally do not have to report a conviction to TREC before there actually is a conviction or final disposition. However, if you are filling out any forms, renewals, or broker questionnaires during this time, you must be accurate and honest about your status.
2. Your Broker or Team Leader
Many brokers and teams have their own policies that require agents to report any DWI arrest or criminal charge, not just convictions. These internal policies are separate from TREC rules, but they matter for your job and office relationships.
Before you say anything in detail, you may want to review your independent contractor agreement, office policy manual, and any written standards of conduct. A brief, factual conversation with your broker after you understand your rights can help prevent rumors and protect your listings and clients.
3. TREC Reporting and Renewal Applications
For TREC forms, read each question word for word. Many questions ask whether you have ever been convicted, pleaded guilty or nolo contendere, or been placed on probation for certain offenses. A pending DWI charge may or may not fit those questions, depending on where your case stands.
When you sign a renewal, you are certifying that your answers are true. If your DWI case reaches a plea or conviction before your next renewal period, that is when careful reporting usually becomes critical. In some situations, TREC may require additional documentation such as court papers, probation terms, and evidence of rehabilitation.
Background Check DWI Texas: What Brokers, Clients, And Others See
One of the scariest parts of a DWI arrest is not knowing who will eventually find out. As a real estate agent, you probably worry about online searches by clients, MLS access, and your broker’s background check systems.
In Texas, DWI arrests and charges often show up in public court records and background databases. Over time, many employers, property managers, and even some clients may discover the case. For a more detailed look at how background checks typically reveal a DWI to employers, you can read that in-depth discussion of Texas background check practices.
In practical terms, even if you keep your real estate license, a DWI can still affect how comfortable some clients or brokerages feel working with you. That is one reason why careful handling of court outcomes, expunction or nondisclosure options when available, and honest but measured communication are so important.
Professional Discipline DWI Texas: What TREC Could Do
TREC has a range of tools it can use if it believes a DWI or other criminal conduct reflects poorly on an agent’s fitness. That does not mean every DWI leads to heavy discipline, but you should understand the range of possible outcomes.
Potential TREC responses can include:
- No action if the case is dismissed or the facts are not serious
- Warning or advisory letter describing concerns and expectations
- Probationary or restricted license with conditions such as counseling, classes, or reporting
- Formal disciplinary action up to suspension or revocation in more serious or repeated cases
If you are a Solution-seeking professional, you likely want data and probabilities. While specific outcomes depend heavily on the facts, many first-time, non-injury DWI cases that are handled promptly and honestly lead to some form of continued licensure, often with conditions rather than outright loss of license. Multiple offenses, high BAC levels, or DWI with a child in the car are much more likely to trigger tough scrutiny.
Houston DWI Employment Impact For Real Estate Agents
Even if TREC does not suspend your license, your DWI can still affect your employment and income. Houston and surrounding counties have competitive real estate markets where reputation and reliability matter.
Common job and income impacts include:
- Temporary loss of driving privileges making it harder to show homes or attend closings in person
- Changes in your broker’s trust level or willingness to assign leads and floor time
- Higher auto insurance costs, especially if you rely on your personal vehicle for showings
- Questions from clients who see court records or mugshots online
If you want a broader look at employment, insurance, and reputation risks after a DWI, that resource can help you understand the ripple effects and possible ways to manage them.
For a mid-career agent with regular closings and referrals, even a short interruption can feel terrifying. The key is to identify where your income is most vulnerable, such as certain builder relationships or referral partners, and plan practical steps to keep those connections strong while your case is pending.
How DWI Evidence And ALR Issues Connect To Your Real Estate License
From a licensing perspective, the strength or weakness of the DWI evidence can matter more than you might realize. It affects whether your case is dismissed, reduced, or leads to a conviction that TREC will see.
In a typical Harris County DWI, critical pieces of evidence include:
- The reason for the traffic stop or encounter
- Field sobriety test performance and video footage
- Breath or blood test results and how the tests were conducted
- Any refusals to provide a breath or blood sample
Under Texas “implied consent” laws, your refusal to give a breath or blood sample can lead to an automatic driver’s license suspension through the ALR process. If you want to see the statutory background, the Texas implied consent statute (chemical tests, refusals) explains how refusals and test results affect the state’s case and your license.
For your real estate license, the big picture is this: weak evidence or strong legal defenses can lead to dismissals or reductions, which may lessen or avoid TREC discipline. Strong evidence and a high BAC are more likely to lead to a conviction that sticks on your record and raises more TREC concerns.
Micro-Story: A Harris County Agent Navigates DWI And TREC Concerns
Imagine a 42-year-old Houston agent who has been licensed for 15 years. One night, after a client dinner, she is stopped on Highway 290 and arrested for first-time DWI. She is terrified that she will lose her TREC license, her team position, and the builder account that feeds most of her closings.
Within a few days, she requests an ALR hearing within the 15-day window, which delays any automatic driver’s license suspension while the case is heard. Her lawyer digs into dash-cam and body-cam video, questions the field sobriety tests, and reviews blood test procedures. Over several months, the criminal case is negotiated and ultimately reduced, which significantly changes what must be reported and how it appears on background checks.
When renewal time arrives, she answers TREC questions honestly about the reduced charge and provides documentation requested by the Commission. TREC decides to allow her license to remain active with a warning and some conditions. Her career continues, but this outcome was possible largely because she acted early, protected her driving privileges, and worked carefully through reporting duties.
Executive Worried About Discretion: Protecting Reputation During And After A DWI
If you are an Executive worried about discretion, your main fear may not just be discipline. You may fear headlines, gossip in your luxury brokerage, or high-net-worth clients backing away from multi-million dollar transactions.
Practical discretion steps often include:
- Limiting social media discussion about your case
- Planning a short, consistent explanation if someone asks about court dates or driving changes
- Working with professionals who understand the need for privacy and minimal public filings whenever possible within the law
- Exploring long-term options like nondisclosure if they become available under Texas law after the case is resolved
Confidential handling does not change what TREC requires you to report, but it can help manage how much of your personal situation becomes everyday office conversation.
High-Net-Worth Client: Long-Term Record Management And Privacy
If you see yourself as a High-net-worth client in the real estate world, you may focus on your long-term record and privacy. You might be less worried about a short license suspension and more focused on whether luxury buyers and sellers will be able to Google your name and find a DWI arrest five or ten years from now.
While every case is different, long-term strategies can include:
- Structuring plea negotiations, when appropriate, with an eye toward eligibility for record sealing options under Texas law
- Monitoring online public records and requesting corrections when allowed
- Considering media and online reputation steps that stay truthful but reduce unnecessary exposure
None of this replaces the need to comply with TREC and court requirements. Instead, it is about pairing compliance with a thoughtful, long-term privacy plan.
Young Pro Who Underestimates Risk: A Quick Wake-Up Call
If you are a Young pro who underestimates risk, maybe you just got your license, enjoy networking events, and see your first DWI arrest as “bad luck” that will blow over. In Texas, that attitude can quietly cost you your driving privileges, your TREC license, and job opportunities.
Here is the quick wake-up:
- You usually have only 15 days after arrest to request an ALR hearing before your driver’s license is automatically set for suspension.
- A single DWI can stay on your criminal record for life unless you qualify for and obtain specific relief like an expunction or nondisclosure.
- Future brokers, teams, and property management companies may see this DWI on background checks and use it as a tie-breaker against you.
Treat this as a serious career event. Acting early and taking it seriously now can save you from cumulative damage that shows up years later when you try to change brokerages or expand into luxury listings.
Common Misconceptions About TREC DWI Reporting And Real Estate Licenses
There are several myths that cause Texas agents to make avoidable mistakes after a DWI arrest. Clearing these up can help you make calmer, better choices.
Misconception 1: “If I was only arrested, TREC will never find out.”
In reality, public records, future background checks, or complaints from others can bring your arrest to TREC’s attention. Also, if your arrest leads to a conviction or certain types of supervision, you may be required to disclose that outcome later.
Misconception 2: “If I do not report anything, my license is safer.”
Hiding information that the Commission specifically asked you to reveal on an application or renewal can itself be a violation of TREC rules. Often, TREC is more concerned about honesty and transparency than about one isolated DWI, especially if you show proof that you addressed the problem.
Misconception 3: “One DWI in Texas is minor and will disappear after a few years.”
Texas does not automatically erase DWI convictions after a set time like seven or ten years. Some records can be sealed or expunged in limited circumstances, but many DWI convictions stay visible. That is why understanding your options early, before you accept a plea, is so important.
Practical Checklist: What To Do In The First 30 Days After A Harris County DWI
When you are overwhelmed, a simple checklist can help you move forward. Use this as a general educational guide, not as case-specific legal advice.
- Within days 1–3: Secure your charging paperwork, bond conditions, and any ALR or temporary license notices. Note the arrest date clearly.
- Within days 1–15: Decide how you will handle the ALR process and whether you will request a hearing by the 15-day deadline.
- Within the first 2–3 weeks: Begin reviewing evidence such as police reports and videos with your defense team.
- Within the first month: Clarify any obligations to notify your broker or team under your office policies and decide on a factual, low-drama way to share what they need to know.
- Before any TREC renewal or application: Review your criminal case status and make sure you understand how to answer questions about convictions or supervision accurately.
If you want to dig deeper into common DWI licensing questions, some readers find it helpful to explore an interactive Q&A for common DWI licensing questions as a way to organize concerns before speaking with a lawyer.
Frequently Asked Questions About Can You Keep Your Real Estate License In Texas With A DWI
Will I automatically lose my Texas real estate license after a first DWI in Houston
No, a first DWI in Houston or anywhere in Texas does not automatically cost you your TREC license. TREC looks at your entire record, the details of the DWI, and how you handle reporting and rehabilitation. Many agents keep practicing after a first offense, although some may face warnings, conditions, or increased scrutiny.
Do I have to tell TREC about my DWI arrest right away
In many situations, TREC focuses on convictions, pleas, or final dispositions rather than arrests alone. However, you must read every form carefully and answer truthfully if it asks about pending charges or criminal history. Failing to disclose when required can create bigger problems than the DWI itself.
How does a DWI show up on background checks for Texas real estate agents
A DWI can appear in court records, law enforcement databases, and commercial background-check reports. Over time, brokers, property managers, or large clients may see it when they run checks tied to MLS access, employment, or vendor approvals. The exact timing and visibility depend on how your case is resolved and how quickly databases update.
Can a DWI conviction in Texas ever be removed or hidden from my record
Some Texas DWI situations may qualify for record sealing options like nondisclosure, but many do not qualify for complete expunction. Whether you have any chance at record relief often depends on the charge level, final disposition, and your prior history. It is usually easier to protect your record by carefully handling the original DWI than by trying to erase it years later.
What matters more to TREC: my BAC level or my honesty in reporting
Both the facts of the offense and your honesty matter, but TREC places great weight on truthfulness and integrity. A higher BAC or aggravated DWI can raise more concerns, yet hiding or misrepresenting what happened on a TREC form can be viewed as a separate integrity issue. Being accurate and complete when required usually works better than hoping no one will notice.
Why Acting Early Matters For Your Texas Real Estate License After A DWI
For a Harris County real estate agent, the first days and weeks after a DWI can feel like total chaos. You are trying to keep deals together, comfort your family, and manage court dates, all while quietly wondering if your license is already doomed.
Acting early helps because:
- You can protect your driving privilege through the ALR process, which supports your ability to work.
- You can gather and review evidence before memories fade and deadlines pass.
- You can plan accurate, measured communication with TREC and your broker instead of reacting in panic.
- You can make thoughtful decisions about pleas and case resolutions that affect long-term licensing and background checks.
If you are a Solution-seeking professional, think of this as a risk-management project for your own career. If you are an Executive worried about discretion or a High-net-worth client, early planning is also about containing reputational fallout. And if you are a Young pro who underestimates risk, treating this DWI as a serious turning point now can prevent it from becoming the thread that quietly unravels your real estate career years from today.
Learning your options, understanding professional discipline DWI Texas rules, and getting clear on your Houston DWI employment impact will not erase what happened, but it can put you back into a position of control over your next steps.
To see how driving-related convictions can affect professional credentials in Texas more generally, you might find this short explainer useful. It focuses on commercial drivers but illustrates how Texas treats license consequences, evidence, and long-term career impact.
Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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