Dallas DWI Lawyer Explains What to Mount Your Best Defense
If you’ve been arrested for DWI in Dallas, you need an experienced defense attorney who can protect your license and fight your charges. At Varghese Summersett, our Dallas DWI lawyers have defended thousands of intoxicated driving cases in Dallas County, winning dismissals, reductions, and acquittals for clients facing first-time offenses through felony charges. Call (214) 903-4000 for a free consultation.
A DWI arrest feels like the end of your world. The shame, the fear, the uncertainty about your job, your license, your family. We’ve stood beside hundreds of Dallas residents in that exact moment. What we’ve learned: this arrest doesn’t have to define your future. Dallas County prosecutors are aggressive, but every DWI case has weaknesses. The question is whether you have a defense team that knows how to find them.
What Are the Penalties for DWI in Dallas?
Texas has some of the harshest DWI penalties in the nation. Under Texas Penal Code § 49.04, driving while intoxicated is a Class B misdemeanor for a first offense, punishable by 3 to 180 days in jail, fines up to $2,000, and license suspension for 90 days to one year. Penalties escalate sharply with each subsequent offense or aggravating factor.
| Offense | Classification | Jail Time | Fine | License Suspension |
|---|---|---|---|---|
| First Offense | Class B Misdemeanor | 3-180 days | Up to $2,000 | 90-365 days |
| Second Offense | Class A Misdemeanor | 30 days-1 year | Up to $4,000 | 180 days-2 years |
| Third Offense | Third Degree Felony | 2-10 years | Up to $10,000 | 180 days-2 years |
| DWI with Child Passenger | State Jail Felony | 180 days-2 years | Up to $10,000 | 180 days-2 years |
Court penalties are just the beginning. A DWI conviction creates a permanent criminal record that cannot be expunged in Texas. You’ll face license reinstatement fees of $125, annual surcharges up to $2,000 for three years under the Texas Driver Responsibility Program, and mandatory SR-22 insurance. Your premiums will increase 25% to 300%. Total cost over three years typically ranges from $10,000 to $25,000.
The professional fallout can be worse than the legal penalties. Teachers have lost teaching certificates. Nurses have lost nursing licenses. Commercial drivers face permanent CDL disqualification under federal regulations. Security clearances get revoked. Careers built over decades can end because of one night.
How Does Texas Define Driving While Intoxicated?
Texas law defines DWI in two ways under Texas Penal Code § 49.01. You can be charged if your blood alcohol concentration is 0.08% or higher. You can also be charged if you’ve lost the normal use of your mental or physical faculties due to alcohol, drugs, or any other substance. This means prosecutors can pursue DWI charges even when your BAC is below the legal limit.
Different standards apply to different drivers. Drivers under 21 face Texas’s zero-tolerance policy, where any detectable alcohol results in charges. Commercial drivers have a BAC limit of 0.04%. If your BAC tests at 0.15% or higher, you face enhanced penalties including mandatory ignition interlock installation and increased fines.
Prescription medications create a hidden trap. You can face DWI charges while taking medications exactly as your doctor prescribed. The law doesn’t distinguish between illegal drugs and legal prescriptions when it comes to impairment. We’ve defended numerous clients charged after taking prescribed anxiety medication or pain relievers.
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How Do Dallas DWI Lawyers Build a Defense?
Every DWI case has vulnerabilities. At Varghese Summersett, our team includes former prosecutors who built these cases before learning to dismantle them. We know where the weaknesses hide because we used to exploit them from the other side.
Our defense begins immediately. We request your Administrative License Revocation (ALR) hearing under Texas Transportation Code Chapter 524 to protect your driving privileges. This hearing serves two purposes: preventing automatic license suspension and creating an early opportunity to cross-examine the arresting officer under oath. Inconsistencies revealed here often become central to your criminal defense.
We examine every piece of evidence with a microscope. Police reports. Patrol car video. Body camera footage. Breath and blood test results. Equipment maintenance records. Officer training and certification. Calibration logs. If a procedural error exists, we find it.
Challenging the Traffic Stop
Police need reasonable suspicion to pull you over. If they can’t articulate specific facts that justified the stop, everything that followed becomes inadmissible. We’ve won cases by proving traffic stops were pretextual or based on insufficient grounds. When the stop falls, the case falls with it.
Attacking Field Sobriety Tests
Field sobriety tests are subjective and frequently unreliable. The National Highway Traffic Safety Administration sets strict protocols for administering these tests. Any deviation can render results meaningless. Beyond protocol violations, medical conditions, fatigue, anxiety, weather, uneven surfaces, and improper footwear all affect performance. Our attorneys are trained in NHTSA testing procedures and regularly demonstrate that poor performance stemmed from factors unrelated to alcohol.
Fighting Breath Test Evidence
The Intoxilyzer machines used in Dallas County are complex instruments requiring regular calibration. Radio frequency interference, mouth alcohol contamination, GERD, diabetes, and operator error all affect accuracy. We work with forensic experts to examine testing procedures and maintenance records. Violations can result in breath test suppression.
Challenging Blood Test Results
Blood tests are more accurate than breath tests but present their own vulnerabilities. Strict protocols govern collection, storage, and testing. Chain of custody violations, improper storage, expired reagents, and unqualified technicians all compromise reliability. Because blood samples are preserved, we can have them independently retested. Our forensic experts have found lab errors that changed case outcomes.
Constitutional Violations
Miranda rights violations, illegal searches, and excessive detention can result in evidence suppression or case dismissal. We examine every aspect of your arrest to ensure your constitutional protections weren’t violated.
What Should You Do in the First 15 Days After a DWI Arrest?
The 15 days following your arrest are the most critical window in your case. What you do or fail to do can determine whether you keep your license and whether key evidence gets preserved or suppressed.
Your most urgent deadline is requesting an ALR hearing within 15 days. Under Texas Transportation Code § 524.031, failing to request this hearing results in automatic license suspension regardless of your criminal case outcome. The hearing also gives us our first chance to question the arresting officer under oath.
Stop talking about your case. Every word you say to police, friends, or social media can become evidence. Your right to remain silent is your strongest protection. Use it.
Document everything while details are fresh. Write down what you ate, when you last slept, any medications you took, any medical conditions that might have affected test performance. Note everything you remember about the traffic stop and field sobriety tests. These details can become critical defense elements.
Understand that you’re facing two separate proceedings. The criminal case and the license suspension operate under different rules and deadlines. You can win your criminal case and still lose your license. You can lose your criminal case and keep your license. Experienced counsel who understands both processes is essential.
Frequently Asked Questions About Dallas DWI Cases
Can I refuse a breathalyzer test in Dallas?
Yes, but refusal triggers automatic 180-day license suspension under Texas implied consent laws found in Texas Transportation Code Chapter 724. Refusing often makes strategic sense because it denies prosecutors potentially damaging evidence. We can challenge blood draw warrants, but challenging breath test consent is typically unsuccessful. The decision should be made understanding all consequences.
How much does a DWI cost in Dallas?
Total costs typically range from $10,000 to $25,000 over three years. This includes court fines, increased insurance premiums lasting years, mandatory classes, ignition interlock expenses, reinstatement fees, and annual surcharges. Hidden costs add up quickly: lost wages from court appearances, job loss from license suspension, and missed career opportunities due to your criminal record.
Will I lose my job after a DWI arrest?
Employment impact varies by profession and employer policy. Positions requiring driving or professional licenses face immediate consequences even from an arrest. Other jobs may not be affected until conviction. We help clients navigate employment issues proactively, coordinating with employers and licensing boards to minimize career damage.
What’s the difference between DUI and DWI in Texas?
In Texas, DUI applies only to minors under 21 with any detectable alcohol. DWI applies to drivers of any age who are impaired or have a BAC of 0.08% or higher. DWI carries significantly harsher penalties including potential jail time, substantial fines, and license suspension.
Can a DWI be dismissed in Dallas County?
Yes. We’ve obtained dismissals based on improper traffic stops, faulty testing equipment, procedural violations, constitutional rights violations, and insufficient evidence. Our experience as former prosecutors helps us identify weaknesses that other attorneys miss.
How does a blood test differ from a breath test in DWI cases?
Blood tests are generally more accurate but more susceptible to legal challenges because the specimen remains available for independent retesting. We examine blood evidence for chain of custody violations, lab protocol errors, and improper storage. Procedural errors have led to successful challenges in many cases.
What if I failed the field sobriety tests?
Field sobriety tests are subjective and affected by many factors beyond alcohol. Medical conditions, fatigue, anxiety, weather, and improper footwear all impact performance. Tests must follow strict NHTSA protocols. Any deviation makes results unreliable. We regularly demonstrate that poor performance resulted from factors other than impairment.
How long will a DWI affect my car insurance?
A DWI conviction typically affects rates for 3 to 5 years, with increases ranging from 25% to 300%. Some insurers cancel policies entirely, forcing you to high-risk coverage. You’ll need expensive SR-22 insurance for years. Fighting your case effectively can prevent these increases entirely.
Can I get my DWI expunged in Texas?
DWI convictions cannot be expunged in Texas. Some cases qualify for non-disclosure (sealing) after a waiting period, but options are limited. The best opportunity for a clean record is avoiding conviction through aggressive defense. We’ve helped many clients preserve their records by preventing conviction entirely.
Why Choose Varghese Summersett for Your Dallas DWI Defense?
At Varghese Summersett, DWI defense isn’t a sideline. It’s a specialty we’ve mastered through thousands of cases in Dallas County courts. Our team includes former prosecutors who understand exactly how the state builds cases against people like you. We know which judges are reasonable, which prosecutors negotiate, which experts to call, and which arguments work in Dallas courtrooms.
We understand that behind every case file is a person whose life has been upended. The fear. The shame. The uncertainty consuming your thoughts. We’ve walked this path with hundreds of Dallas residents who thought their lives were over. We know how to turn crisis into opportunity.
Your initial consultation is confidential and free. We’ll review your case facts, explain your options, and develop a strategy tailored to your situation. We offer flexible payment plans because quality legal representation shouldn’t depend on your financial situation.
Time matters. Every day you wait, evidence disappears, memories fade, and opportunities close. The 15-day ALR deadline approaches fast. The state is already building its case. It’s time to start building your defense.
Contact Varghese Summersett now at (214) 903-4000 or visit our Dallas office at 2100 Ross Ave Suite 950, Dallas, TX 75201. We’re available 24/7 because DWI arrests don’t happen only during business hours.
Your life is worth fighting for. Call Varghese Summersett now.
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