DWI in Texas

Our team of DWI lawyers has built a reputation for obtaining phenomenal results defending driving while intoxicated cases in Texas. This is for a number of reasons. First and foremost, we are trial lawyers who have gone to jury trial on Driving While Intoxicated (and intoxication assault and intoxication manslaughter cases) more than almost any other group of attorneys in Texas. Not every case goes to trial, so why is it important to have a trial attorney on your team? Prosecutors know when the person on the other side has what it takes to go to bat for you. As a result, trial lawyers get far better offers than attorneys who never go to trial. Second, we have a number of Board Certified Criminal Law Specialists on our team – which is the highest designation a criminal defense attorney can reach. In this article, we explain the Texas DWI Laws.

To put it in perspective, less than three percent of lawyers in Texas have earned this designation. Board Certification is the only way to be considered an expert in a practice area. Third, our results and reviews speak for themselves. We have had more than our fair share of dismissals, reductions, and acquittals. If you haven’t already, we encourage you to look at our Google reviews.

In short: In Texas, DWI means operating a motor vehicle in a public place while intoxicated: a BAC of 0.08 or more, or the loss of your normal mental or physical faculties from alcohol or drugs. A first offense is a Class B misdemeanor, but the charge climbs quickly with a high BAC, a child passenger, prior convictions, or an injury crash. You have 15 days after arrest to protect your license. This guide explains the law, the penalties at every level, and how these cases are defended, with links to our DWI teams in each city we serve.

In Texas, DWI stands for Driving While Intoxicated. It is a criminal offense that occurs when a person operates a motor vehicle while under the influence of alcohol, drugs, or any other substance that impairs their ability to drive safely. Texas law defines intoxication as:

1. Having a blood alcohol concentration (BAC) of 0.08% or higher, or
2. Not having the normal use of mental or physical faculties due to the introduction of a substance into your body.

Interestingly, the Texas Penal Code does not mention “driving” in its definition of a DWI.

The state instead requires prosecutors to show the following to prove a DWI:

• On or about a particular date
• The person accused
• “Operated”
• A motor vehicle
• While intoxicated

According to Texas law, intoxicated means:

• The person lacked their “normal” mental faculties due to an intoxicant;
• The person lacked their “normal” physical faculties due to an intoxicant; OR
• The person had a blood alcohol concentration of .08 or more.

Our DWI Lawyer put the word “normal” in quotes because it’s not a defined term and is one reason why a case without a breath or blood specimen could be open for attack. In non-specimen cases (where there is no breath or blood sample), whether or not a person was normal is subject to a lot of debate.

A first-time DWI can be filed in four different ways: a standard DWI, DWI-Open Container, and DWI with a BAC of 0.15 or higher:

A standard DWI charge occurs when a person is found to be operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or when their mental or physical faculties are impaired due to the consumption of alcohol, drugs, or a combination of both. Penalties for a DWI in Texas can include fines, jail time, license suspension, and other consequences depending on the number of prior offenses and the specific circumstances of the case.

This offense occurs when a person is charged with a DWI and is also found to have an open container of alcohol in the passenger area of their vehicle. An open container is defined as any bottle, can, or other receptacle that contains any amount of alcoholic beverage and has been opened, has a broken seal, or has had some of the contents removed. In Texas, the penalties for a DWI-Open Container charge are generally more severe than those for a standard DWI. For example, a first-time DWI-Open Container offense carries a minimum jail term of 6 days. Our Texas DWI Lawyer is adept at keeping your out of jail despute these obstacles.

This charge applies when a person is found to be operating a motor vehicle with a BAC of 0.15 or higher, which is almost twice the legal limit of 0.08%. Due to the significantly elevated level of intoxication, the penalties for a DWI with a BAC of 0.15 or higher are more severe than those for a standard DWI. In Texas, a first-time DWI with a BAC of 0.15 or higher is classified as a Class A misdemeanor, which carries a fine of up to $4,000, a jail term of up to one year, and a potential license suspension of up to two years.

In Texas, a DWI Child Passenger offense occurs when a person is charged with driving while intoxicated (DWI) and has a child passenger who is under 15 years of age in the vehicle at the time of the offense. The presence of a child passenger significantly increases the potential consequences of a DWI charge, as it is seen as a more severe offense due to the increased risk posed to the child. A DWI Child Passenger charge is classified as a state jail felony in Texas, which carries more severe penalties compared to a standard DWI. Some of the potential penalties for a DWI Child Passenger offense include a state jail sentence ranging from 180 days to 2 years and a fine of up to $10,000.

You don’t have to be hammered to be charged with DWI in Texas. In fact, you can be charged with DWI with a blood alcohol content of less than 0.08%, the state’s legal limit. All the state has to prove is you were not normal mentally or physically due to the introduction of any substance into your body – including prescriptions or narcotics.

Field sobriety tests (FSTs) are often criticized as being poor measures of sobriety for several reasons:

1. Subjectivity: The results of FSTs are largely based on the subjective judgment of the officer conducting the test. Two different officers may have different interpretations of the same performance.
2. Physical Conditions: Many people, even when sober, might struggle with balance or coordination due to physical conditions, disabilities, age, or injury. These factors can affect the results of the tests.
3. Nervousness: Being pulled over by law enforcement can be a stressful experience. This stress and nervousness can affect a person’s performance on the tests, leading to mistakes that could be misinterpreted as signs of intoxication.
4. Environmental Factors: Conditions such as uneven or slippery surfaces, poor lighting, weather conditions, or even the type of shoes a person is wearing can impact the results of the tests.
5. Lack of Standardization: While there are standardized field sobriety tests, not all law enforcement agencies use them, and the way they are administered can vary greatly.
6. Medical Conditions: Certain medical conditions or medications can affect eye movement and balance, leading to poor performance on some of the tests.

For these reasons, field sobriety tests are often seen as unreliable indicators of a person’s level of intoxication. They are typically used as preliminary indicators and are often followed up with more reliable testing methods, such as breathalyzer or blood tests.

While blood tests are generally more accurate than breathalyzer tests in determining blood alcohol concentration (BAC), they are not without their own set of potential issues in DWI cases. Here are some of the problems that can arise:

1. Improper Collection and Storage: If the blood sample is not collected, stored, or handled properly, it can lead to inaccurate results. For example, if the blood is not mixed properly with preservatives and anticoagulants, it can ferment and produce alcohol, leading to a falsely high BAC reading.
2. Chain of Custody Issues: The blood sample passes through many hands from collection to testing. If there’s a break in the chain of custody, or if the sample is not properly tracked, it could be argued that the sample may have been tampered with or contaminated.
3. Medical Conditions: Certain medical conditions, such as diabetes or yeast infections, can cause endogenous ethanol production, where the body produces its own alcohol. This can lead to falsely high BAC readings.
4. Delay in Draw: There can be a significant delay between when the blood is drawn and the time the suspect was driving. During this time, the alcohol level in the sample can change considerably.
5. Testing Errors: Even in a lab setting, errors can occur. Equipment can malfunction, or the person conducting the test might make a mistake. Labs also need to be regularly maintained and calibrated to ensure accurate results.

Board Certification  = Expertise

As Board Certified criminal lawyers (Benson Varghese, Anna Summersett, Letty Martinez, and Tanya Dohoney), we are experts in criminal law. We’ve handled hundreds of intoxication cases and have had many DWIs outright dismissed in Dallas – a rare and exceptional outcome in this county.  We have defended people from all walks of life against DWI charges, including lawyers, pilots, doctors, nurses, firefighters, barbers, plumbers – and even elected officials.

Trial Skills = Formidale Opponents

Let’s explain why you should trust us with your DWI defense. We are an authority on DWIs in Texas. Few law firms have tried more DWI cases in front of juries than us. Our team of attorneys has tried more than 300 DWI cases, including intoxication assault and intoxication manslaughter, in North Texas. We will challenge the evidence and find any weaknesses to leverage for the best possible result. When prosecutors learn Varghese Summersett is the defense team, they know we’re bringing an intimidating wealth of experience into the courtroom.

We begin with a complimentary consultation about your case. We will discuss the strengths, weaknesses, and opportunities in your case. Whether we take your case to trial, use a motion to suppress, or negotiate a lesser offense, we will keep you informed and updated on the progress throughout the process.

1. Case Evaluation: We begin by conducting a thorough review of your case. This includes understanding the circumstances surrounding your arrest, the charges you’re facing, and identifying potential defenses. We assess the strengths and weaknesses of your case and develop a strategy tailored to your specific situation.
2. Gathering Evidence: Next, we gather all the necessary evidence to build a robust defense. This could include police reports, breath or blood test results, video footage from the arrest, witness statements, and any other relevant information. We may also collaborate with experts, such as toxicologists or accident reconstruction specialists, to challenge the prosecution’s evidence or provide alternative explanations.
3. Negotiating Plea Deals: If it’s in your best interest, we can negotiate a plea deal with the prosecutor. This could involve you pleading guilty to a lesser charge, or agreeing to certain conditions in exchange for a reduced sentence. Our team has extensive experience in negotiation and we strive to achieve the best possible outcome for you.
4. Representing You in Court: If your case goes to trial, we represent you in court. We present your defense, cross-examine the prosecution’s witnesses, and argue on your behalf. Our goal is to create reasonable doubt in the minds of the jury to achieve a not guilty verdict.

In Texas, when a person is arrested for Driving While Intoxicated (DWI), they typically face two separate cases:

Criminal Case

This is the case brought against the accused by the state or local government, alleging that the accused has violated the DWI laws. If convicted in a criminal case, the accused can face penalties such as fines, probation, community service, mandatory alcohol education classes, and potential jail or prison time. The severity of the penalties depends on factors like the accused’s blood alcohol concentration (BAC), prior DWI convictions, and whether any injuries or property damage occurred as a result of the DWI.

Administrative License Revocation (ALR) Case

This is a separate civil case that deals with the suspension of the accused’s driver’s license. The ALR process is initiated by the Texas Department of Public Safety (DPS) when the accused either fails a BAC test (with a BAC of 0.08% or higher for adults, or 0.02% or higher for minors) or refuses to take a BAC test during a DWI stop. The accused has a limited time (generally 15 days) to request an ALR hearing to contest the suspension. If the hearing is not requested within the allotted time, or if the accused loses the hearing, their driver’s license will be suspended.

The 15-day mark after a DWI arrest in Texas is critical because it represents the deadline for requesting an Administrative License Revocation (ALR) hearing. The ALR hearing is a separate civil process handled by the Texas Department of Public Safety (DPS) that deals with the suspension of the accused’s driver’s license due to a DWI arrest.

If an individual fails a blood alcohol concentration (BAC) test or refuses to take one during a DWI stop, the arresting officer will confiscate their driver’s license and issue a temporary driving permit. The accused then has only 15 days from the date of the arrest to request an ALR hearing to contest the license suspension.

If the accused does not request an ALR hearing within this 15-day window, their driver’s license will be automatically suspended. The duration of the suspension depends on the circumstances of the arrest and the individual’s prior DWI history.

Texas charges adults 21 and over with DWI. DUI exists only for minors under the Alcoholic Beverage Code, where any detectable amount of alcohol is enough. People use the terms interchangeably, but the legal differences matter, and we break them down in our guide to the difference between DUI and DWI in Texas.

A DWI (Driving While Intoxicated) offense can have more severe consequences for a commercial driver’s license (CDL) holder in Texas than for a non-commercial driver. The key differences include:

1. Lower BAC threshold: For CDL holders operating a commercial vehicle, the legal blood alcohol concentration (BAC) limit is 0.04%, which is half of the 0.08% limit for non-commercial drivers.
2. Impact on the CDL: A first-time DWI conviction, whether it occurred while operating a commercial or non-commercial vehicle, can result in a one-year disqualification of the CDL. If the DWI involved transporting hazardous materials, the disqualification period increases to a minimum of three years. A second DWI conviction can result in a lifetime CDL disqualification.
3. Out-of-service orders: CDL holders convicted of a DWI may also receive an out-of-service order for a specified period, during which they cannot operate any commercial motor vehicle.
4. Employment consequences: CDL holders often rely on their licenses for their livelihood. A DWI conviction can lead to job loss or difficulty finding employment as a commercial driver.
5. More stringent penalties: CDL holders are held to higher safety standards due to the potential risks associated with operating large commercial vehicles. As a result, they may face more severe penalties for DWI offenses, even if they were not operating a commercial vehicle at the time of the arrest.

In Texas, it may be possible to get a DWI off your record under certain circumstances through a process called expunction or an order of nondisclosure. However, eligibility for these options depends on the specific details of your case.

Expunction

Expunction is a process that completely removes an arrest or conviction from your record as if it never happened. To be eligible for expunction, you must meet certain criteria, which may include:

• The DWI charge was dismissed, and you were not convicted.
• You were found not guilty at trial.
• You were arrested but never formally charged, and the statute of limitations has expired.
• You completed a pre-trial diversion program, and your case was dismissed.

Expunction is not available for DWI convictions in Texas, except in rare cases where the conviction was later overturned on appeal or through a pardon.

Order of Nondisclosure

An order of nondisclosure is a more limited form of record sealing that restricts access to your criminal record by certain entities, such as private employers or landlords. This option may be available for first-time DWI offenders who successfully completed probation or deferred adjudication. To be eligible, you must meet specific criteria, such as:

• It was a first-time DWI offense.
• Your BAC was below 0.15%.
• You have no other criminal convictions or deferred adjudications on your record.
• You completed all the terms of your probation or deferred adjudication, including any required classes or community service.
• You have waited the required waiting period after completing probation or deferred adjudication (usually two to five years, depending on the details of your case).

A third DWI, a DWI with a child passenger, and intoxication crashes that hurt or kill someone are felonies with prison exposure and much higher stakes. Our guide to felony DWI in Texas covers the tiers, from state jail felonies to intoxication manslaughter. If you completed probation or want a DWI off your record, start with expunctions and nondisclosures, and if you are on supervision now, see DWI probation in Texas.

DWI enforcement, judges, prosecutors, and diversion options differ from county to county. We defend DWI cases with local teams in every market we serve:

• Fort Worth DWI Lawyer (Tarrant County)
• Dallas DWI Lawyer (Dallas County)
• Houston DWI Lawyer (Harris County)
• Fort Bend DWI Lawyer (Fort Bend County)
• Southlake DWI Lawyer
• Arlington DWI Lawyer
• Irving DWI Lawyer
• Denton County DWI Lawyer
• Collin County DWI Lawyer (McKinney, Plano, Frisco)

Our team of attorneys with extensive experience in handling DWI cases. Our knowledge of the legal system, DWI laws, and defense strategies can be invaluable for achieving the best possible outcome for your case.

We Focus on DWI cases.

We have a deep understanding of the unique challenges and complexities involved in these types of cases. They can help you navigate the process and ensure that your rights are protected at every stage.

We offer personalized attention.

We don’t operate in volume. We understand your unique situation and develop a defense strategy tailored to your specific needs and circumstances.

Our reputation and credibility.

We have a proven track record of success in DWI cases and provide you with confidence and peace of mind knowing that your case is in good hands.

Our access to resources.

We have access to resources, such as expert witnesses or forensic specialists, that can help build a strong defense and challenge the prosecution’s evidence.

Call us at (214) 903-4000