Have you recently been arrested for driving while intoxicated (DWI) in Dallas, Texas? Call Texas Defense Firm at (469) 365-2228 to schedule a initial consultation with an experienced Dallas DWI lawyer and learn how we can help protect your future.
A DWI conviction can jeopardize your freedom, your license, and your reputation, but you don’t have to face it alone. Our firm is one of the most respected criminal defense teams in Texas, and we’ve successfully defended clients in hundreds of DWI cases across Dallas County and beyond.
Why Choose Texas Defense Firm To Help With Your DWI Case?
After a DWI, you need a legal team with experience taking on aggressive prosecutors and a commitment to getting favorable results for the accused. Texas Defense Firm, is one of the most respected criminal defense firms in Dallas, TX.
We don’t treat DWI cases as minor charges; we know the lasting impact they can have on your life. Here’s what you get when you hire our Dallas criminal defense attorneys:
- 200+ years of combined experience
- Board-certified criminal law specialists on staff
- Advocacy from former prosecutors who use their insights to build your case
- A proven track record defending misdemeanor and felony DWI charges
- Decades of experience in both state and federal courts
- Personalized attention from the moment you call until your case is resolved
- Trial skills and a courtroom reputation that prosecutors respect
Whether you’re facing your first DWI or a felony repeat offense, we know how to push back against the state’s case. Contact us today to schedule your case review with a Dallas DWI attorney.
What Is a DWI in Texas?
In Texas, the legal term for impaired driving is “Driving While Intoxicated,” or DWI. The state does not use the term “DUI,” although it may be used in casual conversations.
Under Texas Penal Code § 49.04, you can be charged with a DWI if:
- Your blood alcohol concentration (BAC) is 0.08% or higher, OR
- You’ve lost the normal use of your mental or physical faculties due to alcohol, drugs, or a combination
You don’t need to be over the legal limit to be arrested. If the officer believes you’re impaired, you can be taken into custody for impaired driving.
Texas is also a zero-tolerance state for underage drivers. Anyone under 21 caught driving with any detectable amount of alcohol in their system can be charged with DWI.
Defining “Operating a Motor Vehicle”
You might assume that a DWI requires you to be actively driving a vehicle on the road. However, the law considers whether you were operating a motor vehicle, a term that has a broader interpretation.
You can be arrested for DWI even if you’re:
- Sitting in the driver’s seat with the keys in the ignition
- Starting the engine
- Adjusting the radio, air conditioning, or headlights
- Stopped in a parking lot or driveway
If the police believe you were exercising control over the vehicle in any way while impaired, they can charge you with DWI.
Penalties for DWI in Dallas, TX
Texas DWI penalties are harsh, and they become more severe with repeat offenses or aggravating factors.
First Offense DWI
Even a first DWI conviction can carry serious consequences, including:
- Jail time: 72 hours to 180 days (up to 1 year if BAC ≥ 0.15%)
- Fines: Up to $2,000 ($4,000 if BAC ≥ 0.15%)
- License suspension: 90 days to 1 year
- Ignition interlock device (IID): May be required for an occupational license
If you’re a first-time offender, the court may offer probation or a diversion program to lessen the impact of the charges. But these are not guaranteed.
Second Offense DWI
If you’ve been convicted of DWI before, the stakes are significantly higher. You could face:
- Jail time: 30 days to 12 months
- Fines: Up to $4,000
- License suspension: 180 days to 2 years
- IID: Mandatory if prior offense occurred within 5 years
A second conviction often limits your options for diversion or probation. Prosecutors are usually less likely to offer these programs.
Third Offense DWI
A third DWI offense in Texas is a third-degree felony. It includes penalties such as:
- Prison time: 2 to 10 years in a state facility
- Fines: Up to $10,000
- License suspension: 180 days to 2 years
- Long-term impacts on employment, housing, and civil rights
With these charges, you need a defense team with serious trial experience and a proven track record of securing dismissals, acquittals, and reduced charges. We’ve handled felony DWI cases across Texas and know how to fight back against aggressive prosecution.
Aggravating Factors That Enhance DWI Penalties in Texas
Certain circumstances can turn a standard DWI charge into something far more severe. These aggravating factors may lead to enhanced penalties, including felony charges and mandatory jail time.
Common aggravating factors include:
- DWI with a child passenger (under 15): Automatically charged as a state jail felony, punishable by up to 2 years in jail and a $10,000 fine.
- Accidents involving serious injury: May lead to intoxication assault charges, a third-degree felony with 2–10 years in prison.
- Fatal accidents: May result in intoxication manslaughter, a second-degree felony carrying 2–20 years behind bars.
- BAC ≥ 0.15%: Treated more seriously under the law, often enhancing a misdemeanor to a higher-level charge with additional consequences.
If any of these circumstances apply to your case, it’s absolutely essential to involve an experienced Dallas DWI attorney immediately.
Administrative License Revocation
After a DWI arrest in Texas, you will also face an administrative license suspension, unless you act quickly. You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing.
If you miss the deadline, your driver’s license will be automatically suspended, regardless of the outcome of your criminal case. Our team at Texas Defense Firm can represent you at this hearing, challenge the evidence, and fight to preserve your ability to drive legally.
The longer you wait to hire a lawyer, the fewer options you’ll have to mount a strong defense.
Common Defenses Against DWI Charges in Dallas
Just because you were arrested doesn’t mean you’ll be convicted. There are numerous strategies we can use to challenge the charges and defend your rights and freedom.
Here are some of the most effective defenses we’ve used in DWI cases:
- Unlawful traffic stop: Police must have reasonable suspicion to pull you over. If the initial stop was unjustified, all evidence gathered afterward may be inadmissible, including BAC test results.
- Faulty breath or blood test: Testing errors are more common than most people realize. Issues with calibration, improper administration, or contaminated samples can cast doubt on the prosecution’s case.
- Field sobriety test errors: Field sobriety tests (FSTs) are notoriously subjective. If the officer failed to follow NHTSA protocol or misinterpreted your performance, we may be able to exclude the results or weaken their weight in court.
- Medical conditions or prescription interference: Certain health conditions, like diabetes, GERD, or neurological disorders, can mimic signs of intoxication or cause false positives on breathalyzer tests.
- Rising BAC defense: It’s possible your BAC was below the legal limit while driving, but rose above 0.08% by the time you were tested. This “rising BAC” defense can be particularly effective when there is a delay between your stop and chemical testing.
- Violation of constitutional rights: If your rights were violated during your arrest, we’ll file motions to suppress any evidence obtained as a result. Examples include failure to read Miranda warnings or an illegal search.
At Texas Defense Firm, we thoroughly investigate all aspects of your arrest and identify every possible defense. Our goal is to reduce or eliminate the charges, or take the case to trial if that’s what it takes to protect your future.
Contact a Dallas DWI Lawyer Today for Help Defending Against a DWI Charge
If you’re facing DWI charges in Dallas, Texas, the stakes couldn’t be higher, but with the right defense team in your corner, you’ll increase your odds of securing a favorable result. At Texas Defense Firm, we’ve helped countless Texans fight and beat DWI charges.
We’re ready to do the same for you. We have 194 years of combined legal experience handling criminal cases, as well as board-certified criminal law specialists and former prosecutors ready to fight for your rights.
Don’t wait for prosecutors to build a case against you. Let us start building your defense today. Call now or contact us online to schedule your consultation with an experienced Dallas DWI lawyer. We’ll review your case, explain your rights, and begin fighting for the best possible outcome.