If you were arrested for carrying a firearm while intoxicated in Dallas, you face serious criminal charges that can affect your freedom, gun rights, and criminal record. Police often file these charges alongside DWI allegations after traffic stops, public encounters, or bar incidents. The outcome of your case depends on where the firearm was located, whether you were actually intoxicated, whether the stop and search were lawful, and whether a statutory exception applies. We defend your rights at every stage and challenge the State’s evidence.
Call now to speak with a Dallas criminal defense lawyer who will fight to protect your freedom and gun rights.
What Is a Firearm While Intoxicated Charge in Texas?
Texas law prohibits carrying a handgun while intoxicated under most circumstances, but the statute includes important exceptions that many people don’t know about. Under Texas Penal Code Section 46.02(a-6), a person commits an offense if they carry a handgun while intoxicated. However, the law creates specific exceptions for:
- Your own property
- Private property where you have consent to be present
- Inside or directly en route to a motor vehicle or watercraft you own or control
These exceptions matter. You can legally have a handgun in your vehicle even if you’re intoxicated, as long as the vehicle belongs to you or is under your control. This creates a critical distinction that prosecutors often ignore when filing charges.
Texas defines “intoxicated” under Penal Code Section 49.01 as:
- Not having the normal use of mental or physical faculties due to alcohol, drugs, or another substance, or
- Having a blood alcohol concentration of 0.08 or more
The State must prove both that you carried a handgun and that you were intoxicated. If either element fails, the charge should not stand.
Can You Be Arrested in Dallas for Carrying a Handgun While Intoxicated?
Whether police can legally arrest you depends on where you had the firearm and whether an exception applies.
In a Public Place
If you carry a handgun at a bar, restaurant, park, or on a public street while intoxicated, you face arrest. Texas does not allow public handgun possession while intoxicated, even with a License to Carry (LTC). The Texas Department of Public Safety expressly warns LTC holders that carrying while intoxicated is prohibited.
Common Dallas arrest locations include entertainment districts like Lower Greenville, Deep Ellum, Uptown (McKinney Avenue area), Bishop Arts District, and West End. Dallas Police also make arrests at sporting events near American Airlines Center and AT&T Stadium in Arlington.
During a Traffic Stop or DWI Investigation
Dallas police frequently discover firearms during traffic stops. An officer who suspects DWI will often ask about weapons, search the vehicle, or see a handgun during the encounter. If the officer believes you’re intoxicated, they may arrest you for both DWI and unlawful carrying of a weapon.
Dallas-area law enforcement agencies that commonly make these arrests:
- Dallas Police Department (DPD)
- Texas Department of Public Safety Highway Patrol
- Irving Police Department
- Carrollton Police Department
- Richardson Police Department
- Plano Police Department
If the Handgun Is in Your Car
This is where the law protects you. Texas law allows you to have a handgun in your vehicle even if you’re intoxicated, as long as the vehicle is yours or under your control. The statute’s vehicle exception is clear, but police and prosecutors often ignore it.
If officers arrest you for having a gun in your own vehicle while intoxicated, the charge may be unlawful from the start.
If You Are on Your Own Property
You can possess a handgun on your own property while intoxicated. The statute does not apply to your residence, land, or business premises. Police cannot charge you with this offense if the firearm never left your property.
What Are the Penalties for Carrying a Firearm While Intoxicated in Texas?
Carrying a firearm while intoxicated is typically charged as a Class A misdemeanor in Texas. Conviction carries:
- Up to one year in county jail
- A fine of up to $4,000
- Probation as a possible alternative to jail time
- A permanent criminal record
However, the charge can escalate to a third-degree felony if you have certain prior convictions or if the circumstances involve other criminal conduct. A felony conviction means:
- 2 to 10 years in state prison
- Fines up to $10,000
- Loss of voting rights
- Prohibition on firearm possession under federal law
- Difficulty finding employment, housing, or professional licensing
Impact on Your Criminal Record
A conviction stays on your record permanently. Unlike some misdemeanors, weapons offenses signal to employers, landlords, and licensing boards that you misused a firearm. This can close doors for years.
Effects on Firearm Rights and Licensing
According to the Texas Department of Public Safety, certain convictions make you ineligible for a License to Carry for five years after the conviction date. The DPS treats deferred adjudication the same as a conviction for LTC eligibility purposes. Even if you currently hold an LTC, a conviction may result in revocation.
| Conviction Type | Jail/Prison Time | Fine | LTC Impact | Federal Gun Rights |
|---|---|---|---|---|
| Class A Misdemeanor | Up to 1 year | Up to $4,000 | 5-year ineligibility | Possible loss |
| Third-Degree Felony | 2-10 years | Up to $10,000 | Permanent ineligibility | Permanent loss |
Where Will Your Case Be Heard in Dallas?
If you’re arrested for carrying a firearm while intoxicated in Dallas, your case will be processed through the Dallas County criminal justice system.
Dallas County Jail (Lew Sterrett Justice Center)
111 West Commerce Street, Dallas, TX 75202
This is where you’ll be taken after arrest. The facility is located in downtown Dallas, near the intersection of Commerce Street and I-35E. You’ll be booked, fingerprinted, and held until your bond is set.
Dallas County Criminal Courts
Frank Crowley Courts Building
133 N. Riverfront Blvd., Dallas, TX 75207
Most misdemeanor firearm cases are heard in the County Criminal Courts (Courts 1-7) in the Frank Crowley building. If your case involves felony charges, it will be assigned to one of the district courts in the same building. The courthouse is located directly adjacent to the jail facility.
What to Expect at Your Arraignment
Your first court appearance is the arraignment. This typically occurs within 48 hours of your arrest if you’re in custody, or you’ll receive a notice to appear if you’ve been released on bond. At the arraignment:
- The judge reads the charges against you
- You enter a plea (not guilty, guilty, or no contest)
- The judge sets or reviews your bond
- Your attorney can request discovery and begin negotiating with the prosecutor
We appear with you at arraignment and handle all communications with the court and prosecutor.
Understanding Bond in Dallas County
Bond amounts for carrying a firearm while intoxicated vary based on factors including your criminal history, whether you have an LTC, and whether the charge is coupled with DWI. Typical bond ranges:
- Class A misdemeanor alone: $2,500–$5,000
- Class A misdemeanor + DWI: $5,000–$10,000
- Third-degree felony: $10,000–$25,000
Dallas County uses both cash bonds and surety bonds. If you cannot afford the full bond amount, you can work with a bondsman who typically charges 10% of the total bond as a non-refundable fee.
Bond conditions often include:
- No possession of firearms
- No consumption of alcohol
- Drug and alcohol testing
- Travel restrictions
Violating bond conditions can result in immediate arrest and higher bond amounts.
What Happens If the Firearm Charge Is Connected to a DWI Arrest?
Most firearm while intoxicated arrests in Dallas happen during DWI investigations. Police discover the weapon during a traffic stop, and prosecutors file both charges to increase pressure on you to plead guilty.
Common arrest locations include high-enforcement areas like Greenville Avenue, Lower Greenville, Deep Ellum, Uptown Dallas, and along major corridors such as I-35E, I-30, Central Expressway (US 75), and the Dallas North Tollway.
Why These Charges Are Often Filed Together
When Dallas police stop a driver for suspected DWI, they routinely ask, “Do you have any weapons in the vehicle?” If you answer honestly or if they discover a firearm during a search, they add the weapons charge. Prosecutors in the Dallas County District Attorney’s Office use the double charge as leverage, offering to dismiss one charge if you plead guilty to the other.
The Dallas County DA’s Office assigns cases to specific prosecutors based on the court. Each County Criminal Court has a dedicated prosecutor team. We know these teams, their supervisors, and their track records on weapons and DWI cases.
How Prosecutors Try to Prove Intoxication
The State must prove you were intoxicated using the same evidence they would use in a DWI case:
- Field sobriety tests
- Blood or breath test results
- Officer observations (slurred speech, bloodshot eyes, unsteady balance)
- Admissions you made during questioning
In Dallas County, breath tests are typically administered at the Dallas County Jail using the Intoxilyzer 9000. Blood draws may occur at Parkland Memorial Hospital or other designated facilities. We challenge both the testing procedures and the qualifications of the personnel who administered the tests.
If we can suppress the test results or discredit the officer’s observations, both charges weaken.
Search and Seizure Issues in DWI-Related Gun Cases
Many firearm discoveries result from illegal searches. Police need probable cause or your consent to search your vehicle. If the officer searched without a warrant, without probable cause, and without valid consent, we file a motion to suppress all evidence found during that search.
Defenses to a Dallas Firearm While Intoxicated Charge
We build your defense by attacking the State’s case at every weak point.
You Were Not Intoxicated
The State must prove intoxication beyond a reasonable doubt. If you did not lose normal use of your mental or physical faculties and your BAC was below 0.08, the State cannot convict you. We challenge:
- Field sobriety test results: These tests are subjective, improperly administered, and affected by medical conditions, injuries, footwear, and road conditions.
- Blood and breath test results: Lab errors, calibration issues, improper storage, and rising BAC can all produce unreliable results.
- Officer observations: Nervousness, fatigue, allergies, and medical conditions can mimic intoxication.
An Exception Applied
If the handgun was in your vehicle, on your property, or on private property where you had consent to be present, the statute does not apply. We prove the exception by showing:
- Vehicle registration documents
- Property ownership records
- Witness testimony
- GPS data showing location
Police Lacked Reasonable Suspicion or Probable Cause
The Fourth Amendment protects you from unlawful stops and arrests. If the officer did not have reasonable suspicion to stop your vehicle or probable cause to arrest you, all evidence obtained afterward may be suppressed.
The Search Was Unlawful
Police cannot search your vehicle without:
- A warrant
- Probable cause to believe the vehicle contains evidence of a crime
- Your valid consent
- A search incident to lawful arrest
If the officer exceeded the scope of a lawful search or fabricated probable cause, we file a motion to suppress the firearm and any other evidence seized during the search.
The State Cannot Prove Unlawful Possession or Carrying
If you were not actually carrying the handgun or did not have possession or control of it, the State cannot convict you. We raise this defense when:
- The handgun belonged to someone else
- You did not know the handgun was present
- The handgun was not accessible to you
- Multiple people had access to the location where the handgun was found
⚠️ Why Plea Decisions Must Be Evaluated Carefully
Prosecutors often offer plea deals that seem attractive but carry hidden consequences. A deferred adjudication for a reduced charge may still cost you your LTC and affect your firearm rights. Before accepting any plea offer, you must understand the full impact on your gun rights, career, and record.
Why Hire a Dallas Firearm While Intoxicated Lawyer?
We bring over 35 years of criminal defense experience and have successfully defended more than 1,000 DWI and weapons cases in Dallas County and surrounding areas.
Local Court Familiarity
We know the Dallas County courts, judges, prosecutors, and procedures. Since 2002, we have represented clients in the Frank Crowley Courts Building and throughout the 16+ counties we serve in the Dallas-Fort Worth area, including Dallas, Tarrant, Collin, Denton, Rockwall, and Ellis Counties.
This familiarity allows us to:
- Identify the prosecutors assigned to your case and their negotiation patterns
- Anticipate how specific judges in County Criminal Courts 1-7 rule on suppression motions
- Navigate local procedures efficiently, including filing requirements specific to Dallas County
- Know which judges are former prosecutors versus former defense attorneys
- Understand the unwritten practices and local rules that vary by courtroom
We appear regularly before Dallas County judges and prosecutors. This working relationship gives us credibility and insight that out-of-town attorneys lack.
Negotiation Strength
Our reputation in Dallas County gives us credibility with prosecutors. We have successfully negotiated dismissals, reductions, and favorable plea agreements in hundreds of weapons and DWI cases.
Motion Practice and Suppression Issues
Many firearm while intoxicated cases are won through pretrial motions. We file motions to suppress evidence obtained through illegal stops, searches, and arrests. When the court grants a suppression motion, the State often cannot proceed.
Coordination with Related DWI or Assault Allegations
When you face multiple charges, your defense strategy must address all allegations simultaneously. We coordinate your defense to avoid contradictory positions and maximize your chances of success across all charges.
Protecting Future Gun Rights and Your Record
We counsel you on the long-term consequences of every decision. Our goal is not just to resolve the immediate charge but to protect your ability to own and carry firearms in the future.
🛡️ Real Results: Cases We’ve Defended
We have successfully defended hundreds of weapons and DWI cases in Dallas County and throughout North Texas. Here are actual case results from our criminal defense practice:
Unlawful Carrying of Weapon, Dismissed (Dallas County, M13-65512)
Unlawful Carrying of Weapon, Dismissed (Dallas County, M14-36004)
DWI, Case Dismissed (Dallas County, M0665939)
DWI, Not Guilty (Tarrant County, 1251605)
Assault – Bodily Injury, Reduced to Disorderly Conduct (Tarrant County, 1361743)
These results demonstrate our commitment to challenging every element of the State’s case and protecting our clients’ rights and freedom.
Related Charges We Defend
We represent clients charged with a wide range of weapons and criminal offenses throughout the Dallas-Fort Worth metroplex:
Dallas County: Frank Crowley Courts Building, 133 N. Riverfront Blvd.
Tarrant County: Tim Curry Criminal Justice Center, 401 W. Belknap St., Fort Worth
Collin County: Collin County Courthouse, 2100 Bloomdale Rd., McKinney
Denton County: Denton County Courts Building, 1450 E. McKinney St., Denton
We defend clients charged with:
- Dallas criminal defense lawyer services for all criminal charges
- Assault with a deadly weapon charges
- Deadly conduct allegations
- Unlawful carrying of weapon charges
- Prohibited weapon possession
- Felon in possession of a firearm
If you face multiple charges or related allegations, we provide coordinated representation to protect your interests across all cases.
Contact a Dallas Firearm While Intoxicated Lawyer Today
An arrest for carrying a firearm while intoxicated does not have to end in a conviction. We challenge the stop, the search, the intoxication evidence, and the State’s application of the law. Our defense strategies have resulted in dismissals, reductions, and not guilty verdicts for clients throughout Dallas County.
Your freedom, gun rights, and future are at stake. Call now to speak with a Dallas criminal defense lawyer who will fight for you.
Our Office Location
Law Offices of Richard C. McConathy
Irving, Texas (serving Dallas County and surrounding areas)
We are conveniently located near:
- DFW International Airport
- Dallas Love Field Airport
- Major highways: I-635, Highway 183, I-35E
- Minutes from downtown Dallas, Irving, Carrollton, and Richardson
Free parking available. Our office is accessible and easy to find for clients throughout the Dallas-Fort Worth metroplex.
We offer confidential consultations where we review your case, explain your options, and answer your questions. Don’t wait—contact us today.
Frequently Asked Questions
Is carrying a firearm while intoxicated a misdemeanor in Texas?
Carrying a firearm while intoxicated is typically a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000. The charge can be elevated to a third-degree felony under certain circumstances.
Can I be charged if the gun was in my vehicle?
No, not if the vehicle belongs to you or is under your control. Texas Penal Code Section 46.02(a-6) creates a specific exception for handguns inside or directly en route to a motor vehicle or watercraft that you own or control. However, police often ignore this exception and make arrests anyway.
What if I was arrested for DWI and had a handgun in the car?
If the handgun was in your vehicle and the vehicle belongs to you, the weapons charge should not apply due to the statutory exception. We challenge both charges by attacking the legality of the stop and search, the reliability of the intoxication evidence, and the prosecutor’s misapplication of the law.
Will this affect my right to own or carry a firearm?
Yes. A conviction results in temporary or permanent loss of firearm rights. You become ineligible for a License to Carry for five years after conviction, and deferred adjudication is treated the same as a conviction for LTC purposes. A felony conviction results in a lifetime federal ban on firearm possession.
Can police search my vehicle after a DWI stop in Dallas?
Police can only search your vehicle if they have a warrant, probable cause, your valid consent, or authority to search incident to a lawful arrest. If the officer searched without meeting one of these requirements, the search was illegal. We file motions to suppress evidence from illegal searches.