If you’re facing DWI charges, you’re likely experiencing a mix of anxiety, uncertainty, and concern about your future.
At the Law Office of Richard C. McConathy, we want you to know that you’re not alone, and there are ways to address these charges effectively.
We bring over two decades of experience defending DWI cases throughout Texas.
We understand that good people can find themselves facing DWI charges, and we approach each case with both professional expertise and personal understanding. Our deep knowledge of local court systems, combined with our commitment to protecting your rights, allows us to provide effective, personalized defense strategies.
Don’t let uncertainty about your DWI charges prevent you from taking action. Contact our office today on +1-972-528-0116 for a confidential free consultation where we can discuss your situation and explore the best possible option for you. Early intervention often leads to better outcomes in DWI cases.
Don't Delay in Consulting Our Texas DWI Lawyers to Protect Your Rights
Time is off the essence when facing DWI charges in Texas. The moment you’re arrested, two separate legal clocks start ticking – one for the criminal charges you’ll face in court, and another for the administrative proceedings that could affect your driving privileges.
The criminal penalties for a DWI conviction in Texas can be severe. Even a first offense can result in jail time ranging from 72 hours to 180 days, along with fines reaching $2,000.
Beyond these immediate penalties, a DWI conviction can cast a long shadow over your future.
It can affect your employment opportunities, professional licenses, and insurance rates. That’s why early intervention by our experienced DWI defense attorney can make a meaningful difference in your case’s outcome.
At the Law Office of Richard C. McConathy, we understand how overwhelming this can feel, and we’re here to help you address both challenges.
What to Do After a DWI Arrest in Texas
The moments following a DWI arrest are significant for your case’s outcome. Taking the right steps can help protect your rights and strengthen your defense options.
- Stay composed during your interaction with law enforcement. Your conduct and statements during this time can impact your case.
- While being cooperative, remember that you have the right to remain silent. Politely decline to answer questions about where you’ve been, what you’ve had to drink, or any other details about your evening.
- Contact the Law Office of Richard C. McConathy immediately. Having experienced legal representation from the start allows us to protect your interests and begin building your defense. We can guide you through police questioning and ensure your rights are protected throughout the process.
- Pay attention to the details of your arrest while they’re fresh in your mind. The time and location of the traffic stop, any field sobriety tests performed, and your interactions with law enforcement can all be valuable information for your defense strategy.
The actions you take immediately after a DWI arrest can significantly influence the outcome of your case. Our legal team is ready to help you handle this challenging situation and work toward protecting your future.
How Our Texas DWI Attorneys Can Help
We provide comprehensive DWI defense representation that begins the moment you contact our firm. Texas DWI laws contain numerous technical requirements and procedural rules that can significantly impact your case.
From your initial consultation, we work to protect your rights and interests.
Our attorneys examine every aspect of your arrest, from the initial traffic stop through booking procedures.
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We verify that law enforcement followed proper protocols, maintained testing equipment correctly, and respected your constitutional rights throughout the process. When authorities make mistakes or overlook requirements, we use these issues to strengthen your defense.
Our thorough case assessment goes beyond basic police reports. We analyze blood alcohol testing procedures, review officer dash cam footage, and examine maintenance records for testing equipment.
This detailed approach often reveals inconsistencies or procedural errors that can affect the validity of evidence against you.
We also investigate whether field sobriety tests were administered properly and under appropriate conditions.
Our experience in courts allows us to anticipate prosecution strategies and respond effectively. Whether through motions to suppress evidence, challenging probable cause, or negotiating for reduced charges, we pursue the most favorable outcome possible for your case.
Why Choose Our Texas DWI Lawyer?
When facing DWI charges, the choice of legal representation can significantly influence your case’s outcome. The Law Office of Richard C. McConathy brings a distinct advantage through our deep roots in North Texas’s legal community and our focused approach to DWI defense.
Our firm’s extensive experience in local courts provides valuable insights that benefit your case.
We understand the tendencies of different judges, the approaches of various prosecutors, and the specific procedures preferred in each courthouse.
This local knowledge often proves invaluable when making strategic decisions about your defense.
While our Texas lawyers cover the entirety of The Lone Star State, we have a particular focus on the following counties across Texas for DWI cases:
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- Denton County
- Tarrant County
- Parker County
This regional focus allows us to maintain strong working relationships within each county’s legal system. We regularly appear in these courts, understand their unique characteristics, and know how to handle their specific requirements effectively.
Our commitment to achieving favorable outcomes goes beyond standard legal representation.
We invest time in understanding the unique aspects of your situation, from your personal circumstances to your specific goals. This allows us to align our defense strategy with what matters most to you, whether that’s maintaining your professional license, protecting your driving privileges, or preserving your clean record.
The difference in our approach lies in our attention to detail and our willingness to challenge conventional defense strategies.
Where some firms might take a one-size-fits-all approach, we carefully evaluate each case’s unique elements to identify opportunities others might miss. This thorough approach has helped numerous clients achieve outcomes that exceeded their expectations.
About Our DWI Lawyers in Texas
At the Law Office of Richard C. McConathy, we focus exclusively on criminal defense, dedicating over 20 years to protecting the rights of individuals facing DWI charges in North Texas. Our firm’s singular dedication to this area of law ensures we stay at the forefront of evolving legal strategies and developments, giving our clients a distinct advantage.
Our attorneys have earned recognition for their effective, client-centered approach, combining in-depth legal knowledge with a detailed understanding of local court systems. This allows us to craft tailored defense strategies that align with the unique circumstances of each case.
From challenging evidence to anticipating prosecution tactics, we are relentless in pursuing the best possible outcomes.
Choosing the right legal team can make all the difference in a DWI case. We’re proud to offer the experience, dedication, and personalized attention necessary to protect your rights and future.
Arrested for DWI in Texas? Take control of your future with our experienced criminal defense DWI lawyer. Our trusted criminal law firm is here to guide you through the legal process and fight for your rights. Contact us today at +1-972-528-0116 or visit our Contact Us page for a free consultation.
DWI Defense Strategies Used by Our Firm
We recognize that each DWI case presents unique circumstances that require careful analysis and strategic planning.
Blood alcohol concentration (BAC) results, while often viewed as definitive evidence, can be successfully challenged. We examine factors such as the timing of the test, the maintenance records of testing equipment, and the qualifications of testing personnel.
Even small discrepancies in these areas can affect the reliability of BAC evidence.
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The validity of the initial traffic stop often provides opportunities for defense. Law enforcement must have legitimate probable cause to initiate a stop.
We scrutinize police reports and video footage to verify that officers had proper legal grounds for the stop and conducted themselves according to protocol throughout the encounter.
Field sobriety tests present another area for potential defense. These tests can be affected by numerous factors unrelated to intoxication, including:
- Physical conditions or injuries
- Weather and lighting conditions
- The surface where tests were conducted
- Officer training and test administration
Our approach to each case begins with a detailed review of your specific circumstances. We consider factors such as your medical history, the location of the stop, and the specific observations noted by law enforcement.
This thorough evaluation allows us to identify the most effective defense strategies for your situation.
We also investigate whether proper procedures were followed in handling evidence when appropriate. Chain of custody issues, improper storage of blood samples, or delays in testing can all impact the admissibility of evidence against you.
Types of DWI Offenses Our Texas DWI Attorneys Handle
First-Time Offense
Even a first DWI can significantly impact your future. While classified as a Class B misdemeanor, these charges carry serious consequences including up to 180 days in jail. You may face fines reaching $3,000, and the possibility of losing your driving privileges for up to a year can affect both your personal and professional life.
Second Offense
The stakes increase substantially with a second DWI. Courts view repeat offenses with particular severity, often imposing jail sentences starting at 30 days and potentially extending to one year.
Beyond the $4,000 in potential fines, you’ll likely face mandatory installation of an ignition interlock device in your vehicle.
Third or Subsequent Offense
A third DWI crosses into felony territory, marking a serious escalation in consequences. The prison time alone—ranging from 2 to 10 years—reflects how severely Texas treats repeat offenses. With fines up to $10,000 and the lasting impact of a felony conviction, these cases demand aggressive defense strategies.
Aggravated and Felony DWI
Certain conditions can elevate a standard DWI to an aggravated or felony charge, resulting in significantly harsher penalties. Common aggravating factors include a high BAC level (e.g., 0.15% or higher), causing an accident, injury, or property damage, or engaging in reckless driving such as speeding excessively while under the influence.
Felony DWIs often involve repeated offenses, serious injuries, or fatalities and carry severe consequences, including lengthy prison sentences, substantial fines, and long-term or permanent loss of driving privileges.
DWI with a Minor Passenger
Texas takes an especially firm stance when children are involved in DWI incidents. The presence of a passenger under 15 elevates the charge to a state jail felony, reflecting the added element of child endangerment. Beyond time in state jail, these cases often trigger investigations by Child Protective Services and can impact custody arrangements.
Commercial Vehicle DWI
Professional drivers have the most to lose from a DWI charge. With the lower BAC threshold of 0.04% and the likelihood of career-ending license revocation, these cases require particularly careful handling. A single conviction can end years of professional driving experience and future employment opportunities in the transportation industry.
Boating While Intoxicated (BWI)
Many people don’t realize that operating a boat under the influence carries penalties similar to roadway DWIs. Texas lakes and waterways see frequent BWI enforcement, especially during summer months and holidays.
A BWI conviction can result in up to $2,000 in fines and six months in jail, while also affecting your driver’s license. The impact extends beyond recreational boating, as a conviction can affect commercial maritime licenses and employment opportunities.
Flying While Intoxicated
Operating aircraft while intoxicated represents one of the most serious impairment offenses in Texas. The Federal Aviation Administration imposes strict regulations, and violations can result in permanent revocation of pilot licenses.
Beyond federal consequences, Texas law treats flying while intoxicated as a serious offense that can result in state jail time and substantial fines. The professional impact on aviation careers is typically permanent.
Intoxication Assault
When impaired driving leads to serious bodily injury, the charge escalates to intoxication assault. These cases often involve complex medical evidence and long-term injury documentation.
Prosecutors aggressively pursue these third-degree felony cases, which can result in 2 to 10 years in prison. Beyond criminal penalties, these cases frequently involve civil lawsuits and insurance complications that require careful legal navigation.
Intoxication Manslaughter
The most serious of all impairment-related offenses, intoxication manslaughter cases demand experienced legal representation. These second-degree felony cases carry prison terms from 2 to 20 years and can include fines up to $10,000.
The emotional weight of these cases, combined with aggressive prosecution and media attention, requires a defense team that can handle both legal complexities and sensitive personal matters.
Our firm provides comprehensive support throughout these challenging cases.
Impaired Driving
Impairment isn’t limited to alcohol consumption. Texas law enforcement increasingly focuses on drivers under the influence of prescription medications, even when legally prescribed.
Many people are surprised to learn they can face DWI charges while taking their regular medications.
The prosecution needs only to prove that the substance impaired your normal physical or mental faculties, making these cases particularly complex to defend.
Drug Related DWI
Whether involving illegal substances or prescription medications, drug-related DWI cases present unique challenges.
Unlike alcohol-related cases, there’s no clear legal limit for drug impairment. These cases often rely heavily on officer observations and blood test results, which our firm frequently challenges.
We understand the science behind drug testing and metabolism, allowing us to build stronger defenses against these charges.
DWI with Property Damage
When a DWI incident results in property damage, you face both criminal charges and civil liability. Insurance companies typically become involved, adding another layer of complexity to your case.
Beyond standard DWI penalties, you may face restitution requirements and increased insurance rates. Our approach addresses both the criminal defense and potential civil consequences to protect your interests comprehensively.
Juvenile/Underage DWI
Texas takes a distinct approach to drivers under 21, enforcing a zero-tolerance policy for alcohol. Even trace amounts can result in charges, but the focus often centers on rehabilitation rather than punishment.
While penalties may include license suspension and alcohol education programs, we work to protect young drivers’ futures by seeking solutions that avoid permanent record implications.
Early intervention in these cases often leads to better outcomes.
Related DWI Offenses
DWI arrests often involve additional charges that can complicate your legal situation. These related offenses may seem minor compared to a DWI, but they can significantly impact the overall outcome of your case and carry their own distinct penalties.
At the Law Office of Richard C. McConathy, we understand how prosecutors use these additional charges as leverage, and we develop comprehensive defense strategies that address all aspects of your case.
Many of these related offenses can be charged independently or in conjunction with a DWI, potentially increasing penalties and complicating plea negotiations.
For instance, an open container violation might add additional fines to your DWI case, while a possession charge could trigger separate criminal proceedings.
Our defense approach considers how these charges interact and identifies opportunities to challenge each element effectively.
What is DWI? Understanding DWI Charges in Texas
In Texas, Driving While Intoxicated (DWI) occurs when a person operates a motor vehicle while impaired by alcohol, drugs, or both.
The law defines intoxication in two ways: having a Blood Alcohol Concentration (BAC) of 0.08% or higher, or losing normal use of mental or physical faculties due to substance use. For commercial drivers, the legal limit is stricter at 0.04%, reflecting the increased responsibility of operating large vehicles.
Texas maintains a zero-tolerance policy for drivers under 21, meaning any detectable amount of alcohol can result in charges.
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The consequences of a DWI conviction extend far beyond the immediate legal penalties. A first offense typically brings fines up to $3,000, potential jail time between 3 and 180 days, and license suspension for up to a year.
The court may also require the installation of an ignition interlock device and the completion of alcohol education programs.
These initial penalties, however, represent only the beginning of potential complications.
Repeat offenses trigger increasingly severe consequences.
A second DWI elevates the charge to a Class A misdemeanor, with fines reaching $4,000 and jail time extending up to one year. By the third offense, the charge becomes a felony, carrying prison sentences of 2 to 10 years and fines up to $10,000.
Each subsequent conviction makes future charges more serious, as Texas has no “lookback” period – prior DWIs remain relevant regardless of when they occurred.
The long-term impact of a DWI conviction affects multiple aspects of daily life. Many employers conduct background checks, and a DWI conviction can limit job opportunities, particularly in positions requiring driving or professional licenses.
Insurance companies typically increase rates significantly after a DWI conviction, often requiring expensive SR-22 coverage for several years.
Professional licenses, from commercial driving credentials to medical licenses, may face suspension or revocation.
Texas takes an especially firm stance on DWI enforcement, with mandatory jail time even for first offenses.
The state’s “no refusal” policies allow law enforcement to quickly obtain warrants for blood testing if a driver refuses a breath test. Additionally, separate administrative proceedings through the Department of Public Safety can result in license suspension regardless of the criminal case outcome.
At the Law Office of Richard C. McConathy, we recognize that a DWI arrest often represents a singular mistake rather than a pattern of behavior. Our approach focuses on protecting your rights while working to minimize the long-term impact on your life, career, and future opportunities.
Contact a DWI Attorney in Texas Today!
The Law Office of Richard C. McConathy understands the stress and uncertainty you’re experiencing, and we’re prepared to begin protecting your rights immediately.
Early intervention often leads to better outcomes, particularly regarding time-sensitive matters like administrative license hearings and evidence preservation.
The decisions you make in the days following a DWI arrest can significantly impact your case’s outcome.
Our experienced DWI defense lawyer is ready to evaluate your situation and explain your options clearly if you’ve been charged with a DWI. Call us now at +1-972-528-0116 for a confidential consultation or visit our contact us page for the best possible defense.
FAQs
How much does a DWI lawyer cost in Texas?
DWI defense costs vary based on case complexity, ranging from $2,500 to $15,000. Factors affecting cost include prior offenses, test results, and whether the case goes to trial. Contact us to discuss your specific situation and fee structure.
Do I need a lawyer for a DWI in Texas?
While you can represent yourself, Texas DWI laws are complex and consequences are severe. Professional legal representation significantly improves your chances of achieving a favorable outcome and protecting your rights throughout the process.
How do I get my DWI dismissed in Texas?
DWI dismissals typically result from challenging evidence validity, proving procedural errors, or demonstrating constitutional rights violations. Success depends on case specifics, including traffic stop legitimacy, testing procedures, and officer conduct.
Can a DWI be reduced in Texas?
Yes, DWI charges can sometimes be reduced to lesser offenses like obstruction of a highway. Success depends on factors including evidence strength, prosecution willingness, and your criminal history. Early legal intervention improves reduction possibilities.
How many DWI cases get dismissed in Texas?
Approximately 10-15% of DWI cases result in dismissal, though statistics vary by county and circumstance. Success rates improve with experienced legal representation and early intervention in the case.