Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
A Texas DWI conviction does not stay in a courtroom. It follows a commercial truck driver into a CDL (commercial driver’s license) renewal hearing, a nurse into a licensing board inquiry, and a parent into a custody modification filing.
Texas also starts a separate clock the moment you are arrested. Under Texas Transportation Code Section 724.032, you have 15 days from the date of arrest to request an ALR (Administrative License Revocation) hearing with the Texas Department of Public Safety (DPS) to contest your license suspension. Miss that deadline and your license is suspended automatically, regardless of how your criminal case resolves.
The Law Offices of Richard C. McConathy defends DWI charges across Dallas, Tarrant, Denton, Collin, and Parker counties, with over 35 years of direct courtroom experience and more than 1,000 dismissals on record. Call 972-233-5700 to speak directly with Richard McConathy about your case.
A Texas DWI conviction carries penalties that go well beyond the fine listed on the charge sheet. Under Texas Penal Code Section 49.04, a first-offense DWI is a Class B misdemeanor, but the downstream costs accumulate fast.
The legal penalties alone include fines up to $2,000, between 72 hours and 180 days in county jail, and a license suspension lasting 90 days to one year.
Three circumstances push a Texas DWI from misdemeanor to felony territory, each carrying state prison exposure rather than county jail time:
| Offense | Classification | Potential Prison Sentence |
| Third DWI offense | Third-degree felony | 2 to 10 years |
| Intoxication assault | Third-degree felony | 2 to 10 years |
| Intoxication manslaughter | Second-degree felony | 2 to 20 years |
Felony DWI charges in Texas are prosecuted with more resources, more investigation time, and stronger prosecutorial preparation than standard misdemeanor cases. An attorney who has handled felony DWI cases in Dallas County and Tarrant County courts has a working knowledge of how those specific prosecutors build and present these cases.
Texas DWI cases rest on a narrow set of evidence types, and each one has documented vulnerabilities that defense attorneys use to build suppression arguments and challenge the prosecution’s case. McConathy Law reviews every available piece of evidence before the first hearing.
Breathalyzer results in Texas are only as reliable as the machine, the officer’s training, and the collection procedure. The Intoxilyzer 9000, used across Texas law enforcement agencies, requires documented calibration logs, certified operator training, and a strict 15-minute observation period before testing. Any gap in that chain creates a challenge to the result.
Blood draws carry their own set of requirements. The following procedural failures each create grounds to suppress blood test results:
When blood evidence gets suppressed, prosecutors lose the foundation of most DWI cases. That outcome requires an attorney who reviewed the warrant, the draw records, and the lab documentation before filing the motion.
Every DWI case in Texas starts with a traffic stop, and every traffic stop requires reasonable suspicion under the Fourth Amendment. If the officer lacked a lawful basis to initiate the stop, all evidence collected afterward is subject to challenge. Breath tests, blood draws, field sobriety results, and statements are all subject to suppression.
Dashcam and body camera footage from Dallas County and Tarrant County law enforcement has become a primary tool in stop challenges. What the officer documented in the report and what the camera recorded are not always the same thing.
A Texas DWI case runs on two separate tracks after an arrest, and both require attention. The criminal case moves through the county court system. The license suspension case moves through the DPS. Missing a deadline on either track creates consequences that are difficult to reverse.
The ALR hearing is the administrative proceeding where you contest the automatic suspension of your Texas driver’s license. Requesting this hearing within 15 days of arrest does two things: it delays the suspension from taking effect, and it gives your attorney an early opportunity to cross-examine the arresting officer under oath, before the criminal case proceeds.
That deposition-style testimony creates a record. If the officer’s account at the ALR hearing conflicts with later testimony in the criminal case, that inconsistency becomes a tool for the defense.
After arrest, a Texas DWI case proceeds through these stages before resolution:
| Stage | What Happens |
| Arraignment | Formal charges are entered, and bond conditions are established |
| Pre-trial motions | The defense challenges the stop, evidence, and testing procedures |
| Negotiations | Prosecutors and defense counsel discuss possible resolutions |
| Trial or final resolution | The case ends through a plea agreement, dismissal, or jury verdict |
The majority of DWI cases resolve before trial. That resolution is shaped entirely by what your attorney uncovered during pre-trial review and how effectively those findings were used in negotiation.
Many DWI arrests in North Texas happen late at night or on weekends, especially after sporting events, concerts, and holidays. In Dallas County, Tarrant County, Denton County, and Collin County, a person arrested for DWI does not always appear before the same judge who will ultimately hear the criminal case.
Shortly after booking, an arrestee appears before a magistrate judge who advises them of the charge and sets bond conditions. Those conditions can include alcohol monitoring, ignition interlock requirements, random testing, travel restrictions, or orders prohibiting alcohol consumption while the case is pending.
Bond conditions matter because violating them creates new problems separate from the DWI charge itself. A bond violation can result in higher bond amounts, additional restrictions, or revocation of release.
The Law Offices of Richard C. McConathy handle the full range of DWI charges filed in Texas state and federal court, from first-offense misdemeanors to felony DWI cases involving serious injury or death.
The firm defends clients charged with the following DWI-related offenses:
Each charge type carries a different evidentiary profile and a different set of procedural vulnerabilities. The defense strategy for a first-offense DWI with a 0.09 BAC reading looks nothing like the strategy for an intoxication assault case. Richard McConathy builds the defense around the specific facts, court, and prosecutor.
A DWI conviction in Texas is permanent. Texas does not allow expunction of DWI convictions, and most DWI cases do not qualify for an order of nondisclosure, which seals a record from public view. The most effective way to prevent a DWI from appearing on your record is to avoid a conviction in the first place through dismissal, acquittal, or a reduction to a non-DWI offense through negotiation.
Yes, a first-offense DWI in Texas can be dismissed, though it depends entirely on the facts of the case. The most common grounds are an unlawful traffic stop, a defective blood warrant, an improperly administered breath test, or insufficient evidence to prove intoxication beyond a reasonable doubt. A case with clean field sobriety video, a properly calibrated breathalyzer, and a valid stop is harder to dismiss than a case built on a questionable stop and a borderline BAC reading.
In Texas, DWI applies to drivers 21 and older charged under Texas Penal Code Section 49.04. DUI under Texas Alcoholic Beverage Code Section 106.041 applies specifically to minors under 21, where any detectable amount of alcohol triggers the charge, not the standard 0.08% BAC threshold. The two charges carry different penalties and move through different courts.
Yes. Pleading guilty to a Texas DWI without an attorney means accepting the prosecution's version of the charge, the sentence the prosecutor proposes, and the permanent record that follows. An attorney who reviews the evidence first may find grounds for a dismissal or reduction you did not know existed. Even in cases with strong evidence, an attorney negotiates the conditions of any plea, including whether probation, interlock, or a DWI education program replaces jail time.
Texas DWI lawyer fees range from approximately $2,500 for a straightforward first-offense misdemeanor to $10,000 or more for felony DWI cases or those likely to go to trial. The fee reflects the complexity of the case, the county where charges were filed, and how far into litigation the defense goes. The Law Offices of Richard C. McConathy offers a free initial case evaluation with no obligation.
After a Texas DWI arrest, the DPS moves to suspend your license through the ALR process. You have 15 days from the date of arrest to request a hearing to contest that suspension. If you request the hearing, the suspension does not take effect until after the hearing concludes. If you do not request it, your license is suspended automatically, typically 40 days after the arrest.
Yes, in some cases a Texas DWI gets reduced to a lesser offense, such as obstruction of a highway or reckless driving, through negotiation with the prosecutor. This outcome depends on the evidence, the specific county's prosecutorial practices, and whether defense counsel identified weaknesses during pre-trial review. A reduction to a non-DWI offense may affect your eligibility for nondisclosure and avoid the permanent DWI label on your record.
A TAIP (Texas Alcohol Intervention Program) assessment is a court-ordered evaluation used to determine whether a defendant requires alcohol education, treatment, or monitoring conditions like ignition interlock as part of their DWI case. Courts in Dallas County and Tarrant County use TAIP results to set bond conditions, probation terms, and interlock requirements. What you say during the assessment can affect how your case is managed, which is why completing it with awareness of your pending case is worth discussing with your attorney first.
The pre-trial window is where DWI cases get won. Evidence gets reviewed, motions get filed, and prosecutors decide whether their case is worth taking to trial. The attorney you hire before that window closes determines what options you have when it does.
Richard McConathy has appeared in Dallas County Criminal Courts, Tarrant County Criminal District Courts, Denton County Courts at Law, and courts across 16 North Texas counties for over 35 years. He handles every case personally. There are no handoffs, no case managers, and no surprises about who shows up to your hearing.
Call 972-233-5700 now or submit a contact form to get your case in front of Richard McConathy before your next scheduled court appearance.
We offer DWI services in cities across Texas:
Whether you're facing a felony charge or fighting a traffic ticket, every case deserves serious attention. Get an experienced defense team in your corner now.
