Johnson County DWI Lawyer | 1,000+ Cases Dismissed

Criminal Charges We Defend in Johnson County

No arrest is minor when your freedom and permanent record are at stake. A conviction—even for what seems like a simple misdemeanor—can follow you for years, affecting job applications, professional licenses, housing opportunities, firearm rights, and educational prospects.

Johnson County prosecutors handle thousands of criminal cases each year, and without experienced legal representation, you risk accepting plea deals that may not serve your best interests.

We defend clients against the full spectrum of criminal charges in Johnson County:

DWI / DUI Defense

Driving While Intoxicated charges carry immediate administrative and criminal consequences. In Texas, adult drivers face DWI charges at 0.08% blood alcohol concentration (BAC), while commercial drivers can be arrested at 0.04% BAC. Drivers under 21 are subject to zero tolerance laws—any detectable amount of alcohol can result in charges.

After a DWI arrest, you receive notice triggering a 15-day deadline to request an ALR hearing with the Texas Department of Public Safety. Missing this deadline typically results in automatic license suspension, regardless of your criminal case outcome.

Drug Charges

Drug possession, trafficking, and distribution charges range from Class B misdemeanors to first-degree felonies depending on the substance type, quantity, and alleged intent. Texas classifies controlled substances into penalty groups, with harsh mandatory minimums for certain amounts. Johnson County law enforcement conducts regular traffic stops along I-35W and Highway 67, often leading to vehicle searches and drug arrests.

We handle:

• Possession of marijuana (misdemeanor or felony based on amount)
• Possession of controlled substances (cocaine, methamphetamine, prescription drugs)
• Drug paraphernalia charges
• Manufacturing or delivery charges
• Drug trafficking allegations
• Prescription fraud

Assault and Violent Crimes

Assault charges in Texas carry significant penalties and long-term consequences. Simple assault can be a Class A misdemeanor, while aggravated assault involving serious bodily injury or a deadly weapon becomes a felony with potential prison time.

Defense representation for:

• Simple assault (bodily injury to another)
• Aggravated assault (serious bodily injury or use of deadly weapon)
• Assault family violence (enhanced penalties, protective orders)
• Assault causing bodily injury
• Terroristic threats
• Deadly conduct

Domestic Violence Charges

Domestic violence and family violence assault charges carry unique consequences beyond criminal penalties. Texas law allows lifetime firearm prohibitions for domestic violence convictions, and protective orders can restrict where you live and work. Johnson County courts take these allegations seriously, often issuing emergency protective orders immediately upon arrest.

We defend charges including:

• Assault family violence (bodily injury to family member, household member, or dating partner)
• Continuous violence against family (felony, multiple incidents within 12 months)
• Violation of protective orders
• Interference with emergency calls

Theft and Property Crimes

Theft charges in Texas are classified by the value of property allegedly taken. What starts as a Class C misdemeanor for theft under $100 can escalate to a first-degree felony for theft exceeding $300,000. Professional consequences are particularly severe—many licenses and certifications prohibit those with theft convictions.

Defense for:

• Shoplifting and retail theft
• Theft of services
• Theft by check
• Credit card abuse
• Burglary (entering a building with intent to commit theft or felony)
• Criminal mischief (property damage)
• Unauthorized use of vehicle

Felony Charges

Felony convictions in Texas carry state jail or prison sentences, substantial fines, and permanent consequences including loss of voting rights, firearm prohibitions, and professional licensing barriers. Texas felonies range from state jail felonies (180 days to 2 years) to first-degree felonies (5-99 years or life).

We defend against:

• Drug distribution and trafficking
• Aggravated robbery
• Weapons offenses
• Unlawful carrying of weapon (felony in certain circumstances)
• Evading arrest with vehicle
• Forgery and fraud offenses

Misdemeanor Charges

Misdemeanors may seem less serious than felonies, but convictions still create permanent criminal records that appear on background checks. Class A misdemeanors carry up to one year in jail and $4,000 fines, while Class B misdemeanors can result in 180 days jail and $2,000 fines.

Defense representation for:

• Criminal trespass
• Disorderly conduct
• Public intoxication
• Reckless driving
• Failure to identify
• Resisting arrest
• Possession of drug paraphernalia

Juvenile Charges

Juvenile cases in Texas are handled through a separate court system focused on rehabilitation, but serious offenses can result in certification to adult court. Early intervention is critical to protect your child’s future educational and employment opportunities.

We represent juveniles facing:

• Underage DUI (any detectable alcohol)
• Drug possession
• Theft and shoplifting
• Assault
• School-related offenses

Probation Violations

If you’re already on probation for a prior offense, new arrests or technical violations can result in probation revocation and imposition of the original sentence. Probation violation hearings have different rules than criminal trials—the burden of proof is lower, and you may not have all the same constitutional protections.

Expunction and Non-Disclosure Orders

Not every case ends in conviction, and Texas law allows certain criminal records to be sealed or destroyed. Expunctions completely erase arrest records when charges are dismissed, you’re acquitted, or you receive a pardon. Orders of non-disclosure seal records from public view but don’t destroy them entirely.

Eligibility requirements are complex and time-sensitive. We help clients navigate expunction and non-disclosure petitions to protect their records and futures.

Johnson County DWI Defense Starts Immediately

Texas gives you just 15 days from the date of your DWI notice to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety.

This hearing is separate from your criminal case—it determines whether DPS will suspend your driver’s license based solely on administrative grounds. Missing this deadline typically results in automatic suspension ranging from 90 days to two years, depending on your record and whether you refused testing.

Why the ALR Hearing Matters

The ALR hearing protects your ability to drive to work, school, medical appointments, and family obligations. For many Johnson County residents who commute between Cleburne, Burleson, Fort Worth, and Dallas for employment, license suspension means immediate income loss. Even if you later win your criminal DWI case, you cannot undo an ALR suspension that occurred because you missed the 15-day request deadline.

According to the Texas Department of Public Safety, eligible drivers must request the hearing within 15 days of receiving notice—typically the day of arrest for breath or blood test cases, or the date the officer serves you with notice of suspension for test refusals.

Requesting the ALR Hearing

Our attorneys file the ALR hearing request immediately upon retention, preserving your temporary driving privileges while the hearing is pending.

During this process, we:

Obtain the stay of suspension:
Filing the hearing request within 15 days triggers an automatic stay, allowing you to keep driving until the hearing date and decision.

Request discovery:
We demand copies of the officer’s reports, video evidence, breath or blood test records, and maintenance logs for testing equipment.

Prepare your defense:
ALR hearings focus on narrow legal questions—whether the officer had reasonable suspicion to stop you, probable cause to arrest you, and whether you refused testing or had a BAC of 0.08 or higher.

Protecting Your Driver’s License

Even if DPS ultimately suspends your license after the ALR hearing, we can often help you obtain an occupational driver’s license that allows driving for essential purposes like work, school, and medical care. But prevention is far better than mitigation—winning the ALR hearing means no suspension at all.

Reviewing Stop, Arrest, and Testing Procedure

Every DWI case begins with a traffic stop, and police must have reasonable suspicion that you violated a traffic law or were driving while intoxicated. Common reasons for stops include:

• Weaving between lanes or crossing lane markers
• Speeding or driving too slowly
• Failing to signal turns or lane changes
• Equipment violations (broken tail light, expired registration)
• Erratic behavior or near-collisions

If the officer lacked reasonable suspicion, the entire stop may be unconstitutional, and all evidence gathered afterward could be suppressed.

After the stop, the officer must develop probable cause to arrest you for DWI. This typically comes from observations like alcohol odor, bloodshot eyes, slurred speech, unsteady balance, admission of drinking, and performance on field sobriety tests. We scrutinize:

• Whether the officer properly administered standardized field sobriety tests
• How the officer interpreted your performance
• Whether medical conditions, injuries, or environmental factors affected results
• What the officer recorded in reports versus what video evidence shows

Challenging Breath or Blood Evidence

Breath and blood tests are not infallible. Texas uses specific breath testing devices that require regular calibration, maintenance, and certified operator training. We investigate:

Breath test challenges:

• Was the device properly calibrated and maintained according to Texas Department of Public Safety standards?
• Did the officer observe you for the required 15-minute waiting period before testing?
• Could mouth alcohol, GERD, or medical conditions have affected results?
• Were quality control procedures followed?

Blood test challenges:

• Was your blood drawn by a qualified medical professional?
• Was the chain of custody properly maintained?
• How long was the delay between your arrest and blood draw?
• Were proper preservation and storage procedures followed?
• Was the lab accredited and did technicians follow testing protocols?

Case Result: Client faced DWI charges with a breath test result of .13 in Dallas County (M0551894). We challenged the breath test maintenance records and demonstrated the device had not been properly calibrated. The case was dismissed.

You can review more examples of successful outcomes on our DWI Case results page, which highlights how technical challenges to breath and blood testing procedures have helped clients avoid convictions.

Building a Defense Before Prosecutors Lock In Their Theory

The state’s entire DWI case is built on the officer’s observations, your statements, field sobriety test performance, and chemical test results. Early retention of an attorney allows us to:

• Preserve video evidence before it’s overwritten
• Interview witnesses while memories are fresh
• Photograph the arrest location to identify visibility issues, road conditions, or lighting problems
• Obtain your medical records documenting conditions that mimic intoxication
• Document your clean driving record and responsible character

Prosecutors are less likely to offer favorable plea agreements or dismissals after they’ve invested substantial time building their case. Immediate action gives us maximum leverage to negotiate from strength or prepare for trial victory.

What To Do After an Arrest in Johnson County

Your actions immediately after arrest can significantly impact your case outcome. Follow these steps:

1. Stay calm and do not resist: Physical resistance to arrest creates additional charges like Resisting Arrest or Evading Arrest. Remain polite but exercise your rights.

2. Do not explain or argue your case to police: You have the constitutional right to remain silent. Police are trained to elicit incriminating statements. Common questions like “where are you coming from?” or “how much have you had to drink?” are designed to build the case against you. Politely decline to answer questions beyond providing your license, registration, and insurance.

3. Ask for a lawyer: Texas law guarantees your right to counsel. Clearly state: “I want to speak with my attorney.” Officers must stop questioning you, though they may continue the arrest and booking process.

4. Preserve details, witnesses, and paperwork: Write down everything you remember while it’s fresh—where you were, who you were with, what you consumed, the traffic stop location, officer statements, and field sobriety test instructions. Collect contact information for witnesses who can verify your condition or contradict the officer’s observations. Save all paperwork including your citation, bond conditions, and DPS notices.

5. Contact a defense attorney immediately: The 15-day ALR deadline starts running from your arrest date. The sooner we begin working on your case, the more options we have to build a strong defense.

Why Hire Our Johnson County Criminal Defense & DWI Attorneys?

Focused Criminal and DWI Defense

Unlike general practice firms that handle everything from real estate to personal injury, our practice concentrates exclusively on criminal defense and DWI matters. This focused approach means we stay current on the latest suppression case law, know the most effective trial strategies, and have established relationships with prosecutors and judges throughout North Texas courts.

Decades of Experience and Deep Trial Background

Our firm has served North Texas since 2002, representing clients in thousands of criminal and DWI cases. Attorney Richard C. McConathy brings over 35 years of legal experience, with a background that includes:

• J.D. from Texas Wesleyan University School of Law in Fort Worth
• B.S. in Criminal Justice from the University of North Texas
• Admitted to practice in Texas state courts and the U.S. District Court for the Northern District of Texas

Professional memberships include:

• Texas Criminal Defense Lawyers Association (TCDLA)
• National College for DUI Defense (NCDD)
• DUI Defense Lawyers Association (DUIDLA)
• Dallas Criminal Defense Lawyers Association
• Irving Bar Association

This experience translates to courtroom confidence and proven trial skills. We’ve secured over 1,000 case dismissals across the Dallas-Fort Worth area, with Not Guilty verdicts in cases where clients faced overwhelming evidence—including multiple cases where clients had failed field sobriety tests, refused breath tests, or had high BAC results.

Customized Defense Strategy for Every Case

No two cases are identical, and cookie-cutter defense strategies fail clients. We analyze every detail of your arrest:

• Traffic stop legality: Did the officer have reasonable suspicion?
• Probable cause: What specific facts justified your arrest?
• Miranda rights: Were you properly advised before questioning?
• Testing procedures: Were field sobriety tests administered correctly per NHTSA standards?
• Chemical test accuracy: Are there challenges to breath or blood results?
• Medical conditions: Could diabetes, neurological conditions, injuries, or medications explain observations?
• Rising blood alcohol: Was your BAC still rising at the time of driving?

We also consider alternative resolution strategies when appropriate:

• Pre-trial diversion programs (limited eligibility)
• Deferred adjudication (case dismissed after successful probation completion)
• Reduction to lesser charges like Obstruction of a Highway or Reckless Driving
• Straight dismissal based on insufficient evidence

Proven Case Results

Our track record speaks for itself. Since December 2002, we’ve successfully defended DWI cases resulting in:

• Not Guilty verdicts even with breath tests showing .11, .13, .16, .17, .189, and higher
• Dismissals in cases with breath results ranging from .065 to .224
• Reductions from DWI to non-alcohol offenses
• Deferred probation on felony DWI with child passenger charges

Sample results include:

Criminal case results demonstrate similar success across all offense types:

Individual case results depend on specific facts and circumstances. Past results do not guarantee future outcomes.

Representation Across North Texas Counties

While we focus on Johnson County clients in this practice area, our firm represents defendants throughout the Dallas-Fort Worth metroplex and North Texas, including:

16 counties served: Dallas, Tarrant, Denton, Collin, Rockwall, Ellis, Kaufman, Johnson, Parker, Wise, Hunt, Hood, Grayson, Cooke, Palo Pinto, and surrounding areas

This regional presence means we understand how different district attorneys’ offices approach cases, which judges favor which arguments, and what local juries respond to during trial.

Types of DWI Cases We Handle in Johnson County

Texas DWI law encompasses far more than the typical “first-time DWI after a traffic stop” scenario. The specific type of DWI charge you face determines potential penalties, administrative consequences, and available defense strategies.

First-Time DWI

Classification: Class B misdemeanor
Penalties: Up to 180 days in county jail, up to $2,000 fine, license suspension up to 1 year
Minimum jail: Texas law requires a minimum 72-hour jail sentence for first-time DWI upon conviction, though judges can probate this sentence

A first-time DWI conviction creates a permanent criminal record unless you qualify for deferred adjudication (available in some counties) or non-disclosure orders after completing probation.

ALR suspension: 90 days for breath/blood test failure, 180 days for test refusal

Many first-time offenders don’t realize that field sobriety tests are voluntary in Texas. You have the right to decline these tests, and refusal cannot be used as evidence of guilt in your criminal case (though the officer may note your refusal in the report).

Second DWI

Classification: Class A misdemeanor
Penalties: Up to 1 year in county jail, up to $4,000 fine, license suspension up to 2 years
Minimum jail: 30 days minimum upon conviction

Second DWI charges trigger enhanced penalties and stricter prosecution. Many district attorneys’ offices have policies against offering reduced charges on second DWI cases.

ALR suspension: 1 year for breath/blood test failure, 2 years for test refusal

Case Result: Client faced DWI 2nd in Collin County (001-87157-2016) after being stopped for failing to maintain a single lane. Despite a prior conviction, we negotiated with prosecutors and secured a reduction to DWI 1st, significantly reducing potential jail exposure.

Third or Subsequent DWI

Classification: Third-degree felony
Penalties: 2-10 years in state prison, up to $10,000 fine, license suspension up to 2 years

Texas treats third DWI as a felony regardless of the time between offenses. A third conviction carries mandatory prison time and creates collateral consequences including:

• Loss of voting rights while incarcerated
• Firearm prohibitions under federal law
• Professional licensing barriers
• Immigration consequences for non-citizens

Case Result: Client charged with DWI 3rd (felony) after running into a guardrail at DFW Airport (Dallas County). Client had poor balance and slurred speech, failed field sobriety tests, and refused breath testing. Prior to trial, we negotiated a felony charge dismissal.

DWI With BAC Over 0.15

Classification: Class A misdemeanor (enhanced from Class B)
Penalties: Up to 1 year in county jail, up to $4,000 fine

When breath or blood tests show BAC of 0.15 or higher—nearly twice the legal limit—Texas law enhances first-offense DWI from Class B to Class A misdemeanor. This increases potential jail time from 180 days to one full year and doubles the maximum fine from $2,000 to $4,000.

High BAC cases also face stricter probation conditions, often including mandatory ignition interlock devices, longer supervision periods, and alcohol monitoring.

DWI With a Child Passenger

Classification: State jail felony
Penalties: 180 days to 2 years in state jail, up to $10,000 fine

Texas law makes DWI with a passenger under 15 years old a felony regardless of whether it’s your first offense. This applies even if the child is your own.

According to Texas Penal Code § 49.045, the presence of a child under 15 creates automatic felony enhancement. Prosecutors aggressively pursue these cases due to child endangerment concerns.

Case Result: Multiple clients charged with felony DWI with child passenger received deferred probation rather than convictions—preserving their ability to work in education, healthcare, and other licensed professions that prohibit felons.

Commercial Driver / CDL DWI

BAC threshold: 0.04% (half the standard limit)
Consequences: 1-year CDL disqualification for first offense, lifetime disqualification for second offense

Commercial drivers face unique jeopardy. Under Texas Transportation Code § 522.081, a CDL holder arrested with BAC of 0.04 or higher faces automatic disqualification—even if driving their personal vehicle at the time of arrest.

Loss of CDL means loss of livelihood for truck drivers, bus operators, and other professional drivers. We fight aggressively to challenge the stop, arrest, and testing in CDL cases because conviction means career destruction.

Drug-Related DWI

Texas DWI law applies to impairment by any substance—not just alcohol. You can be arrested for DWI if intoxicated by:

• Prescription medications (even legally prescribed)
• Over-the-counter drugs like antihistamines or sleep aids
• Illegal controlled substances
• Combination of alcohol and drugs

Drug-related DWI cases often involve blood testing, drug recognition expert (DRE) evaluations, and complex toxicology analysis. Many prescription medications like benzodiazepines, opioids, and muscle relaxants carry warnings against operating vehicles—but mere presence in your system does not prove impairment.

Felony DWI

Beyond third offenses and DWI with child passenger, other circumstances create felony DWI charges:

• DWI while on community supervision for another DWI (felony enhancement)
• Previous felony DWI conviction on your record

Intoxication Assault

Classification: Third-degree felony
Penalties: 2-10 years in state prison, up to $10,000 fine

Texas Penal Code § 49.07 makes it a felony to cause serious bodily injury to another person while operating a vehicle while intoxicated. “Serious bodily injury” means injury that creates substantial risk of death or causes serious permanent disfigurement or protracted loss of bodily function.

Case Result: Client faced Intoxication Assault charges with breath test result of .17 in Dallas County (F09-52586, F09-71478, F10-00757). Through challenging the accident reconstruction and medical causation evidence, we secured dismissals in all three related cases.

Intoxication Manslaughter

Classification: Second-degree felony
Penalties: 2-20 years in state prison, up to $10,000 fine

Texas Penal Code § 49.08 criminalizes causing another person’s death by accident or mistake while operating a vehicle while intoxicated. These cases involve complex accident reconstruction, medical examiner testimony, and toxicology disputes.

Intoxication manslaughter prosecution combines criminal defense with deep factual investigation into accident causation—did intoxication actually cause the death, or did other factors like the victim’s actions, weather, road conditions, or vehicle defects contribute?

Understanding Texas DWI Penalties

Beyond jail time and fines, DWI convictions create permanent records that follow you for decades:

Employment: Most employers conduct background checks. DWI convictions can disqualify you from jobs requiring driving, positions of trust, and licensed professions including teaching, healthcare, commercial driving, financial services, and government employment.

Professional licensing: Texas licensing boards for doctors, lawyers, nurses, therapists, real estate agents, and other professionals require disclosure of criminal convictions and can deny applications, revoke licenses, or impose probationary conditions.

Insurance: DWI convictions require SR-22 insurance filings. Insurance companies typically triple or quadruple premiums for DWI offenders, with elevated rates persisting for 3-5 years.

Immigration: Non-citizens face severe consequences including prevention of green card approval, bars to naturalization, and potential removal proceedings.

Education: College students face disciplinary proceedings, potential expulsion, and loss of financial aid. Federal student loans can be denied based on drug-related convictions.

Background checks: DWI convictions appear on FBI background checks used for firearm purchases, security clearances, professional licenses, volunteer positions, and housing applications.

Local Knowledge Matters in Johnson County

Johnson County sits at the southern edge of the Dallas-Fort Worth metroplex, with over 180,000 residents across communities including Cleburne (county seat), Burleson, Joshua, Alvarado, Keene, Godley, Grandview, Rio Vista, and Venus. The county’s location along Interstate 35W and Highway 67 makes it a critical corridor for commuters traveling between Fort Worth, Arlington, and points south.

Familiarity With Johnson County Courts and Prosecutors

Our firm has defended clients in Johnson County courts for over 20 years. This experience provides insight into:

Local prosecution priorities: Johnson County prosecutors maintain policies on when to offer reduced charges, which cases qualify for pre-trial diversion, and how they approach DWI cases with specific BAC levels or refusals.

Judicial tendencies: Knowing which judges are more receptive to suppression motions, how different courts handle bond conditions, and what factors influence sentencing recommendations helps us tailor strategies to your specific court assignment.

Court procedures: Johnson County courts have specific local rules regarding discovery deadlines, motion practice, and trial settings. Our familiarity ensures we meet all deadlines and preserve your rights.

Service to Johnson County Communities

We represent clients throughout Johnson County including:

Cleburne: The county seat and largest city, home to the Johnson County Courthouse where criminal cases are prosecuted.

Burleson: A rapidly growing city spanning Johnson and Tarrant counties, with significant population and high traffic enforcement along I-35W and Highway 174.

Joshua: A growing community along Highway 67 south of Fort Worth, with increased DWI enforcement on the main corridor.

Alvarado: A smaller community that has seen growth from Fort Worth expansion, with regular traffic enforcement on Farm to Market roads.

Keene, Godley, Grandview: Rural communities where DWI arrests often occur on county roads and Farm to Market highways during late-night and early-morning hours.

Rio Vista and Venus: Smaller towns where DWI enforcement frequently involves single-officer stops on less-traveled roads, making video evidence and stop justification particularly important.

DFW Commuter Urgency

Many Johnson County residents commute daily to Fort Worth, Arlington, Dallas, or other DFW cities for work. License suspension devastates these commuters, often forcing job loss or creating impossible transportation challenges.

The 15-day ALR deadline is particularly critical for Johnson County clients. We understand that preserving your ability to drive isn’t just a convenience—it’s how you support your family. Early retention allows us to file the ALR hearing request, obtain the stay of suspension, and fight to keep you on the road.

Contact a Johnson County Criminal Defense & DWI Attorney Today

Every day you wait is a day the prosecution uses to build their case against you. In DWI matters, the 15-day ALR deadline doesn’t pause while you consider your options—it runs from the date of your arrest regardless of whether you’ve hired an attorney. In criminal cases, early retention allows us to preserve evidence, interview witnesses, and begin negotiations before prosecutors invest substantial resources into conviction.

The Law Offices of Richard C. McConathy offers free consultations for all criminal and DWI charges. During your consultation, we will:

• Review the facts of your arrest
• Explain the charges you face and potential penalties
• Discuss available defense strategies
• Answer your questions about the legal process
• Provide honest assessment of your case
• Explain our fee structure and payment options

Call (972) 528-0116 or contact us online to schedule your free consultation. Our office serves clients throughout Johnson County including Cleburne, Burleson, Joshua, Alvarado, Keene, Godley, Grandview, Rio Vista, and Venus.

Your freedom, your license, your record, and your future are at stake. Don’t face the prosecution alone. Let our experienced criminal defense and DWI attorneys fight for you.

“When you are protecting someone’s freedoms and civil rights you’re taking one of the most precious things and putting a shield of protection over it. You’re protecting this person from the onslaught of the awesome power of the government.” — Richard C. McConathy

Additional practice area pages:

• Fort Worth criminal defense lawyer
• Arlington criminal defense lawyer
• Fort Worth DWI lawyer

Frequently Asked Questions

What should I do after being arrested for DWI in Johnson County?

Remain calm and exercise your rights. Do not resist arrest, as this creates additional charges. Politely decline to answer questions beyond providing your license, registration, and insurance—Texas law protects your right to remain silent, and anything you say can be used against you.

Request to speak with an attorney immediately. After release, preserve all paperwork including your citation, bond conditions, and ALR notice. Contact a DWI defense attorney within days of your arrest to meet the 15-day ALR hearing deadline and begin building your defense.

How long do I have to request an ALR hearing in Texas?

You have exactly 15 days from the date you receive notice of license suspension to request an Administrative License Revocation (ALR) hearing. For most DWI arrests, this means 15 days from your arrest date.

The deadline is strict and absolute—missing it typically results in automatic license suspension ranging from 90 days to 2 years depending on whether you took or refused breath/blood testing and your prior record. Filing the request triggers an automatic stay, allowing you to keep driving until the hearing and decision.

Can a DWI charge be reduced or dismissed in Texas?

Yes. Our firm has secured hundreds of DWI dismissals and reductions over two decades. Common outcomes include:

• Dismissal based on illegal stops, improper arrest procedures, testing violations, or insufficient evidence
• Reduction to Obstruction of a Highway, Reckless Driving, or other non-DWI offenses
• Deferred adjudication (in counties that offer it), resulting in dismissal after successful probation completion
• Not Guilty verdicts at trial even in cases with breath test results or field sobriety test failures

Each case depends on its specific facts, but experienced defense representation dramatically improves your chances of favorable outcomes.

What is the difference between DUI and DWI in Texas?

Texas law primarily uses the term “DWI” (Driving While Intoxicated) for most alcohol and drug-impaired driving offenses. “DUI” (Driving Under the Influence) is a separate, lesser offense that applies only to minors (under age 21) who operate vehicles with any detectable amount of alcohol in their system.

DUI is typically a Class C misdemeanor (like a traffic ticket) for first offense, while DWI is a Class B misdemeanor or higher. Adults are charged with DWI, not DUI, in Texas.

What happens if this is my second or third DWI?

Second DWI is a Class A misdemeanor with up to 1 year jail, up to $4,000 fine, and mandatory 30-day minimum jail sentence upon conviction. License suspension increases to 180 days to 2 years.

Third DWI is a third-degree felony carrying 2-10 years in state prison and up to $10,000 fine. This is true regardless of how long ago your prior DWIs occurred. Felony conviction creates permanent consequences including loss of voting rights, firearm prohibitions, and severe professional licensing barriers.

Repeat DWI cases require aggressive defense. We’ve successfully reduced second DWI charges to first offenses and secured dismissals even on third-offense felony cases through challenging stops, arrests, and testing procedures.

Do I need a lawyer for a misdemeanor in Johnson County?

Absolutely. Even “minor” misdemeanors create permanent criminal records that appear on background checks for employment, housing, professional licenses, and more. Class A misdemeanors carry up to 1 year jail and $4,000 fines. Class B misdemeanors include up to 180 days jail and $2,000 fines.

Without legal representation, you risk accepting plea agreements that may not serve your best interests, missing opportunities for dismissal or reduction, and suffering long-term consequences that far exceed the immediate penalties. Our free consultation allows you to understand your options before making decisions that affect your future.