DWI

Facing a DWI Charge in Dallas County?

Driving while intoxicated (DWI) is a serious offense in Texas, with strict penalties. If you have been arrested for DWI in Dallas, Richardson, Carrollton, Irving, or surrounding areas in Dallas County, here is some important information:

• Understanding DWI Penalties: Texas has some of the harshest DWI penalties in the country, including fines, driver’s license suspension, jail time, and installation of an ignition interlock device (IID). The specific consequences depend on the severity of the offense and any prior offenses.
• Protecting Your Rights: Consulting with an experienced DWI defense attorney is crucial after a DWI arrest. They can advise you on your legal options and fight to protect your rights throughout the process.

If you are facing DWI charges, consider contacting a qualified DWI defense lawyer in the Dallas/Fort Worth area. They can provide specific guidance based on the details of your case.

Why Choosing the Right DWI Lawyer Matters

Facing a DWI charge in Dallas County can be stressful and have serious consequences. Here is why having a qualified DWI defense attorney on your side can make a significant difference:

• Understanding the Complexities of DWI Law: Texas DWI laws can be intricate. An experienced lawyer will possess a deep understanding of these nuances and how they apply to your specific case.
• Building a Strong Defense Strategy: A skilled attorney will thoroughly investigate your arrest, analyze evidence, and develop a tailored defense strategy to fight the charges or negotiate a favorable outcome.
• Protecting Your Rights: Throughout the legal process, your lawyer will ensure your rights are safeguarded and that all procedures are followed correctly.
• Experience Matters: Seasoned DWI lawyers understand the court system and have the experience to navigate it effectively on your behalf.

While some attorneys might simply push for a plea deal, a qualified DWI lawyer will explore all possible options, including fighting the charges in court if warranted. The long-term consequences of a DWI conviction can be severe. 

Having a strong legal defense in place is crucial to protect your future. Consult with DWI defense attorneys in the Dallas County area at The Law Offices of Richard C. McConathy to find one who possesses the experience and qualifications to handle your case effectively.

Facing a DWI Charge in Texas? Choose Your Lawyer Wisely

A DWI arrest can be daunting. When selecting a lawyer in Dallas or Tarrant County, here are some key points to consider:

• Experience in DWI Cases: Look for an attorney with a proven track record of handling DWI defenses in Texas. Experience in your specific jurisdiction (Dallas or Tarrant County) can also be beneficial.
• Qualifications: Research the lawyer’s background, including their qualifications and bar admissions.
• Client Reviews: Reading client reviews can give you insights into other people’s experiences with the lawyer.
• Schedule Consultations: Consult with several attorneys before making your decision. This allows you to ask questions, discuss your case, and get a sense of their approach.

A qualified DWI defense lawyer can be a strong advocate for you throughout the legal process. Do not hesitate to invest time in finding the right legal representation.

Important Time Limit for Contesting a DWI License Suspension in Texas

Facing a DWI charge can have serious consequences, including the potential suspension of your driver’s license. Here is what you need to know in Texas:

• Act Quickly: You only have 15 days from the date of your arrest to request a hearing to contest the license suspension. Missing this deadline can significantly limit your options.
• Understanding the Process: The Texas Department of Public Safety (DPS) administers Administrative License Revocation (ALR) hearings to decide on license suspensions following a DWI arrest.
• The Benefit of Legal Counsel: An experienced DWI defense attorney can be invaluable in navigating the ALR hearing process. They can:
• Advise you on your rights and options.
• Gather evidence to support your case.
• Represent you effectively at the hearing.
• Do Not Wait to Take Action:

The 15-day timeframe is crucial. Contacting a qualified DWI defense lawyer as soon as possible after a DWI arrest increases your chances of a successful outcome in the ALR hearing and protects your driving privileges.

Finding the Right DWI Lawyer in Texas

Facing a DWI charge is a serious matter. When selecting a lawyer in Dallas or Tarrant County, consider these factors beyond just experience:

• Experience in DWI Cases: Look for an attorney with a proven track record of handling DWI defenses in Texas.
• Understanding Your Options: Discuss different approaches with potential lawyers. Some attorneys may prioritize plea bargains, while others might be more inclined to go to trial, depending on your case’s specifics.
• Trial Experience: While trial experience can be valuable, it is not the only factor. A lawyer skilled in negotiation might achieve a successful outcome without going to court.
• Communication Style: Choose a lawyer you feel comfortable talking to and who clearly explains your options.

A qualified DWI attorney will explore all possibilities, including plea bargains and trial, depending on the circumstances of your case. Consult with several attorneys before making your decision. 

This allows you to ask questions and get a sense of their approach and communication style.

DWI Cases We Handle

• Boating While Intoxicated (BWI)
• Flying While Intoxicated
• Commercial Vehicle DWI
• First DWI
• Second DWI
• Third or Subsequent DWI
• Intoxication Assault
• Intoxication Manslaughter
• Impaired Driving
• Drug Related DWI
• DWI with BAC Over 0.15
• DWI with Child Passenger
• DWI with Property Damage
• Felony DWI
• Juvenile/Underage DWI
• Related DWI Offenses

Recent Case Results

• DWI- Dismissed, Refiled as an Obstruction of a Highway/Passageway, CR-2017-00087-C
• DWI 2nd, Reduced to DWI 1st, Collin County, 001-87157-2016
• DWI 2nd, Reduced to DWI 1st, Collin County, 002-83254-2016
• DWI 2nd Dismissed, Refiled s an Obstruction of a Highway/Passageway, Dallas County, MA1313884
• DWI Dismissed, Collin County, 022-83661-2016
• DWI Dismissed, Dallas County,
• DWI 2nd Reduced to DWI, Dallas County, MA1136556
• DWI Dismissed (M1313318 Dallas County)
• DWI Blood Test Case + Prescription Meds, Dismissed (Cr200606211)
• DWI Blood Test Case, Result Of .14, Dismissed (Mb0451204 Ccc7)
• DWI Blood Test + Prescription Meds, Dismissed (Cr200606211)
• DWI Breath Test Case, Breath Result of .13, Dismissed (0985760 Ccc1)
• DWI Breath Test Case, Result Of .065, Dismissed (001-86671-08)
• DWI Breath Test Case, Result Of .065, Dismissed (001-86671-08, Ccc1 Collin County)
• DWI Breath Test Case, Result of .11, Not Guilty (Mb-0235098-G Ccc6)
• DWI Breath Test Case, Result Of .12, Dismissed (Cr-2005-03981-B)
• DWI Breath Test Case, Result Of .12, Reduced To Non DWI Case (01775 Mcculloch Co)
• DWI Breath Test Case, Result of .124, Dismissed (Mb04-29084-J)
• DWI Breath Test Case, Result of .13, Dismissed (M0551894)
• DWI Breath Test Case, Result Of .142, Dismissed (Mb-0262259-F)
• DWI Breath Test Case, Result Of .153, Dismissed (Mb0452434-F)
• DWI Breath Test Case, Result of .164, Not Guilty (Mb0253138-B)
• DWI Breath Test Case, Result of .17 Breath Test, Not Guilty (0712455)
• DWI Breath Test Case, Result of .17, Dismissed (M0562263)
• DWI Breath Test Case, Result of .17, Not Guilty (0712455)
• DWI Breath Test Case, Result of .189, Dismissed (Mb-0535058)
• DWI Breath Test Case, Result Of .199, Dismissed (Mb-0252719-N)
• DWI Breath Test Case, Result Of .205, Dismissed (Cr-9801023-B)
• DWI Breath Test Case, Result Of .224, Dismissed (Mb0453171)
• DWI Breath Test Case, Result Of 0.10, Dismissed (Mb0554112 Ccc8)
• DWI Breath Test Case, Result Of 0.11, Dismissed (Mb0666854 Ap2)
• DWI Breath Test Case, Result Of 0.118, Dismissed (Mb0353566 Ccc2)
• DWI Breath Test Case, Result Of 0.136, Not Guilty (Mb-0353991 Ccc1)
• DWI Breath Test Case, Result Of 0.16, Dismissed (Cr071740, Ccl)
• DWI Breath Test Case, Result Of 0.16, Dismissed (Mb-0232696-G)
• DWI Breath Test Case, Result Of 0.19, Dismissed (Mb-0252719)
• DWI Breath Test Case, Result Of 0.19, Dismissed (Mb-0305747)
• DWI Breath Test Case, Result of.20 Blood + Marijuana
• DWI Breath Test Refusal, Dismissed (002-82831-07, Ccl2)
• DWI Breath Test Refusal, Dismissed (08cl-0704, Kaufman Co.) Ccc1
• DWI Breath Test Refusal, Dismissed (0928996 Ccc1)
• DWI Breath Test Refusal, Dismissed (0931960 Ccc2)
• DWI Breath Test Refusal, Dismissed (0943657 Ccc1)
• DWI Breath Test Refusal, Dismissed (1158539)
• DWI Breath Test Refusal, Dismissed (2007-04911-E, Ccc5 Denton County)
• DWI Breath Test Refusal, Dismissed (2008-00798-B, Ccc2 Denton County)
• DWI Breath Test Refusal, Dismissed (58277 Wise County)
• DWI Breath Test Refusal, Dismissed (63909, Ccc1 Wise County)
• DWI Breath Test Refusal, Dismissed (836608 Ccc8)
• DWI Breath Test Refusal, Dismissed (Ccl07-0733, Ccl1)
• DWI Breath Test Refusal, Dismissed (Cr040245 Rockwall County)
• DWI Breath Test Refusal, Dismissed (Cr-1061608, Ccc4 Tarrant County)
• DWI Breath Test Refusal, Dismissed (Cr-1101294, Ccc3 Tarrant County)
• DWI Breath Test Refusal, Dismissed (Cr-1124925, Ccc10 Tarrant County)
• DWI Breath Test Refusal, Dismissed (Cr-2006-01865-D, Ccc4)
• DWI Breath Test Refusal, Dismissed (Cr-2008-00981-C, Ccc3 Denton County)
• DWI Breath Test Refusal, Dismissed (Ma0363736-E Ccc4)
• DWI Breath Test Refusal, Dismissed (Mb0258023-C Ccc3)
• DWI Breath Test Refusal, Dismissed (Mb-0262488-C Ccc3)
• DWI Breath Test Refusal, Dismissed (Mb-0321169 Ccc2)
• DWI Breath Test Refusal, Dismissed (Mb-03-50028-M Ap2)
• DWI Breath Test Refusal, Dismissed (Mb-0353670 Ccc7)
• DWI Breath Test Refusal, Dismissed (Mb0429084 Ccc8)
• DWI Breath Test Refusal, Dismissed (Mb0434738-C Ccc3)
• DWI Breath Test Refusal, Dismissed (Mb0463836a, Ccc1)
• DWI Breath Test Refusal, Dismissed (Mb0519068 Ccc7)
• DWI Breath Test Refusal, Dismissed (Mb05-28987 Ccc4)
• DWI Breath Test Refusal, Dismissed (Mb0536769 Ccc5)
• DWI Breath Test Refusal, Dismissed (Mb0619600-A Ccc1)
• DWI Breath Test Refusal, Dismissed (Mb0634402, Ccc5)
• DWI Breath Test Refusal, Dismissed (Mb0640121, Ap2)
• DWI Breath Test Refusal, Dismissed (Mb-0737679, Ccc8 Dallas County)
• DWI Breath Test Refusal, Dismissed (Mb0745623)
• DWI Breath Test Refusal, Dismissed (Mb-0750310, Ap2 Dallas County)
• DWI Breath Test Refusal, Dismissed (Mb0851183)
• DWI Breath Test Refusal, Dismissed (Mb-0851183, Ap2 Dallas County)
• DWI Breath Test Refusal, Dismissed (Mb0896906, Ccc1 Dallas County)
• DWI Breath Test Refusal, Dismissed(0623563)
• DWI Breath Test Refusal, Dismissed(07-Cl-2258-2)
• DWI Breath Test Refusal, Dismissed(2008-1-936, Ccc1 Grayson Co)
• DWI Breath Test Refusal, Not Guilty (005-84171-05, Ccl6)
• DWI Breath Test Refusal, Not Guilty (0068327406, Ccc6)
• DWI Breath Test Refusal, Not Guilty (0068387308 Ccc6 Collin County)
• DWI Breath Test Refusal, Not Guilty (Cr081326)
• DWI Breath Test Refusal, Not Guilty (Mb0198609 Ccc6)
• DWI Breath Test Refusal, Not Guilty (Mb0234397 Ccc6)
• DWI Breath Test Refusal, Not Guilty (Mb-0525380, Ccc4 Dallas County)
• DWI Breath Test Refusal, Not Guilty (Mb05-66855, Ccc4)
• DWI Breath Test Refusal, Not Guilty (Mb0737613)
• DWI Breath Test Refusal, Not Guilty (Mb-0747890 Ccca)
• DWI Breath Test Refusal, Not Guilty, (M0754130)
• DWI Breath Test, Dismissed (Cr-2008-03076)
• DWI, Breath Test, Dismissed (M12-55016)
• DWI, Open Container, Dismissed (M0526740)
• DWI, Open Container, Dismissed (Mb0534487)
• DWI, Open Container, Mb0534487, Dismissed
• DWI, Open Container, Not Guilty (Ccl77455 Runnels County)
• DWI, Open Container, Not Guilty (M0516473)
• DWI, Open Container, Not Guilty (M0520040)
• DWI, Open Container, Not Guilty (M0623305)
• DWI, Accident + Open Container, Not Guilty (M0524353)
• DWI With a Child, Deferred Probation Granted (F0419107 363rd)
• DWI With a Child, Deferred Probation Granted (F-0435851 291st)
• DWI With a Child, Deferred Probation Granted (F-0532216 291st)
• DWI With a Child, Deferred Probation Granted (F-2005-1724-A Ccc5)
• DWI With a Child, Dismissed (Cr15001)
• DWI With a Child, Reduction (1186379)
• DWI, Dismissed, Obstruction Refile (08cl-0704)
• DWI, Dismissed, Obstruction Refile (M0460867)
• DWI, Dismissed, Obstruction Refile (1054917)
• DWI, Dismissed, Obstruction Refile (1054917)
• DWI, Dismissed, Obstruction Refile (1079417)
• DWI, Dismissed, Obstruction Refile (1079417)
• DWI, Dismissed, Obstruction Refile (1098231)
• DWI, Dismissed, Obstruction Refile (1098231)
• DWI, Dismissed, Obstruction Refile (Cr200704857)
• DWI, Dismissed, Obstruction Refile (Cr200704857)
• DWI, Dismissed, Obstruction Refile (Cr200706130)
• DWI, Dismissed, Obstruction Refile (Cr200706130)
• DWI, Dismissed, Obstruction Refile (Cr-2010-02674-B)
• DWI, Dismissed, Obstruction Refile (M0347961)
• DWI, Dismissed, Obstruction Refile (M0360475)
• DWI, Dismissed, Obstruction Refile (M0362322)
• DWI, Dismissed, Obstruction Refile (M0419186)
• DWI, Dismissed, Obstruction Refile (M0557566)
• DWI, Dismissed, Obstruction Refile (M0559398)
• DWI, Dismissed, Obstruction Refile (M0622362)
• DWI, Dismissed, Obstruction Refile (Mb0642576)
• DWI, Dismissed, Refiled as Obstruction of Passageway, Dallas Co. M13-12711
• DWI, Dismissed, Refiled as Obstruction of Passageway, Tarrant Co. 1374874
• DWI Dismissed, Refiled as Obstruction of a Passageway (CR12-1721 Rockwall County)
• DWI Dismissed, Refiled as Obstruction of a Passageway (M1210158 Dallas County)
• DWI Dismissed, Refiled as Obstruction of a Passageway (M1137176 Dallas County)
• DWI, Dismissed, Refilled as Obstruction of Passageway (M12-30193 Dallas County)
• DWI, Dismissed, Refiled as Obstruction of Passageway (Mb0648031)
• DWI Dismissed, Refiled as Obstruction of a Passageway (1362369 Tarrant County)
• DWI, DWI Dismissed, Obstruction Refile (M0436959)
• DWI, DWI Dismissed, Obstruction Refile (M0584927)
• DWI, Obstruction Refile (1124925)
• DWI, Obstruction Refile (Mb0806906)
• BWI, Dismissed, Obstruction Refile (M11-0030J5)
• DWI, Dismissed, Obstruction Refile (M1067046)
• DWI, Dismissed, Obstruction Refile (1258344)
• DWI, Dismissed, Refiled as an Obstruction (M0836348)
• DWI, Dismissed, Obstruction Refile (MB1204301)
• DWI, Dismissed, Obstruction Refile (CR-2011-07713-C)
• DWI, Dismissed, Obstruction Refile, Wise County (CR-68618)
• DWI 2nd, Dismissed, Refiled as Obstruction, Dallas County (M1062923)
• DWI, Dismissed, Obstruction Refile, Dallas County, M11-270-72
• DWI, Dismissed, Obstruction Refile, Dallas County, M10-50096
• DWI, Dismissed, Refiled as Obstruction, Dallas County, M1206415
• DWI, Dismissed, Refiled as Obstruction, Denton County, CR-2012-01349-D
• DWI, Dismissed, Refiled as Obstruction, Dallas County, M12-10364
• 2nd DWI Breath Test Refusal, Dismissed (Ma0420847 Ccc8)
• 2nd DWI Breath Test Refusal, Reduction (1116277, Ccc6 Tarrant County)
• 2nd DWI Breath Test Refusal, Reduction (1101186, Ccc8 Tarrant County)
• 2nd DWI Breath Test Case, Result of.17, Reduced To 1st Degree Misdemeanor (1090525)
• 2nd DWI Breath Test Refusal, Dismissed (07cl-2258-2, Ccc2 Kaufman Co.)
• 2nd DWI Breath Test Refusal, Dismissed (Mb0455244-M Ccca2)
• 2nd DWI Breath Test Refusal, Dismissed, Reduced From DWI 2nd To 1st (Cr-2005-04904-E Ccc5)
• 2nd DWI Breath Test Refusal, Reduced From 3rd DWI, Dismissed (Mb0203362)
• 2nd DWI Breath Test Refusal, Reduction (Ma-07-62890, Ccc4 Dallas County)
• 2nd DWI Breath Test, Reduction (Cr-2009-08047-C)
• 2nd DWI Breath Test, Result of .17 Case, Reduced To 1st Degree Misdemeanor (1090525)
• 2nd DWI Open Container, Reduced To 1st Degree Misdemeanor (62724)
• 2nd DWI, Breath Test Refusal, Dismissed (Mb-0262214-G Ccc6)
• 2nd DWI, Breath Test Refusal, Dismissed (Mb0455244-M Ap2)
• 2nd DWI, Not Guilty (M1234819J)
• 2nd DWI, Dismissed (M0555897)
• 2nd DWI, Dismissed (M0674542)
• 2nd DWI, Dismissed (M0955789)
• 2nd DWI, Dismissed, Obstruction Refile (M0717770)
• 2nd DWI, Dismissed, Reckless Driving Refile (2005263cr1 Mclennan Co.)
• 2nd DWI, Not Guilty (006-83873-08)
• 2nd DWI, Not Guilty (Cr-2009-05068-D)
• 2nd DWI, Not Guilty (M0460454)
• 2nd DWI, Not Guilty (M0518753)
• 2nd DWI, Not Guilty (M0537287)
• 2nd DWI, Not Guilty (M0606240)
• 2nd DWI, Not Guilty (M0915352)
• 2nd DWI, Not Guilty, M0624770,
• 2nd DWI, Open Container, Reduced To 1st Degree Misdemeanor (62724)
• 2nd DWI, Reduction (Mb0904362)
• DWI 2nd, Reduced to DWI 1st, Dallas Co. M14-493-99
• 3rd DWI Breath Test Refusal, Dismissed (F-0222319 203rd District Court)
• 3rd DWI Breath Test Refusal, Dismissed Insufficient Evidence (Wise County)
• 3rd DWI (.16 Blood), Dismissed, Obstruction Refile (F0553934)
• 3rd DWI Breath Test Refusal, Dismissed(0913260d Cdc3)
• 3rd DWI, Open Container, Reduced To Misdemeanor (F0560215)
• 4th DWI Breath Test Refusal, Not Guilty (F0712598 Cdc 6 Dallas County)
• 3rd or more DWI, Set for Trial and Dismissed (Wise County CR16487)
• Intoxicated Assault, Breath Test Case, Result Of 0.127, Dismissed (F-0325944 203rd 03rd )
• Intoxication Assault, Breath Test Case, Result of .17, Dismissed (F09-52586)
• Intoxication Assault, Breath Test Case, Result of .17, Dismissed (F09-71478)
• Intoxication Assault, Breath Test Case, Result of .17, Dismissed (F10-00757)
• DWI, Not Guilty (1089169)
• DWI, “I’m Drunk”, Hung Jury – 5 To 1 Voting Not Guilty (M0565798)
• DWI, Accident, Dismissed, Obstruction Refile (M0643984)
• DWI, Accident, Not Guilty (M0538149)
• DWI, BTR, M1019597, Not Guilty
• DWI, Dismissed (M1336359)
• DWI, Dismissed (10-0197)
• DWI, Dismissed (1061608)
• DWI, Dismissed (1113548)
• DWI, Dismissed (2009-04438)
• DWI, Dismissed (20-100878)
• DWI, Dismissed (Cr-09-54472)
• DWI, Dismissed (Cr-2008-00981-C)
• DWI, Dismissed (Cr-2008-08881-C)
• DWI, Dismissed (Cr-2009-03380)
• DWI, Dismissed (Cr-2009-07712-C)
• DWI, Dismissed (Cr-2009-08526-B)
• DWI, Dismissed (M0321797)
• DWI, Dismissed (M0414345)
• DWI, Dismissed (M0441338)
• DWI, Dismissed (M0453175)
• DWI, Dismissed (M0464442)
• DWI, Dismissed (M0525087)
• DWI, Dismissed (M0552235)
• DWI, Dismissed (M0553993)
• DWI, Dismissed (M0566840)
• DWI, Dismissed (M0725040)
• DWI, Dismissed (M0735034)
• DWI, Dismissed (M0849721)
• DWI, Dismissed (M0948973)
• DWI, Dismissed (Mb0761356)
• DWI, Dismissed (Mb0859211)
• DWI, Dismissed (M1349699)
• DWI, Dismissed (1403366)
• DWI, Dismissed (M1222720)
• DWI, Evading Police, Not Guilty (M0640450)
• DWI, Motion To Revoke Probation Withdrawn (Cr200609531)
• DWI, Motion To Revoke Probation Withdrawn (Cr200609531)
• DWI, Motion To Suppress Granted, Dismissed(0048572807)
• DWI, Motion To Suppress Granted, DWI Dismissed(0048572807)
• DWI, Not Guilty (M1215402K)
• DWI, Not Guilty (0018714208)
• DWI, Not Guilty (002-81022-10)
• DWI, Not Guilty (0058645310)
• DWI, Not Guilty (006-81230-09)
• DWI, Not Guilty (1089169)
• DWI, Not Guilty (1131057)
• DWI, Not Guilty (1150129)
• DWI, Not Guilty (Cr200700265 Denton Co.)
• DWI, Not Guilty (M0426827)
• DWI, Not Guilty (M0448607)
• DWI, Not Guilty (M0520061)
• DWI, Not Guilty (M0535846)
• DWI, Not Guilty (M0537177)
• DWI, Not Guilty (M0559411)
• DWI, Not Guilty (M0565357)
• DWI, Not Guilty (M0844892)
• DWI, Not Guilty (M0866212)
• DWI, Not Guilty (M0950685)
• DWI, Not Guilty (Mb0679382)
• DWI, Not Guilty (Mb0679382)
• DWI, Not Guilty (Mb083099)
• DWI, Not Guilty (M1325207)
• DWI, Passed Out At The Wheel!, Not Guilty (Cr200707935)
• DWI, Passed Out At The Wheel!, Not Guilty (Cr200707935)
• DWI, Prescription Meds + Alcohol, Not Guilty (0048736207)
• DWI, Prescription Meds + Alcohol, Not Guilty (0048736207)
• DWI, Reduction (006-90593-09)
• DWI, Reduction (1181962)
• DWI, Reduction (Cr-2008-07457)
• DWI, Resisting Arrest, Breath Test Refusal – Hgn, Dismissed (20081936)
• DWI, Straight Dismissal (M0566681)
• DWI, Wise County, CR-67919, Dismissed
• DWI, Not Guilty, (CR-201005277-E)
• DWI, Dismissed (M10-65376)
• DWI, Montague County (020-11)
• DWI, Not Guilty, Tarrant County, 1200698
• DWI, Not Guilty, Tarrant County, 1251605
• DWI, Dismissed, Dallas County (M10-662-58)
• DWI, Felony, Reduced to a Misdemeanor (1403099)

Understanding DWI Charges in Texas

DWI is a serious offense in Texas. Here is a breakdown of key points:

• DWI Definition: A DWI is defined as operating a motor vehicle in a public place while intoxicated. Intoxication can be established in two ways:
• Physical/Mental Impairment: You lack the normal use of your mental and/or physical faculties due to the influence of alcohol and/or drugs.
• Blood Alcohol Concentration (BAC): Your BAC is at or above the legal limit of 0.08 percent.
• Contesting Intoxication: The level of intoxication is often a contested issue in DWI trials. An attorney can help challenge the state’s evidence and raise questions about:
• Field Sobriety Tests (FSTs): While not mandatory, officers may administer FSTs. These tests have limitations and can be influenced by factors other than intoxication. A lawyer can scrutinize the administration of these tests.
• Blood/Breath Tests: You have the right to refuse these tests, but there may be consequences for doing so.
• Importance of Legal Counsel: A DWI defense attorney can advise you on your rights and options throughout the legal process, including potentially challenging the evidence used to establish intoxication.

Understanding Texas DWI Laws and Penalties

DWI is a common crime in Texas, with harsh penalties that increase for subsequent offenses. Some things to understand here include:

• DWI Definition: Texas law defines DWI (Texas Penal Code § 49.04) as operating a motor vehicle in a public place while intoxicated.
• Intoxication Standards: Intoxication can be established in two ways (Texas Penal Code § 49.01):
• Physical/Mental Impairment: You lack the normal use of your mental and/or physical faculties due to the influence of alcohol and/or drugs.
• Blood Alcohol Concentration (BAC): Your BAC is at or above the legal limit.
• BAC Limits: The legal BAC limits in Texas are:
• 21 Years Old or Older: 0.08 percent
• Commercial Drivers: 0.04 percent
• Younger than 21: Any detectable amount
• Penalties: Texas DWI penalties increase with each subsequent offense and can be further enhanced by certain circumstances, such as having a child in the vehicle or causing an accident.
• First Offense: Class B misdemeanor, with a fine of up to $2,000, a jail term of between three and 180 days, license suspension of up to two years, community Service between 24 and 100 hours, a DWI intervention or education program, and possible ignition interlock device
• Second Offense: Class A misdemeanor, with a fine of up to $4,000, a jail term of between 30 days and one year, license suspension of up to two years, community service between 80 and 200 hours, a DWI intervention or education program, and possible ignition interlock device
• Third and Subsequent Offenses: Third-degree felony, with a fine of up to $10,000, a prison term of between two and 10 years, license suspension of up to two years, community service between 160 and 600 hours, a DWI intervention or education program, and possible ignition interlock device
• Look-Back Period: Texas has no look-back period for DWI offenses. All prior DWI charges will be considered for sentencing purposes.

Understanding Class C Misdemeanor Alcohol Offenses in Texas

In Texas, some alcohol-related offenses are classified as Class C misdemeanors. While a conviction for a Class C misdemeanor does not carry jail time, it can result in a fine of up to $500. 

Here is an overview of common offenses:

• Underage Driving Under the Influence (DUI): It is illegal for anyone under 21 to operate a motor vehicle in Texas with any detectable amount of alcohol in their system. This can be determined by a breath test or an officer’s suspicion of alcohol presence. A DUI charge does not require proof of intoxication.
• Driver’s License Suspension for Under 21 DWI/DUI:
• Failing a Test or Not Offered a Test: 60-day suspension
• Refusing a Test: 180-day suspension

Penalties for Under 21 DUI Convictions:

• 1st or 2nd Offense (Class C Misdemeanor): Possible penalties include fines (up to $500), alcohol education classes, community service, and deferred probation.
• Public Intoxication (PI): Anyone appearing intoxicated in a public place to the degree that they endanger themselves or others can be charged with PI. Public places include streets, sidewalks, and common areas of buildings.
• Minor in Possession of Alcohol (MIP): It is illegal for anyone under 21 to possess alcohol unless supervised by a parent, employed in a setting that allows alcohol service, or under police supervision. A first or second MIP offense carries a fine of up to $500. A third offense can result in a fine of up to $2,000 and up to 180 days in jail.

Driver’s License Suspension for Class C Misdemeanor DUI:

• 1st Offense: 1-month suspension
• 2nd Offense: 2-month suspension
• 3rd Offense: 6-month suspension

Understanding Additional Alcohol-Related Offenses in Texas

In Texas, driving under the influence can lead to more serious charges if it results in injuries or death:

• Intoxication Assault (3rd-Degree Felony): This offense occurs when someone operating a motor vehicle (including cars, aircraft, watercraft, or amusement rides) while intoxicated causes serious bodily injury to another person. The penalties are similar to a third DWI offense.
• Intoxication Manslaughter (2nd-Degree Felony): This offense is charged when someone operating a vehicle while intoxicated causes the death of another person by accident or mistake. A vehicle can be considered a deadly weapon in this case, potentially impacting sentencing and probation eligibility.
• DWI with a Child Passenger: Driving under the influence with a child under 15 in the vehicle can result in additional charges of child endangerment (punishable by a fine, jail time, and driver’s license suspension). A DWI conviction with a child passenger may also include:
• Increased penalties, potentially elevated to a felony.
• Community service.
• Jail time.
• Fines.
• Mandatory ignition interlock device installation.
• Probation.
• DWI education and intervention programs.
• Court fees and other associated costs (attorney fees, restitution, higher insurance rates).

Understanding Driver’s License Suspension After a DWI Arrest in Texas

A DWI arrest in Texas can potentially lead to a driver’s license suspension. Here is a breakdown of key points:

• Administrative License Revocation (ALR): Following a DWI arrest, the Texas Department of Public Safety (DPS) may initiate an ALR process to suspend your driver’s license.
• Blood/Breath Test Results:
• Test Failure: A failed blood or breath test can result in a potential 90-day suspension.
• Test Refusal: Refusing a blood or breath test can lead to a potential 180-day suspension.
• ALR Hearing: You have the right to request an ALR hearing within 15 days of your arrest to contest the suspension. An attorney can represent you at this hearing and argue against the suspension.

Importance of Legal Counsel for Your ALR Hearing

In Texas, you have 15 days following a DWI arrest to request an Administrative License Revocation (ALR) hearing to contest a potential driver’s license suspension. An experienced DWI attorney can be valuable in navigating this process:

• Understanding the Process: An attorney can explain the ALR hearing procedures and your rights.
• Building Your Case: A lawyer can help gather evidence and prepare arguments to challenge the suspension.
• Representing You at the Hearing: Your attorney can effectively represent you at the hearing and present your case to the judge.

Potential Outcomes:

• Favorable Outcome: If successful, the judge may grant a temporary license reinstatement until your court case is resolved.
• Unfavorable Outcome: If the judge rules against you, the license suspension will go into effect as per Texas law.

The judge will evaluate whether the officer had a legitimate reason to pull you over (reasonable suspicion) and sufficient evidence to arrest you (probable cause). An attorney can assist you in understanding these legal concepts and how they apply to your case.

Obtaining an Occupational Driver’s License After a DWI in Texas

Following a DWI arrest and potential driver’s license suspension, you might be eligible for an occupational driver’s license (ODL) in Texas. An ODL restricts driving privileges but allows limited driving for essential purposes.

Eligibility and Restrictions:

Eligibility for an ODL depends on the specific circumstances of your DWI case. Consulting with an attorney is recommended to determine your eligibility.

ODLs typically allow driving for work, school, court-ordered activities, and essential errands within specific timeframes (e.g., 12 hours per day).

Application Process:

Applications for ODLs are submitted to the county or district court where you reside or where the DWI offense occurred.

If eligible, the court will issue an order allowing you to apply for an ODL with the Texas Department of Public Safety (DPS).

The court order may serve as a temporary driving permit for 30 days while your ODL application is processed.

Additional documents might be required by the DPS for ODL issuance.

There may be a mandatory waiting period of 180 days before applying for an ODL after an intoxication-related suspension. Consulting with an attorney is crucial to understanding your specific situation and waiting period requirements.

Understanding Blood Alcohol Content (BAC) and Testing

In Texas, DWI is defined as operating a motor vehicle with a BAC of 0.08 percent or higher. If pulled over on suspicion of DWI, an officer may request a BAC test to determine your level of intoxication.

Types of BAC Tests:

• Breath Test: This is the most common and convenient method for officers. However, breath test accuracy can be impacted by certain factors.
• Blood Test: Blood testing is considered the most accurate method for measuring BAC. It requires a medical professional to draw blood, making it less convenient for field use.
• Urine Test: While possible, urine tests are rarely used for BAC testing due to lower accuracy and logistical challenges.

If you are arrested for DWI, it is important to consult with an attorney. An attorney can advise you on your rights and the specifics of any BAC tests administered.

Here are some additional points to consider:

• The number of drinks it takes to reach a BAC of 0.08 percent can vary depending on factors like weight, gender, and metabolism.
• It is important to never drink and drive. Even a BAC below the legal limit can impair your driving ability.

Understanding No Refusal Weekends in Dallas, Texas

Law enforcement agencies in Dallas, Texas, may implement No Refusal DWI weekends or periods to target drunk driving. During these times, drivers suspected of DWI who refuse a breathalyzer test may face additional consequences:

• Obtaining a Warrant for a Blood Test: If a driver refuses a breathalyzer test during a No Refusal initiative, law enforcement may seek a warrant to obtain a blood sample for BAC testing.
• Importance of Legal Counsel: If you are pulled over for DWI during a No Refusal weekend, it is important to understand your rights. Consulting with an attorney can help you navigate the situation and make informed decisions.
• No Refusal weekends are typically announced in advance by law enforcement agencies.
• Texas, like many states, allows officers to request a blood test even without a No Refusal initiative, but it may require a warrant.
• Regardless of No Refusal weekends, it is always best to avoid driving under the influence of alcohol.

Understanding Texas Field Sobriety Tests (FSTs)

Field sobriety tests (FSTs) are a series of roadside tests that law enforcement officers in Texas may use to assess a driver’s possible intoxication during a DWI investigation. FSTs are not perfect and may not be reliable for everyone. 

Factors like fatigue, certain medications, or medical conditions can impact performance. These tests are not mandatory. 

You have the right to refuse an FST, but refusal can raise suspicion for the officer. An officer’s observations and performance on FSTs are just one part of the DWI investigation process. 

Breathalyzer or blood tests are used to determine BAC levels. Common FSTs in Texas:

• Horizontal Gaze Nystagmus (HGN): The officer observes the movement of your eyes as they follow a slowly moving object (e.g., a pen). HGN, involuntary jerking of the eyeball, can be a sign of intoxication, but it can also have other causes.
• Walk-and-Turn: The officer instructs you to take specific steps along a straight line, then turn and walk back. Following instructions and maintaining balance are assessed.
• One-Leg Stand: You stand on one leg with your foot raised a certain distance off the ground, while counting out loud. The officer observes your ability to balance.

If you are arrested for DWI, it is important to consult with an attorney. An attorney can advise you on your rights regarding FSTs and the DWI investigation process.

Understanding Police Procedures During DWI Investigations

Being pulled over for suspicion of DWI can be a stressful experience. Here is a breakdown of some key points to consider:

• Probable Cause for Stops: Police officers cannot pull you over without a reason. This reason, called probable cause, could be witnessing a traffic violation (e.g., speeding) or acting on a detailed report from a reliable source (not necessarily an anonymous tip).
• Challenges to Stops and Evidence: An attorney can help you understand if a stop was justified and whether any evidence collected may be challenged in court.
• Field Sobriety Tests (FSTs): FSTs are roadside tests used by officers to assess intoxication. While not perfect, they can be one factor in an investigation.
• Breathalyzer Accuracy: Breathalyzers are designed to measure BAC, but certain substances (mouthwash, medications) can affect results. If you have concerns, an attorney can advise you on potential challenges.

Portable Breath Tests (PBTs):

• PBTs are handheld devices used for preliminary BAC screening.
• Texas DPS does not consider PBT results admissible evidence in court due to potential limitations.

If you are arrested for DWI, it is important to consult with an attorney. An attorney can advise you on your rights and potential legal options regarding the stop, evidence, and the DWI investigation process in general.

Contact a DWI Defense Attorney in Dallas County | Law Offices of Richard C. McConathy

Feel free to call The Law Offices of Richard C. McConathy at (972) 233-5700 or contact us online to schedule your free confidential consultation. We are available every single day of the year to answer your call.

You should not delay another moment in seeking the legal help you will need to overcome your criminal charges in Dallas, Carrollton, Irving, Richardson, or surrounding areas in Dallas County. Our firm understands the toll that DWI charges take on people and fights to help them regain their livelihood.