The Traffic Stop
Review the stated reason for the stop, dash-camera footage, driving behavior, location, timing, and whether the officer had a lawful basis to detain the driver.
Dallas–Fort Worth DWI Defense Attorney
A DWI arrest starts two fights.
The criminal case is only one.
Defense for Texas DWI allegations involving traffic stops, field sobriety tests, breath or blood evidence, license consequences, repeat offenses, high BAC allegations, and child passengers.
The defense begins with what happened before the arrest: why the vehicle was stopped, what the officer observed, how testing was administered, how a specimen was obtained and handled, and whether the State can prove intoxication beyond a reasonable doubt.
0.08Per se alcohol concentration
0.15+Higher charge level
Child PassengerSeparate felony offense
Repeat DWIEnhanced penalties
Dallas–Fort WorthServing North Texas
At a Glance
What does Texas have to prove for DWI?
Texas Penal Code §49.04 makes it an offense to be intoxicated while operating a motor vehicle in a public place. “Intoxicated” can be alleged through an alcohol concentration of 0.08 or more or through loss of the normal use of mental or physical faculties because of alcohol, drugs, a combination of substances, or another substance.
Where DWI Cases Are Tested
The number is evidence. It is not the entire case.
DWI defense requires examining how the investigation was built from the first observation through the final laboratory or breath-test result.
Field Sobriety Tests
Examine instructions, administration, surface conditions, footwear, physical limitations, video, and whether the officer interpreted performance consistently.
Breath Testing
Machine records, observation periods, operator procedures, calibration and maintenance records, and the circumstances surrounding the test can matter.
Blood Evidence
Consent, warrants, collection, labeling, storage, chain of custody, laboratory procedures, uncertainty, and expert interpretation can all affect the evidence.
Drugs & Prescription Medication
A DWI allegation does not require alcohol. The State may rely on observations, toxicology, drug-recognition evidence, or combinations of substances.
Video Evidence
Body-camera and dash-camera footage can confirm, contradict, or add context to the written report and the officer's conclusions.
The License Case
The driver's-license timeline can move faster than the criminal case.
A DWI arrest can trigger administrative license consequences separate from the criminal prosecution. The deadlines and available procedures depend on whether a specimen was refused or provided and on the facts of the arrest. That is why license issues should be reviewed immediately rather than waiting for the first criminal court setting.
01Was a breath or blood specimen requested?
02Was it refused, voluntarily provided, or obtained by warrant?
03What paperwork was issued at release?
04What deadline applies to challenge the suspension?
What To Do Now
Four priorities after a DWI arrest.
Preserve every document.
Keep bond papers, license notices, tow records, receipts, medical records, and any paperwork provided by law enforcement.
Identify video quickly.
Dash camera, body camera, jail video, business surveillance, and other recordings can become important evidence.
Write down the timeline.
Record where you were, what you consumed, medications, the stop, testing instructions, statements, specimen collection, and release while details are fresh.
Address the license separately.
Do not assume the criminal court automatically protects driving privileges or preserves an administrative challenge.
The Defense Process
Preserve. Investigate. Challenge. Resolve.
The defense should be built from the evidence rather than from the charge label alone.
Protect Deadlines
Identify license, bond, court, discovery, and evidence-preservation deadlines immediately after the arrest.
Reconstruct The Stop
Compare reports, video, dispatch records, testing evidence, witnesses, and the client's timeline.
Test The State's Evidence
Evaluate suppression issues, testing procedures, toxicology, expert questions, and whether the proof establishes intoxication.
Choose The Resolution
Use the developed record to evaluate dismissal, reduction, negotiated resolution, motions, or trial.
DWI & Immigration
A criminal disposition can have consequences beyond the courthouse.
For noncitizens, the immigration effect of a DWI-related case depends on the exact charge, facts, accompanying allegations, plea language, sentence, and immigration history. Drug allegations, child-related conduct, injury, repeat offenses, or other facts can materially change the analysis. Criminal-defense strategy should be coordinated with immigration consequences before a plea is entered.
Frequently Asked Questions
Texas DWI questions.
Is a first DWI always a Class B misdemeanor?
A standard first-offense DWI under §49.04 is generally a Class B misdemeanor, but statutory facts can increase the level. For example, an alcohol concentration of 0.15 or more at the time of analysis raises the offense to a Class A misdemeanor.
What if a child was in the vehicle?
Texas Penal Code §49.045 creates a separate DWI-with-child-passenger offense when the passenger is younger than 15. The statute classifies that offense as a state jail felony.
Does a second DWI carry greater penalties?
Yes. Under §49.09, a qualifying prior intoxication-related conviction can enhance a later DWI. Two qualifying prior convictions can elevate a DWI to a third-degree felony.
Can I fight a DWI if my blood or breath result was over 0.08?
Potentially. The defense can examine the legality of the stop and detention, specimen collection, testing procedures, instrument or laboratory evidence, chain of custody, timing, uncertainty, and whether the State can prove the required elements.
Can a DWI affect immigration status?
Potentially. Immigration consequences are fact-specific and can change when the case includes drugs, injury, a child passenger, repeat conduct, or other allegations. The proposed criminal disposition should be reviewed before a plea.
Confidential Consultation
A DWI Case Starts Moving Immediately.
Tell us when the arrest happened, whether a breath or blood test was requested, whether your license was taken, your next court date, and whether there are prior DWI cases or other charges involved.
Get defense counsel involved early.
DWI cases can involve both a criminal prosecution and separate driver-license deadlines. Early review can help preserve evidence and identify the next steps in both proceedings.
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