Reviewing why law enforcement initiated the stop and what occurred before the arrest.
A DWI arrest in Texas can involve both a criminal case and separate driver’s license proceedings. Potential consequences depend on factors like prior convictions and blood alcohol concentration.
Our criminal defense attorneys at The Carlson Law Firm represent people facing DWI charges in Bell and Coryell counties and surrounding Central Texas communities.
Texas law generally defines intoxication in two ways:
Because DWI is not limited to alcohol, allegations may also involve prescription medications, illegal drugs or combinations of substances. Texas Penal Code § 49.04 applies when someone operates a motor vehicle in a public place while intoxicated.
DWI penalties in Texas depend on the circumstances of the offense, including prior convictions and certain aggravating factors. A DWI arrest may also result in driver’s license consequences through a separate administrative process.
A first DWI is generally a Class B misdemeanor. Potential consequences can include a fine of up to $2,000, 72 hours to 180 days in jail and driver's license consequences.
A second DWI can carry a fine of up to $4,000, 1 month to 1 year in jail and driver's license consequences.
A third DWI can be charged as a felony and may carry a fine of up to $10,000 and 2 to 10 years in prison, along with driver's license consequences.
A first DWI is generally a Class B misdemeanor, but Texas law increases the offense to a Class A misdemeanor when an analysis of a person’s blood, breath or urine shows a blood alcohol concentration of 0.15 or more at the time the analysis was performed. The classification can affect the potential fine and jail exposure.
Other circumstances, including prior convictions, may further affect how the charge is classified and the penalties that may apply.
Texas law makes DWI with a passenger younger than 15 a state jail felony. Potential consequences can include a fine of up to $10,000 and confinement in a state jail, along with driver’s license consequences.
The penalties that may apply can depend on the circumstances, including a person’s criminal history. An attorney can review the charge and explain the potential consequences.
A DWI arrest may trigger an Administrative License Revocation (ALR) proceeding involving your driver’s license. The ALR process is separate from the criminal DWI case and can apply when a driver refuses or fails a breath or blood test.
Texas imposes deadlines for requesting an ALR hearing, so it can be important to review the suspension notice promptly. The deadline can depend on how and when notice is provided. For example, Texas DPS generally requires an ALR hearing request within 15 days after certain notices are served.
A DWI defense lawyer can review the circumstances of the arrest and determine which legal and factual issues may affect the case. Depending on the evidence, that review may include:
Reviewing why law enforcement initiated the stop and what occurred before the arrest.
Examining how tests were administered and what officers reported observing.
Reviewing chemical test results, testing procedures and relevant documentation.
Body-camera footage, dash-camera footage, police reports and witness information may provide important context.
Explaining the separate ALR process and applicable deadlines.
Evaluating the available evidence and developing a defense strategy based on the circumstances.
The time required to resolve a DWI case varies. Factors may include:
Some cases may take months or longer to resolve. An attorney familiar with the case can explain what may affect the timeline.
Texas law generally uses DWI for the offense of operating a motor vehicle in a public place while intoxicated. Intoxication can involve a BAC of 0.08 or higher or the loss of normal mental or physical faculties because of alcohol, drugs or a combination of substances. Texas also has separate alcohol-related rules for drivers under 21.
A first DWI in Texas is generally a Class B misdemeanor. Potential penalties can include a fine of up to $2,000, jail time and driver’s license consequences. Certain circumstances, such as a BAC of 0.15 or higher, can increase the classification and potential penalties.
A DWI lawyer can help by reviewing the details of your arrest, challenging the evidence against you, and ensuring that your rights are protected throughout the legal process. They can negotiate with prosecutors to reduce charges, seek alternative sentencing options, or work to have the charges dismissed altogether.
A DWI case may be dismissed in some circumstances, but the outcome depends on the evidence and legal issues involved. An attorney can review matters such as the traffic stop, testing procedures, video evidence and other circumstances to determine what defenses or legal options may be available.
Refusing a requested breath or blood specimen after a DWI arrest can result in driver’s license consequences through Texas’s Administrative License Revocation process. A refusal does not necessarily prevent law enforcement from obtaining a specimen through other lawful means. An attorney can review the circumstances of the request and explain how the refusal may affect both the criminal case and driver’s license proceedings.
After a DWI arrest, pay attention to any paperwork and deadlines involving your criminal case or driver’s license. Avoid discussing the facts of the case publicly, and consider speaking with a DWI defense attorney who can review the arrest and explain the next steps.
A DWI charge can affect your driving privileges, finances and future. If you were arrested for DWI in Bell or Coryell County or the surrounding area, The Carlson Law Firm can review the circumstances of your arrest, explain the criminal and driver’s license proceedings you may face and help you understand your legal options.
Contact The Carlson Law Firm to schedule a confidential consultation with a Central Texas DWI lawyer.
Depending on the circumstances, a DWI may be charged as a misdemeanor or felony. Kyra Leal represents clients facing criminal charges in Central Texas and can review the evidence, explain the legal process and help develop a defense strategy based on the circumstances of the case.
With 18 locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.