Fort Worth DWI Lawyer

Aggressive Defense for DWI Charges in Tarrant County, TX

In Tarrant County and around the Dallas-Fort Worth-Arlington metropolitan area in the great state of Texas, driving while under the influence (DWI) of drugs or alcohol is considered a criminal offense with serious ramifications. You can be accused of a DWI after having only a couple of drinks, and you may be arrested for a DWI even if your blood alcohol concentration (BAC) level is below the legal limit. 

If you are charged with a DWI, contact our Fort Worth DWI lawyer at the Law Office of Mark M. Childress today. We serve the Dallas-Fort Worth-Arlington metropolitan area and are prepared to go the distance in defense of your rights.

Dial (817) 497-8148 or complete an online form to get started towards building your defense.

DWI Penalties for Adults in Texas

The criminal factors that Texas takes into consideration when determining a DWI penalty include the number of previous criminal offenses and the individual’s BAC level at the time of the DWI. Texas DWI criminal offense penalties are as follows:

DWI First Offense

Once you have committed your first DWI offense, you could be fined up to $2,000 and face anywhere between 3 days to 6 months in jail. Your driving license may be suspended as well. You may also need to attend a DWI educational program and install an ignition interlock device in your motor vehicle.

DWI Second Offense

Texas takes these criminal offenses very seriously, so your second offense will come with jail time. You could have to pay fines of up to $4,000 and face a jail sentence of anywhere between one month to one year. Your driving license will be suspended for up to two years and you may have to pay an annual surcharge to get it back. You might also have to attend a DWI educational program and install an ignition interlock device in your motor vehicle as well.

DWI Third Offense

A third criminal offense comes with up to a $10,000 fine and anywhere between 2 to 10 years of time in state prison. Your driving license can be suspended for up to 2 years. You could be charged a surcharge of up to $2,000 per year for three years to keep your driving license. You may also be required to install an ignition interlock device in your vehicle and participate in an DWI educational program.

Additional DWI Crimes in Texas

If you pose a threat to another individual because of DWI, especially a child, the consequences are much more severe. These criminal offenses get even more complicated if the individual you injured or harmed was a member of law enforcement, a fire fighter, first responder, or another emergency medical professional.

What Is the Legal BAC Level in Texas?

Under Texas law, an individual is considered legally intoxicated and can be arrested and charged with a DWI if he/she has a blood alcohol level of .08 or higher. However, the TX law states that an individual is also intoxicated if he/she is impaired due to alcohol or another drug regardless of their blood alcohol level.

Can You Get a DWI Dismissed in Texas?

Yes, charges against DWI can get dismissed in Texas. However, receiving a dismissal in a DWI case often challenges the reason for law enforcement making the stop and bombarding the authority in addition to providing evidence of the regulated field sobriety tests.

Common Defenses Against DWI Charges

When facing a DWI (Driving While Intoxicated) charge in Texas, it is crucial to mount a strong defense to protect your rights and potentially mitigate the consequences. While each case is unique and should be evaluated by a qualified attorney, here are some general strategies that can be employed to defend against a DWI charge in Texas.

Challenging the Traffic Stop 

If law enforcement did not have a valid reason to pull you over, any evidence obtained afterward may be inadmissible in court. This could include improper or illegal use of checkpoints, lack of reasonable suspicion, or failure to follow proper protocol during the traffic stop.

Questioning the Field Sobriety Tests (FSTs) 

FSTs are subjective tests designed to assess impairment, but they are not always reliable. Factors such as pre-existing medical conditions, fatigue, or nervousness can influence the results. Challenging the administration and interpretation of these tests can help cast doubt on the accuracy of the officer's observations.

Contesting the Breathalyzer or Blood Test Results

Breathalyzer devices and blood tests are commonly used to measure blood alcohol concentration (BAC). However, these tests can be flawed due to improper calibration, maintenance, or human error. Additionally, the chain of custody for blood samples must be properly documented and preserved to ensure accuracy.

Establishing Alternative Explanations 

Your defense team may explore alternative explanations for observed signs of impairment. Medical conditions, fatigue, stress, or prescription medications could mimic the symptoms of intoxication, and expert testimony or medical records can help support these claims.

Suppressing Incriminating Statements

If your rights were violated during the arrest or questioning process, any self-incriminating statements you made may be suppressed. Ensure that law enforcement followed proper protocol and respected your Miranda rights.

Remember, the effectiveness of these defense strategies can vary depending on the circumstances of your case. It is essential to consult with a skilled attorney who specializes in DWI defense in Texas to assess the best course of action and build a robust defense tailored to your specific situation.

Driving While Your License Is Invalid (DWLI)

DWI is not the only way you can get your driving license suspended. If you drive a motor vehicle and your license has already been suspended or revoked in TX, you are driving while your license is invalid (DWLI). If a law enforcement officer in Fort Worth pulls you over on the road at this time, your driver’s license will be suspended for an additional amount of time.

Arrested for a DWI Charge? Contact Our Highly Rated DWI Lawyer in Fort Worth, TX, Today!

Reducing DWI cases or getting a DWI dismissed in Texas is possible, but you will not be able to do it alone. Contact our criminal defense law office immediately for help with your DWI case. You have only 15 days after your arrest date to save your Texas driving license. Then, let our DWI attorneys figure the rest out for you.

Contact us online or call our law office directly at (817) 497-8148 to book a consultation with our Fort Worth DWI attorney.