Strategic defense against drunk driving allegations in Texas.
Driving While Intoxicated in Texas is one of the most aggressively prosecuted offenses in the state. The penalties are steep, the collateral consequences reach into insurance, employment, and licensing, and the cases often turn on technical evidence that requires real scrutiny. Treating a DWI like a traffic ticket is one of the most expensive mistakes a person can make.
Under Texas Penal Code Section 49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated. Intoxication means either loss of normal use of mental or physical faculties due to alcohol, drugs, or a combination, or having a blood or breath alcohol concentration of 0.08 or more.
The statute does not require actual impaired driving. The state can prove intoxication through breath tests, blood tests, field sobriety tests, officer observations, or some combination. Each form of proof has its own attack points.
A first DWI in Texas is a Class B misdemeanor punishable by up to 180 days in jail, a fine up to $2,000, license suspension, and required ignition interlock in some cases. A first offense with a blood or breath alcohol concentration of 0.15 or greater is bumped to a Class A misdemeanor with a higher punishment range.
First offenses look minor on paper but the consequences last. Surcharges, insurance impact, employment screening, and the permanent record all extend well beyond the courthouse.
A second DWI in Texas is a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine. A third or subsequent DWI is a third-degree felony with two to ten years in prison and a fine up to $10,000.
Repeat-offender cases require more aggressive defense because the punishment ranges are higher and prosecutors are less inclined to offer favorable resolutions. Pretrial motions, intoxication science challenges, and trial preparation matter more in these cases.
A DWI arrest triggers two separate proceedings. The criminal case in the trial court handles guilt and punishment. The Administrative License Revocation hearing at the State Office of Administrative Hearings handles the suspension of your driver's license.
You have only 15 days from the date of arrest to request an ALR hearing. If you miss that deadline the suspension takes effect automatically. Even when the criminal case eventually resolves favorably, an unchallenged ALR suspension still goes on your record.
The Intoxilyzer 9000 used in Texas has known maintenance and calibration requirements. We obtain the maintenance records, the calibration certifications, and the technical supervisor reports to see whether the machine was operating properly. Breath testing is also subject to physiological factors such as recent eating, GERD, and mouth alcohol contamination.
Blood draws raise their own issues. Was the draw consented to or obtained by warrant? Was the warrant supported by probable cause? Were proper anti-coagulants used? Was the blood stored correctly? Was the testing protocol followed? Each step is a potential challenge.
Field sobriety tests follow standardized procedures developed by the National Highway Traffic Safety Administration. Officers regularly conduct them outside those procedures. When that happens the evidentiary value of the results drops considerably.
Talk to an attorney who handles these cases regularly. Consultation requests are reviewed personally and treated with full confidentiality.
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