Fort Worth DWI Lawyer

Aggressive DWI Defense 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. Knowing the intricacies of the law and how tests are administered can be crucial in your defense strategy.

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. Our team is dedicated to ensuring you understand every aspect of the process and what to expect at each stage.

Dial (817) 497-8148 or complete an online form to get started on 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 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 offenses seriously, so your second offense will come with jail time. You could 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. Additional penalties may include community service hours, aiming to deter repeat offenses.

DWI Third Offense

A third offense comes with up to a $10,000 fine and anywhere between 2 to 10 years 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 a 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 offenses get even more complicated if the individual you injured or harmed was a member of law enforcement, a firefighter, first responder, or another emergency medical professional. Such scenarios elevate charges to more severe degrees, illustrating the gravity of endangering public servants.

Texas DWI Laws & Local Regulations

The legal landscape for DWI offenses in Texas is stringent, with comprehensive regulations aimed at deterring impaired driving. Beyond state-wide laws, Fort Worth has community-specific initiatives that focus on reducing impaired driving incidents. Local law enforcement agencies often employ sobriety checkpoints and community education programs to increase awareness. 

Moreover, Fort Worth courts may interpret state laws with nuanced perspectives, emphasizing the importance of having a local attorney familiar with these court tendencies. The unique judicial environment can influence case strategy extensively. Therefore, engaging a lawyer who understands the intricacies of both state and local regulations is beneficial for mounting a strong defense.

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 0.08% or higher. However, 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. 

What Is the Implied Consent Law?

The Texas Implied Consent Law is a legal doctrine pertaining to individuals who operate motor vehicles in Texas. When you obtain a driver's license and drive in Texas, you are considered to have implicitly consented to taking a chemical test if arrested for DWI. This means that if a law enforcement officer has reasonable grounds to believe you are intoxicated, they can request that you submit to a BAC test.

Refusing to take a chemical test when requested by a law enforcement officer can have consequences. For instance, your driver's license can be automatically suspended, which can last for an extended period, even if you are not ultimately convicted of DWI. The length of the suspension may vary depending on previous DWI convictions and other factors. Understanding the full scope of this law is vital for any Texas driver.

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 questioning the authority in addition to providing evidence of the regulated field sobriety tests. This process requires an in-depth examination of the arrest circumstances and can benefit greatly from professional legal insight.

When Does a DWI Become a Felony?

In Texas, a DWI (Driving While Intoxicated) becomes a felony under certain circumstances. Texas law distinguishes between misdemeanor and felony DWI offenses based on the case's specific details.

Here are the types of offenses and penalties for felony DWIs in Texas:

• Third DWI: As mentioned earlier, when a person is charged with their third or subsequent DWI offense. A third DWI is punishable by a prison term of 2 to 10 years, a fine of up to $10,000, and driver's license suspension. This marks a critical escalation in consequences due to recurring offenses.
• DWI with Minor Passenger: When a person is charged with DWI with a child passenger under 15 years old. This offense is punishable by a state jail term between 180 days and two years, a fine of up to $10,000, and a driver's license suspension. 
• Intoxication Assault: When a person causes serious bodily injury to another while driving under the influence. This offense is punishable by a prison term of 2 to 10 years, a fine of up to $10,000, and driver's license suspension. 
• Intoxication Manslaughter: When a person causes the death of another while driving under the influence. This offense is punishable by a prison term of 2 to 20 years, a fine of up to $10,000, and driver's license suspension. 

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. These technical defenses require thorough understanding and careful application of existing legal standards.

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. Understanding and presenting such nuances could sway the case significantly.

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. Extensive scrutiny of these tests can reveal procedural lapses, which is beneficial in legal defense.

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. Proving such factors often involves meticulous gathering and presentation of additional evidence.

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 follows proper protocol and respects your Miranda rights. This involves a critical examination of the arrest and interrogation methods used.

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 is knowledgeable about DWI defense in Texas to assess the best course of action and build a robust defense tailored to your specific situation.

DWI License Suspension in Texas: Understanding the ALR Hearing Process

The Administrative License Revocation (ALR) hearing process occurs after a person is arrested for DWI. The ALR process is a civil procedure separate from the criminal DWI case and deals specifically with the license suspension. The ALR hearing process can be complex, and having legal representation can significantly improve your chances of obtaining a favorable outcome. A Fort Worth DWI attorney from the Law Office of Mark M. Childress can guide you through the process, help you gather evidence, and present a strong case on your behalf. 

Here's an overview of the ALR hearing process:

Notice of Suspension

After a DWI arrest, if you fail a breath or blood test (with a BAC of 0.08% or higher) or refuse to take a chemical test, the arresting officer will confiscate your driver's license and issue a temporary driving permit.  You will receive a Notice of Suspension, informing you that your driver's license will be suspended after 40 days unless you request an ALR hearing. Acting swiftly upon receiving this notice is crucial to maintaining your driving privileges.

Requesting an ALR Hearing

You have 15 days from the date of the Notice of Suspension to request an ALR hearing to contest the suspension. If you do not request a hearing within this period, your driver's license will be automatically suspended after 40 days. This is an essential step and should be handled with urgency.

Scheduling the ALR Hearing

Upon requesting the hearing, the Texas Department of Public Safety (DPS) will schedule it. The hearing is typically conducted by an administrative law judge (ALJ) from the State Office of Administrative Hearings. The hearing can be held in person or via telephone or videoconference, depending on the circumstances.

Preparation for the ALR Hearing

You or your attorney will receive a notice of the hearing date and information on obtaining evidence, such as the arresting officer's report and any breath or blood test results. It is important to prepare thoroughly, which may include reviewing evidence, subpoenaing witnesses (such as the arresting officer), and formulating arguments to contest the suspension. 

The ALR Hearing

During the hearing, both you/your attorney and the DPS will present evidence and arguments. 

Key issues typically addressed include:

• Whether the officer had reasonable suspicion or probable cause to stop and arrest you.
• Whether you were properly informed of the consequences of refusing or failing a chemical test.
• Whether you refused the test or had a BAC of 0.08% or higher.

After the hearing, the ALJ will issue a written decision. If the ALJ rules in your favor, your driver's license will not be suspended. If the ALJ upholds the suspension, the license suspension will go into effect. 

Reinstating Your License

If your license is suspended, you can apply for an occupational license, which allows you to drive for essential purposes such as work, school, or household duties. You will need to pay reinstatement fees and meet any other requirements specified by the DPS to reinstate your license after the suspension period ends. 

Driving While Your License Is Invalid

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. Accruing such violations compounds legal challenges significantly, highlighting the importance of adhering to all licensing rules.

Frequently Asked Questions

What Should I Do Immediately After a DWI Arrest?

Following a DWI arrest, it's crucial to remain calm. Cooperate with the arresting officers as failing to do so might worsen your situation. Document as much as you can recall about the events leading up to the arrest, including time, location, and interactions with law enforcement. Contact a Fort Worth DWI attorney from the Law Office of Mark M. Childress at the earliest possible opportunity. Prompt legal guidance can help protect your rights and devise a strategic plan to address the charges.

Are Sobriety Checkpoints Legal in Fort Worth?

In Texas, the legality of sobriety checkpoints is a complex issue due to state-specific legal restrictions. Currently, Texas does not actively employ sobriety checkpoints due to a 1994 Texas Court of Criminal Appeals ruling invalidating them without legislative authorization. However, it is important to be informed about these legal nuances and how they may evolve. Always check the most recent local regulations and consult with a knowledgeable DWI attorney to understand how these elements might impact your defense.

How Do Open Container Laws Impact DWI Charges in Texas?

Texas enforces strict open container laws, which prohibit possessing an open or unsealed alcoholic beverage in the passenger area of a motor vehicle. Violating this can result in Class C misdemeanor charges. If an open container accompanies a DWI charge, it can intensify the offense, potentially leading to more severe penalties. While the open container violation is separate, its presence during a DWI can complicate defense strategies. 

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

Reducing DWI cases or getting a DWI dismissed in Texas is possible, but you cannot 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. 

Here are some of the advantages of enlisting our legal services:

• Knowledge and Understanding: When you work with our firm, you benefit from our deep understanding of Texas DWI laws and legal procedures. We have the experience to guide you through the complexities of the legal system, ensuring your rights are protected and you receive the best possible outcome for your case. Our approach is collaborative and client-focused.
• Customized Legal Strategy: We can develop a personalized legal strategy tailored to the specifics of your DWI case. Every case is unique, and we will analyze the evidence, assess the circumstances, and build a strong defense that best suits your situation. This ensures that every angle is thoroughly considered and effectively countered.
• Protection of Your Rights: Our legal team is committed to safeguarding your constitutional rights throughout the legal process. We ensure that law enforcement adhered to proper procedures during your arrest and that any potential violations are addressed. Vigilantly protecting client rights is a key pillar of our practice.
• Negotiation Skills: We have the negotiation skills required to potentially reduce charges or penalties. In some cases, we may be able to negotiate with the prosecution to secure a more favorable outcome, such as reduced charges or alternative sentencing options. 
• Courtroom Experience: If your case goes to trial, our attorneys are well-versed in courtroom procedures and can effectively represent you. We will provide a strong defense, challenge evidence, and advocate on your behalf in front of a judge and jury. 
• Minimization of Consequences: Our primary goal is to help you minimize the consequences of a DWI conviction, including fines, license suspension, and potential jail time. 
• Emotional Support: Going through a DWI charge can be emotionally taxing. We provide the support and guidance you need during this difficult time, helping you make informed decisions and alleviating some of the stress associated with legal proceedings. Our counsel is both compassionate and practical.
• Knowledge of Local Courts: Our firm is well-acquainted with the local courts and legal professionals, which can be advantageous in understanding how cases are typically handled in your jurisdiction. Familiarity with local judicial practices informs strategic decision-making throughout representation.
• Long-Term Impact Mitigation: A DWI conviction can have long-lasting consequences, such as higher insurance premiums and a criminal record. Our expertise can help minimize these long-term impacts and provide a path to recovery. Addressing both immediate and extended ramifications is vital for comprehensive client advocacy.

By hiring the Law Office Of Mark M. Childress, you can trust that we are dedicated to your best interests and will work tirelessly to provide the best possible outcome for your DWI case. We have the experience, resources, and commitment to help you navigate the legal process effectively.

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