A DWI arrest in Dallas can have serious consequences, including license suspension, fines, and even jail time. But a strong defense can make all the difference. Prosecutors take these cases seriously, so acting quickly to get experienced legal representation can help you fight for the best possible outcome.
As a dedicated Dallas DWI defense attorney with over 15 years of experience, attorney RJ Harber knows the best strategy for each DWI case, from challenging breathalyzer results to negotiating reduced charges. As a former prosecutor, he knows what it takes to prepare a strong defense strategy tailored to your unique situation. Contact us today for a free consultation.
ALR Hearings — Avoid Driver’s License Suspension
An Administrative License Revocation (ALR) hearing is the time to appeal the suspension of your driver’s license after a DWI arrest. Yet, the final decision depends on the evidence presented.
During the hearing, the Texas Department of Public Safety (DPS) must establish, by a preponderance of the evidence, that law enforcement had reasonable suspicion for the stop, probable cause for the DWI arrest, and that you either failed or refused a chemical test.
DWI Charges Criminal Defense
DWI (Driving While Intoxicated) is a criminal offense that happens when someone operates a vehicle while impaired by alcohol or drugs.
In Texas, a blood alcohol concentration (BAC) of .08% or higher is classified as legally intoxicated for most drivers. Commercial drivers are restricted to a .04% limit, and drivers under 21 can face penalties for any detectable alcohol under Texas’ Zero Tolerance laws.
If a driver’s BAC is 0.15% or higher, the offense may be charged as a Class A misdemeanor, carrying a fine of up to $4,000. Additionally, Texas’ Superfine law imposes an extra $6,000 state fine for high-BAC offenders.
1st Time DWI
A first-time DWI in Texas is typically charged as a Class B misdemeanor. Even without prior convictions, you could face up to 180 days in jail, fines up to $2,000, and a driver’s license suspension for up to a year. Additional consequences may include mandatory DWI education programs.
2nd Time DWI
A second DWI offense carries enhanced penalties as a Class A misdemeanor. Consequences include up to one year in jail, fines of up to $4,000, and a driver’s license suspension for up to two years. The court will set up an ignition interlock device installation for at least one year after license reinstatement.
3rd Time DWI
A third DWI offense is charged as a third-degree felony in Texas. This charge carries a potential prison time of 2–10 years and fines of up to $10,000. It also leads to a driver’s license suspension of up to two years and mandatory installation of an ignition interlock device.
DWI-D
DWI-D refers to driving while intoxicated by drugs, whether illegal, prescription, or over-the-counter medications. In Texas, you can be charged with DWI-D if drugs impair your mental or physical faculties.
Unlike alcohol-related DWIs, there’s no specific legal limit for drug concentration. Instead, the prosecution must prove that the drugs made you unable to drive safely. Even legally prescribed medications can lead to a DWI-D charge.
DWI with a Child Passenger
Under Texas Penal Code § 49.045, driving drunk with a passenger under 15 is a state jail felony that carries severe penalties and lasting consequences:
- State jail felony, punishable by 180 days to 2 years in state jail
- Fines up to $10,000
- Driver’s license suspension for up to 2 years
- Mandatory ignition interlock device installation
- Criminal record
- Potential impact on child custody and visitation rights
If you’re facing DWI charge with a child passenger, contact our defense team immediately. The stakes are too high to handle alone, and early intervention gives us the best opportunity to protect your rights and work toward the best outcome possible.
Probation
If you are convicted or plead guilty to a DWI, the court may grant probation instead of jail or prison time, depending on the details of your case.
In Texas, a misdemeanor DWI probation can last up to two years, while felony DWI probation may be granted for up to ten years. Learn more about probation eligibility, conditions, and how our legal strategies may help you avoid harsher penalties. Contact us today.
License Suspension
If your license has been suspended due to a DWI or another offense, you may be eligible for an Occupational Driver’s License (ODL), which allows you to drive legally under specific conditions.
At the Law Offices of RJ Harber, we can guide you through the legal process to request an ODL and help you meet the necessary deadlines. Our law office can guide you through the ODL application process, so that all necessary documents are prepared correctly if you meet the court’s requirements.
DWI from a Car Accident
Texas Transportation Code section 550.021 states that the driver of a vehicle involved in an accident resulting in the injury or death of another must stop at or close to the scene or immediately return if unable to stop.
Failure to Stop and Give Information
(FSGI), commonly known as a hit-and-run, occurs when a driver fails to stop and provide their name, insurance, and other required information after an accident. If the damage is less than $200, the offense is a Class C misdemeanor. If the damage is $200 or more, it is a Class B misdemeanor, punishable by up to 180 days in jail and/or fines up to $2,000.
Failure to Stop and Render Aid
(FSRA) is another serious offense, under Texas law. It states that the operator of a vehicle involved in an accident resulting in injury to or death of a person shall:
- Immediately stop the vehicle at the scene of the accident or as close to the scene as possible.
- Immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident.
- Remain at the scene of the accident until the operator complies with the requirements of Section 550.023.
- An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than necessary.
- A person commits an offense if the person does not stop or does not comply with the requirements of this section.
Penalties for FSRA depend on the severity of injuries:
- If the accident caused serious bodily injury, it is a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000.
- If the accident resulted in death, it is a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000.
- If the accident caused non-serious injury, it is a state jail felony, carrying 180 days to 2 years in a state jail facility and fines up to $10,000.
FSRA is always classified as a felony in Texas. The severity of the felony depends on whether the accident caused non-serious injury, serious bodily injury, or death. FSGI can be either a misdemeanor (if only property damage occurred) or a felony (if injury or death occurred).
How our DWI Defense Attorneys Can Help
When facing DWI charges in Dallas, having experienced legal representation can make a difference in your case outcome. Our defense team brings over 15 years of DWI defense experience and prosecutor insight to protect your rights and freedom. Here’s how we fight for you:
Immediate Case Analysis
From the moment you contact us, we begin working to protect your interests. We examine every aspect of your arrest, including the initial traffic stop, field sobriety tests, and chemical test procedures. Our team looks for procedural errors, rights violations, and other factors that could lead to reduced charges or case dismissal.
Strategic Defense Planning
As former prosecutors, we know exactly how the state builds its case against you. We use this insight to develop strong defense strategies, whether challenging breath test accuracy, questioning probable cause for the stop, or negotiating with prosecutors for reduced charges. Every case is unique, and we tailor our approach to your specific circumstances.
Court Representation
Our attorneys handle all court appearances and negotiations on your behalf. We have extensive experience with Dallas County courts, local prosecutors, and judges. This allows us to navigate the legal system effectively while advocating for your best interests throughout the entire process.
What to Do After a DWI Arrest in Texas
Being arrested for Driving While Intoxicated (DWI) in Texas can be overwhelming, but the steps you take following the arrest can impact the outcome of your case. The legal process moves quickly, and knowing how to protect your rights from the start is essential.
1. Stay Calm and Exercise Your Rights
After an arrest, it’s crucial to remain calm and avoid making statements that could be used against you. You have the right to refuse field sobriety tests (FSTs), and there are no legal penalties for doing so. However, under Texas’ implied consent law, refusing a breath or blood test results in an automatic license suspension. Anything you say to law enforcement can be used in court, so it’s best to remain silent until you consult an attorney.
2. Request a Hearing to Protect Your License
If you refused a chemical test or failed a breath or blood test, you have 15 days from the arrest to request an ALR hearing to challenge your license suspension. Missing this deadline means your license will be suspended automatically, so acting fast is a must.
3. Gather and Preserve Evidence
Start documenting everything you remember about the arrest, including:
- Where you were stopped and what led to the traffic stop.
- Any statements made by law enforcement.
- Whether you were given proper instructions during sobriety tests.
- If any dashcam or bodycam footage may be available.
This information could be useful in identifying procedural errors or violations of your rights.
4. Contact an Experienced Texas DWI Attorney
DWI charges carry serious consequences in Texas, including fines, jail time, and long-term impacts on your driving record and insurance rates. An experienced DWI attorney can go over the details of your arrest, challenge evidence, and explore options to reduce or dismiss the charges.
Contact Us for a Free Consultation
Whether your DWI involved a high BAC or hit-and-run, RJ Harber is an experienced Dallas DWI attorney who has been working in Dallas County as a criminal defense lawyer for more than a decade.
By hiring an experienced DWI attorney, you are ensuring that your case will be handled properly. RJ Harber is well-versed in Dallas DWI law and has the knowledge to make sure his clients get top-notch representation. Contact our law office today for a free consultation.
Frequently Asked Questions
What happens after a DWI arrest in Dallas, TX?
The first thing that happens during a DWI arrest is that the police officer will request either a breath or blood test to verify your blood alcohol concentration. Your driver’s license may be open to administrative license revocation, and you typically have only 15 days to request a hearing to protect your driving privileges. This is why contacting a Dallas DWI defense lawyer is highly recommended.
What are the penalties for a DWI in Texas?
Texas DWI penalties vary based on the offense. A first-time DWI is typically a Class B misdemeanor, punishable by up to 180 days in jail, fines up to $2,000, and a license suspension of up to one year. However, if the BAC is 0.15% or higher, the charge is elevated to a Class A misdemeanor, with a maximum jail sentence of one year and fines up to $4,000.
What is the difference between a DWI and a DUI in Texas?
In Texas, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are distinct charges. DUI specifically applies to minors under 21 who have any detectable amount of alcohol in their system while driving—even below the .08 BAC limit. This is a Class C misdemeanor for minors.
DWI, on the other hand, applies to drivers of any age who are legally intoxicated (BAC of .08 or higher) or have lost the normal use of mental or physical abilities due to alcohol or drugs.
Can I drive while my case is pending?
If your license is suspended due to a DWI arrest, you may be eligible for an Occupational Driver’s License (ODL), which allows you to drive legally for essential activities like work and medical appointments. A DWI attorney can assist with the application process through the Texas Department of Public Safety and the appropriate district court. If you request an ALR hearing within 15 days of your arrest, you may be able to delay or prevent suspension while your case is pending.
How blood alcohol testing can affect my defense?
Breath and blood tests must follow strict technical and procedural requirements to be valid in court. A strong defense may involve challenging the accuracy of test results, including improper calibration of breathalyzers, contamination in blood samples, or failure to follow chain-of-custody protocols. Additionally, if law enforcement lacked probable cause or reasonable grounds for the traffic stop, any test results may be inadmissible in court.
How can a Dallas DWI lawyer help with my case?
A Dallas DWI lawyer with trial experience can provide a strong legal defense against DWI charges. The attorneys at RJ Harber’s law offices are familiar with local court procedures in the Dallas area and can use their knowledge of the legal system to develop a customized defense strategy. A DWI lawyer can challenge evidence, represent you in ALR hearings, negotiate plea deals, and defend you in court to seek the best possible outcome.
What should I look for when choosing a DWI defense lawyer?
Look for an experienced attorney with specific DWI law experience. Former prosecutors often provide valuable insight into case strategy. Consider factors like their experience with the criminal justice system, trial skills, and track record handling DWI cases.
How is the court process for a DWI case?
The court process for a DWI case includes several stages:
- Arraignment – Your first court show, where you enter a plea.
- Pre-trial conferences – Negotiations with prosecutors and case review.
- Motion hearings – Your attorney may challenge evidence.
- Trial (if necessary) – If no plea agreement is reached, the case proceeds to trial.
How can completing an education program affect my DWI case?
Completing an approved DWI education program may help reduce penalties in your case. Texas courts often require DWI offenders to complete alcohol awareness or intervention programs as part of probation or license reinstatement. In some cases, voluntarily enrolling in a program may show the court your commitment to rehabilitation and help in plea negotiations. Your attorney can advise on whether participating in a DWI education program may benefit your specific case.
What makes a DWI a felony rather than a misdemeanor?
- A DWI becomes a felony under Texas law in the following situations:
- Third or subsequent DWI offense → Third-degree felony (2–10 years in prison, up to $10,000 fine).
- DWI with a child passenger (under 15 years old) → State jail felony (180 days to 2 years in state jail, up to $10,000 fine).
- DWI causing serious bodily injury (Intoxication Assault) → Third-degree felony (2–10 years in prison, up to $10,000 fine).
- DWI causing death (Intoxication Manslaughter) → Second-degree felony (2–20 years in prison, up to $10,000 fine).
Felony DWI charges carry severe penalties, including longer prison sentences and a criminal record. Having experienced legal representation is critical to building a strong defense.