Criminal Defense
DWI / DUI
Defense against driving while intoxicated charges in state court, from first-time misdemeanor to felony repeat offenses.
A DWI arrest in Texas creates two cases against you: the criminal case in court, and an administrative license suspension case (ALR) with the Texas Department of Public Safety. The ALR clock starts immediately - you have 15 days from the date of arrest to request an ALR hearing or your license is automatically suspended. Many people miss this deadline simply because no one tells them.
On the criminal side, a first DWI is generally a Class B misdemeanor (up to 180 days in jail and a $2,000 fine), but the consequences compound quickly: a DWI with a BAC of 0.15 or higher is a Class A, a second DWI is a Class A, a third is a third-degree felony, and a DWI with a child passenger is a state jail felony. License suspensions, ignition interlock requirements, and DPS surcharges layer on top.
A defensible DWI case is rarely about disputing that the client had a drink. It is about whether the officer had reasonable suspicion to stop, whether the field sobriety tests were administered correctly under NHTSA standards, whether the breath or blood test was properly conducted and the machine maintained, and whether the prosecution can prove loss of normal faculties beyond a reasonable doubt.
We handle DWI cases in Starr, Hidalgo, Cameron, and Webb County courts. We try them when the evidence will not support the charge, negotiate them down when the evidence will not support the maximum, and use deferred or pretrial diversion programs where available.
Common scenarios
Situations we see often
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First-time DWI after dinner with wine
You had two glasses of wine over dinner, were pulled over for a minor traffic violation, blew above 0.08 on the roadside, and were taken to jail.
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Blood draw after refusing the breath test
You refused the portable breath test, a warrant was issued, and your blood was drawn at the hospital. The state's case is built on the blood result.
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Second DWI several years after the first
You have a prior DWI from years ago. A new arrest converts this to a Class A misdemeanor with mandatory jail time consequences and a longer license suspension.
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DWI with a child passenger
A child under 15 was in the vehicle. The charge is now a state jail felony with much more serious consequences.
Anonymized case stories
Real-life examples
Every case is unique. Identifying details have been modified to protect client confidentiality.
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A first-time DWI client was stopped on US-83 after a traffic violation. The dash-cam showed marginal field sobriety performance and the breath result was barely above the limit. We challenged the stop and the calibration records on the intoxilyzer. The prosecutor offered a reduction to obstruction of a highway with a non-disclosure path.
DWI reduced to non-DWI offense, non-disclosure eligible.
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A CDL holder was arrested at 0.05 BAC. Because the per se limit for CDL operators is 0.04, the case carried career consequences far beyond a typical first DWI. We filed an ALR request inside the 15-day window, kept the commercial license active, and negotiated a plea that preserved the CDL.
Commercial driving license preserved.
What to do
If this happens to you
Do not say anything to the officer beyond identifying yourself. You have a right to remain silent and a right to refuse field sobriety tests and the roadside breath test. (Note: Texas implied consent law has separate consequences for refusing a chemical test post-arrest, including automatic license suspension.) Be polite, be quiet, and ask for a lawyer.
Within 15 days of arrest, request an ALR hearing in writing. Missing this deadline forfeits the chance to fight the administrative license suspension. Get a lawyer involved before the first court appearance.
How we help
How our firm can help
We request the ALR hearing within the deadline, request and review the in-car video and body-worn camera footage, the dispatch records, the calibration and maintenance records on the breath instrument, and the qualifications of any blood draw technician. Many DWI cases have suppressible evidence the prosecution would rather you never look at.
We negotiate from prepared. Where the case is weak for the state, we move to dismiss or proceed to trial. Where the case is strong, we work toward the best available outcome: deferred adjudication where available, reduced charges, minimum sanctions, and avoidance of collateral immigration and employment consequences.
Evidence
What evidence we will need
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Probable-cause affidavit and offense report
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Dash-cam and body-cam from every officer on scene
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Intoxilyzer 9000 / Intoxilyzer 5000 calibration and maintenance records
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Blood draw chain of custody and lab worksheet
For cases involving a warrant blood draw.
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DIC-23 / DIC-24 statutory warnings paperwork
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Any medical records relevant to physical condition during testing
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Names and contact info of every passenger or witness
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Your TX DL number and any prior driving record
Cautions
What NOT to do
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Do not refuse and then drive home
A refusal triggers a longer Administrative License Revocation. Make the call to a lawyer first, before any test decision, if it is safe to do so.
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Do not skip the ALR hearing request
You have only 15 days from the date of arrest (or DIC-25 notice) to request an ALR hearing. Missing it surrenders your license without a fight.
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Do not talk to the officer about how much you drank
Every honest answer is admissible. The Fifth Amendment exists for a reason. Politely decline and ask for an attorney.
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Do not post about the arrest on social media
Prosecutors subpoena social platforms. Even self-deprecating jokes become exhibits.
Critical windows
Deadlines you should know
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ALR hearing request
15 daysTex. Transp. Code Ch. 524 / 724 - 15 days from arrest or DIC-25 service to request an Administrative License Revocation hearing.
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Occupational license petition
Anytime after suspensionAfter a license suspension, an occupational license can be requested to drive for work, school and essential needs.
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Texas DWI statute of limitations
2 years (most), 3 (felony)Misdemeanor DWI is generally 2 years (Tex. Code Crim. Proc. 12.02); felony DWI (third or higher, intoxication assault / manslaughter) is longer.
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15 days
to request an ALR hearing after a DWI arrest
Tex. Transp. Code Chapter 524
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0.08
BAC limit for a Texas DWI (0.04 for CDL operators)
Tex. Penal Code 49.04, 49.04(d)
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~1,000
DWI-related fatalities in Texas annually
Texas DPS / NHTSA
Common questions
Questions about DWI / DUI
I was offered deferred adjudication. Is that a conviction?
For most offenses deferred adjudication is not a final conviction. For DWI in Texas, however, deferred adjudication has historically not been available for many DWI charges - the law changed in 2019 to allow it for some first-time DWIs under specific conditions. Whether it is available depends on the charge and history.
Can I get my DWI off my record?
A DWI conviction generally cannot be expunged. A DWI that was dismissed or that ended in an acquittal can be expunged in many cases. Eligibility depends on the case outcome and Texas Code of Criminal Procedure 55 requirements.
Do I have to install an ignition interlock?
Many DWI cases require an interlock as a condition of bond or as a condition of community supervision after disposition. The court has discretion to require interlock in some first-offense cases as well.
Will I lose my CDL?
Likely yes. A DWI conviction generally results in a one-year CDL disqualification on a first offense and a lifetime disqualification on a second. CDL disqualification can apply even if the DWI occurred in a personal vehicle.
Related topics
More under Criminal Defense
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.