Driving While Intoxicated (DWI) Defense in Rockwall, Dallas, Kaufman, Collin, & Hunt Counties

A charge of Driving While Intoxicated (DWI) in Texas is a serious legal matter with potentially life-altering consequences. If you or a loved one are facing DWI accusations in Rockwall County, Dallas County, Kaufman County, Collin County, or Hunt County, securing knowledgeable legal representation is the most critical step you can take. Larman Law is dedicated to providing aggressive and strategic defense for individuals navigating the complexities of Texas DWI law.

What Does DWI Mean in Texas?

In Texas, you can be charged with Driving While Intoxicated (DWI) if you operate a motor vehicle in a public place while intoxicated. "Intoxicated" means:

• Not having the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, a dangerous drug, or a combination of two or more of those substances.

• Having an alcohol concentration of 0.08% or more (Blood Alcohol Concentration, or BAC).

It's important to note that even if your BAC is below 0.08%, you can still be considered intoxicated if your mental or physical faculties are impaired. For drivers under 21, Texas has a "zero tolerance" policy, meaning any detectable amount of alcohol can lead to charges.

DWI vs. DUI in Texas: What's the Difference?

While many states use "DUI" (Driving Under the Influence) and "DWI" interchangeably, in Texas, they are distinct:

• DWI (Driving While Intoxicated): Applies to individuals of any age operating a vehicle while intoxicated as defined above (BAC of 0.08% or more, or loss of mental or physical faculties).

• DUI (Driving Under the Influence): In Texas, "DUI by a Minor" specifically refers to a person under 21 operating a motor vehicle with any detectable amount of alcohol in their system. The penalties for DUI by a Minor are generally less severe than for DWI but can still impact a young person's future.

What are the Potential Penalties for a Texas DWI Conviction?

The consequences of a DWI conviction in Texas vary significantly based on prior offenses and aggravating factors. Penalties can include fines, jail time, driver's license suspension, mandatory education programs, community service, and the installation of an Ignition Interlock Device (IID).

Here's a general overview of the punishment ranges for common DWI offenses in Texas:

• First Offense DWI

  • Offense Level: Class B Misdemeanor

  • Fine: Up to $2,000

  • Jail: 72 hours to 180 days in county jail

  • License Suspension: 90 days to 1 year

  • Additional State Surcharge: $1,000 per year for 3 years to retain license

• First Offense DWI with BAC of 0.15% or More

  • Offense Level: Class A Misdemeanor

  • Fine: Up to $4,000

  • Jail: 72 hours to 1 year in county jail

  • License Suspension: 90 days to 1 year

  • Additional State Surcharge: $2,000 per year for 3 years to retain license

• Second Offense DWI

  • Offense Level: Class A Misdemeanor

  • Fine: Up to $4,000

  • Jail: 30 days to 1 year in county jail

  • License Suspension: 180 days to 2 years

  • Additional State Surcharge: $1,500 per year for 3 years to retain license

• Third or Subsequent Offense DWI

  • Offense Level: Third Degree Felony

  • Fine: Up to $10,000

  • Prison: 2 to 10 years in Texas state prison

  • License Suspension: 180 days to 2 years

  • Additional State Surcharge: $1,500 per year for 3 years to retain license

• DWI with a Child Passenger (under 15 years old)

  • Offense Level: State Jail Felony (regardless of whether it's a first offense)

  • Fine: Up to $10,000

  • State Jail: 6 months to 2 years in a state jail facility

  • License Suspension: 90 days to 2 years

• Intoxication Assault (DWI causing serious bodily injury to another)

  • Offense Level: Third Degree Felony

  • Fine: Up to $10,000

  • Prison: 2 to 10 years in Texas state prison

  • License Suspension: 180 days to 2 years

• Intoxication Manslaughter (DWI causing death of another)

  • Offense Level: Second Degree Felony

  • Fine: Up to $10,000

  • Prison: 2 to 20 years in Texas state prison

  • License Suspension: 180 days to 2 years

Note: These are general punishment ranges. Specific outcomes depend on the unique facts of each case, the county of prosecution, and the judge or jury involved. This information is not exhaustive, and additional conditions like probation, community service, and alcohol treatment are often imposed.

Will I Lose My Driver's License?

A DWI arrest can trigger two separate processes that impact your driver's license:

1. Administrative License Revocation (ALR): This is a civil process initiated by the Department of Public Safety (DPS) and is separate from your criminal case. Your license can be suspended if you refuse a breath/blood test or if you fail one (BAC of 0.08% or higher). In most cases, you only have 15 days from the date of arrest to request a hearing to contest this administrative suspension. Missing this deadline results in automatic suspension.

2. Criminal Conviction Suspension: If you are ultimately convicted of DWI in criminal court, your driver's license will be suspended as part of your sentence.

An experienced DWI attorney can represent you at your ALR hearing and, if your license is suspended, assist you in pursuing an Occupational Driver's License (ODL), which may allow you to drive for essential needs like work, school, and essential household duties.

Can a DWI Charge Be Fought?

Yes. An arrest for DWI does not automatically mean a conviction. There are numerous strategies a skilled DWI defense attorney can employ, depending on the specifics of your case. This may include challenging:

• The legality of the traffic stop.

• The probable cause for arrest.

• The administration or results of Field Sobriety Tests.

• The accuracy or admissibility of breath or blood test results.

• Witness testimony and police procedures.

Every DWI case in Rockwall, Dallas, Kaufman, Collin, and Hunt Counties has unique facts and legal nuances. It is crucial to have an attorney who understands these complexities and can identify the best defense strategy for you.

Why Choose Larman Law for Your DWI Defense?

Facing a DWI charge is overwhelming, but you don't have to face it alone. Larman Law provides comprehensive legal defense, guiding clients through every step of the criminal justice system. As an attorney specializing in criminal appeals and dedicated to criminal defense, Jason Larman brings a depth of legal knowledge to every DWI case.

From challenging the initial traffic stop to negotiating with prosecutors or representing you at trial, Larman Law is committed to protecting your rights and fighting for the best possible outcome in your Rockwall County DWI, Dallas County DWI, Kaufman County DWI, Collin County DWI, or Hunt County DWI case.

Don't wait. The sooner you seek legal counsel, the more options may be available for your defense. Contact Larman Law today for a confidential consultation.

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Disclaimer: This page is intended for informational purposes only and does not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and to update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this page does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.