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DWI Defense
Dallas DWI Defense Lawyer
A DWI arrest can put your license, your job, and your record at risk. Attorney Avia Gauthier defends drivers charged with DWI across Dallas, Collin, and Denton Counties.
Overview
Understanding a DWI Charge in Texas
Under Texas Penal Code § 49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated. “Intoxicated” can mean having an alcohol concentration of 0.08 or more, or not having the normal use of your mental or physical faculties because of alcohol, drugs, or a combination of substances.
That second definition matters. A driver can be charged with DWI even when no breath or blood test result exists, based on an officer's observations of driving, speech, balance, and performance on field sobriety tests. Each piece of that evidence can be examined and, where appropriate, challenged.
A DWI case also moves on two tracks at once: the criminal case in court, and a separate administrative case over your driver's license. Missing a deadline in the license case can mean an automatic suspension.
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Get answers about your charge, your deadlines, and your options.
Penalties
DWI Charges and Penalty Ranges
The possible punishment depends on the specific charge, the facts alleged, and your history.
| Charge | Classification | General Penalty Range |
|---|---|---|
| DWI, first offense | Class B misdemeanor | Up to 180 days in jail (72-hour minimum) and a fine up to $2,000 |
| DWI, first offense with an alcohol concentration of 0.15 or more | Class A misdemeanor | Up to 1 year in jail and a fine up to $4,000 |
| DWI, second offense | Class A misdemeanor | 30 days to 1 year in jail and a fine up to $4,000 |
| DWI, third or subsequent offense | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| DWI with a passenger younger than 15 | State jail felony | 180 days to 2 years in a state jail facility and a fine up to $10,000 |
| Intoxication assault | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| Intoxication manslaughter | Second-degree felony | 2 to 20 years in prison and a fine up to $10,000 |
Building a Defense
Questions a DWI Defense Can Raise
No defense applies to every arrest. These are some of the issues a careful review of a DWI case can examine.
The reason for the stop
Police generally need reasonable suspicion to pull a driver over. If the stop was not lawful, evidence gathered afterward may be subject to challenge.
Field sobriety tests
Standardized field sobriety tests are supposed to be given and scored in specific ways. Weather, footwear, road surfaces, medical conditions, and officer instructions can all affect the results.
Breath and blood testing
Breath-test instruments must be properly maintained and operated, and blood samples must be collected, stored, and analyzed under reliable procedures. Records and lab documentation can reveal problems.
Video evidence
Dash-camera and body-camera footage can show what actually happened during the stop and arrest, and it doesn't always match the written report.
Your driver's license
The ALR hearing is a separate proceeding with its own deadline. It can protect your driving privileges and may offer an early opportunity to question the arresting officer.
Options beyond trial
Depending on the facts and your record, a dismissal, a reduced charge, or deferred adjudication for certain first offenses may be possible. No outcome can be promised in advance.
FAQ
DWI Defense Questions
More questions? See the general criminal defense FAQ or read what to do after an arrest.
If you refused a breath or blood test, or if a test showed an alcohol concentration of 0.08 or more, the officer will typically serve you with a notice of suspension. The suspension usually takes effect 40 days after that notice unless you request an Administrative License Revocation (ALR) hearing within 15 days.
For a first offense, a failed test commonly results in a 90-day suspension, and a refusal in a 180-day suspension. You may also be eligible for an occupational driver's license that allows limited driving during a suspension.
There's no single right answer, and what already happened can't be changed. A refusal usually leads to a longer license suspension and can be mentioned at trial, but it also means the State has no breath-test result to rely on. An attorney can review how the refusal happened and what evidence the State actually has.
Sometimes. Charges may be dismissed or reduced when evidence is suppressed, when testing was unreliable, or when the facts don't support the charge. Whether that's realistic depends entirely on your case, and no attorney can guarantee a particular result.
Texas law allows deferred adjudication for some first-time DWI offenses, but not in every case. Eligibility can depend on factors such as the alcohol concentration alleged and whether the driver holds a commercial driver's license, and it typically comes with conditions such as an ignition interlock device.
An arrest creates a record even if the case is later dismissed. Depending on how the case ends, you may be able to seek an expunction or an order of nondisclosure. Eligibility rules are specific, so it's worth asking about early.
As soon as possible. The 15-day window to request an ALR hearing starts right away, and video and other evidence are easier to obtain early in a case.
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This page provides general information about Texas law, not legal advice, and laws change. Reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome. See the full disclaimer.
Arrested for DWI?
Speak with attorney Avia Gauthier about your charges and your options. Call (214) 377-0786 or send a message to request a consultation.
Contacting Gauthier Law Firm does not create an attorney-client relationship. Please do not send confidential information until an attorney-client relationship has been established.