A DWI Can Derail Your Future. A Texas DWI Lawyer Can Protect Your Rights.

One of the biggest misconceptions about driving while intoxicated (DWI) is that it is just a minor traffic ticket. This could not be more incorrect. A DWI charge or conviction affects far more than just your driving privileges. It can permanently damage your career, limit your housing options, threaten your custody and visitation rights, and leave you with a criminal record.

At LBD Law, we understand just how high the stakes are. We have helped numerous clients in Rockwall, McKinney, Greenville and throughout Texas reach favorable outcomes, including:

• Dismissed charges
• Reduced charges
• Reduced sentencing
• Alternative sentencing

Our goal is to reach the best outcome available to you. This way, you can put this stressful experience behind you and move forward with your life.

A Two-Front Battle: The Criminal Case vs. Administrative License Revocation (ALR)

When police arrest you for a DWI in Texas, you face two completely separate legal battles at the same time:

• The criminal case: The county or district courts handle this process. It determines your guilt or innocence and decides criminal penalties like jail time, probation and a permanent criminal record.
• The administrative license revocation (ALR): The Texas Department of Public Safety (DPS) handles this civil administrative process. It deals strictly with whether the state will suspend your driver’s license.

You have only 15 days from your arrest to request an ALR hearing to challenge your automatic license suspension. We highly recommend hiring an attorney to fight this hearing. It allows us to protect your driving privileges and gives us a critical early look at the state’s evidence.

Texas DWI Penalties

Even for a first-time standard offense, Texas prosecutors and judges do not go easy on DWI defendants. Standard, nonenhanced penalties generally include:

• First offense (class B misdemeanor): Up to $2,000 in fines, up to 180 days in jail and a driver’s license suspension up to one year.
• Second offense (class A misdemeanor): Up to $4,000 in fines, 30 days to one year in jail and a license suspension of up to two years.
• Third offense (third-degree felony): A $10,000 fine, two to 10 years in state prison and a license suspension of up to two years.

However, these do not include thousands of dollars in mandatory state surcharges, court costs and the expenses associated with installing an ignition interlock device (IID) on your car.

What Can Enhance Your DWI Penalties?

Under Texas law, certain factors can automatically upgrade a standard misdemeanor charge to a much more severe classification, bringing harsher penalties:

• High blood alcohol concentration (BAC of 0.15% or more): Upgrades the charge to a Class A misdemeanor, doubling the maximum fines and potential jail time.
• DWI with a child passenger: Becomes an automatic State Jail Felony, even for a first offense, which carries up to two years in state jail and fines up to $10,000.
• Open container: Increases the minimum jail time for a first-time offense to six days.
• Intoxication assault or manslaughter: Severe third- or second-degree felony charges if an accident causes serious injury or death.

Facing enhanced charges dramatically raises the stakes, but you do not have to accept them as final. Our experienced DWI lawyer, Attorney Lara Bracamonte Davila, will thoroughly scrutinize the state’s evidence. At LBD Law, we can challenge the accuracy of a high BAC reading or dispute whether the officer had a legal reason to pull you over in the first place. By exposing these weaknesses, we fight to get your severe enhancements reduced or completely dismissed.

Is It Possible To Defend Against A DWI?

There is no such thing as an open-and-shut DWI case. Even if a chemical test measures your blood alcohol content (BAC) over the legal limit, we can still build a powerful defense. We can often demonstrate that:

• The police officer administered the field sobriety tests or the breathalyzer incorrectly
• The police officer did not follow the correct procedures
• The police officer misinterpreted the field sobriety tests
• The breathalyzer was inaccurate
• You were sober when you began driving, but your BAC increased without your knowledge

Even if the evidence against you seems insurmountable, do not give up. LBD Law may still be able to successfully defend you against criminal charges.

What Clients Ask About DWI In Texas

When you face DWI charges in Texas, you need clear, straightforward answers about your situation. Below, we have addressed the most common questions our clients ask us.

What is the DWI blood alcohol limit in Texas?

In Texas, the legal BAC limit is 0.08% for most drivers aged 21 and over. For commercial drivers, the limit is stricter at 0.04%. Texas also has a zero tolerance policy for drivers under 21, as any detectable amount of alcohol can result in charges. However, even if your BAC is under these limits, officers can still arrest you if they believe alcohol has affected your ability to drive safely.

What happens if you refuse a breathalyzer test in Texas?

While you have the right to refuse a breathalyzer test, this decision comes with automatic penalties under the state’s implied consent laws. For your first refusal, the state will suspend your driver’s license automatically for 180 days. If you have prior refusals or DWI convictions, the suspension could last for up to two years. This administrative penalty happens regardless of whether you are ultimately convicted of DWI. Law enforcement may also still seek a warrant from a judge to take a blood sample from you. The decision to refuse is not always helpful or harmful to your case. It depends on your specific situation and whether police pursue additional evidence.

Can I get a hardship license after a DWI suspension?

Yes, you can apply for a hardship license, also known as an occupational license, to drive to important places, such as your job or school, after a DWI suspension. For first-time offenses, you have to wait 30 days before obtaining a license, while repeat offenses require longer waiting periods. However, if you refuse a chemical test when pulled over, you cannot get a hardship license at all and must wait until your full suspension ends.

How long does a DWI stay on your record in Texas?

A DWI conviction stays on both your criminal record and your Texas Department of Public Safety (DPS) driving record permanently, meaning it does not automatically expire. However, you may still have options to address it. If we help get your charges dismissed or you win an acquittal, you can petition for an expunction to completely erase the arrest from your record. If you were convicted of a first-time offense and completed all court requirements, you may instead qualify for an order of nondisclosure, which permanently seals the record from public background checks by employers and landlords.

Protect Yourself From DWI Charges

If you are facing a DWI charge in Texas, time is not on your side. Work with LBD Law now to protect your driving privileges, your freedom and your record.

Schedule an initial consultation today by calling us at 214-304-6640 or by sending us an email. We have three convenient locations in Greenville, McKinney and Rockwall.