DWI defence

Criminal Defense

You have fifteen days to save your licence.

When you refuse a breath or blood test, or provide a specimen over the limit, the officer serves a notice that begins the Administrative Licence Revocation process. From the date of that notice you have fifteen days to request a hearing. Miss the deadline and the suspension takes effect automatically, whatever eventually happens with the criminal charge.

Requesting that hearing is worth doing for a second reason: it puts the arresting officer under oath months before trial, on the record, about the stop and what they claim to have seen.

Where these cases are actually won

• The stop. An officer needs reasonable suspicion to pull you over. Weaving inside your own lane, a lawful wide turn, or a vague anonymous tip may not be enough — and if the stop fails, everything after it goes with it.
• The field sobriety tests. The standardised tests have to be administered exactly as trained to mean anything. Roadside conditions, footwear, injuries, weight and age all affect them, and the dashcam frequently shows a performance far better than the report describes.
• The breath test. The instrument has maintenance and calibration records, the operator has a certification, and the fifteen-minute observation period is often not what the paperwork claims.
• The blood draw. Warrant validity, who drew the specimen and how, the chain of custody, storage, fermentation, and the laboratory's own procedures and error rate.

What the charge carries in Texas

A first DWI is generally a Class B misdemeanor, with a higher Class A range where the alcohol concentration is 0.15 or more. A second offence is a Class A misdemeanor, and a third is a felony. A child passenger under 15 turns it into a felony charge on its own. Beyond the court sentence there are surcharges, insurance consequences, an interlock requirement in many cases, and a conviction that does not come off your record.

The options are not only trial or plea

Depending on the facts and your history, the realistic paths can include a pretrial motion that ends the case, a reduction to a non-DWI offence, a diversion or first-offender programme, or a not-guilty verdict. Which of those is actually available depends on details found in the file — which is why we ask for the video and the lab material early rather than negotiating blind.

Fees, and what you get for them

Criminal matters are quoted as a flat fee for a defined stage of the case, so you know what representation costs before you commit to it. Payment plans are available. What the fee buys is a lawyer who appears at your settings, reads the file rather than skimming it, and tells you honestly which parts of the State's case are weak and which are not.

Common questions