Dallas DWI Lawyer

What counts as DWI in Texas?

Penal Code 49.04 makes it a crime to operate a motor vehicle in a public place while intoxicated. Penal Code 49.01 defines "intoxicated" two ways:

• Loss of normal use: not having the normal use of your mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of these, or any other substance.
• Per se: an alcohol concentration of 0.08 or more.

Because of the first definition, a person can be charged with DWI below 0.08, or with no alcohol at all, if the State claims prescription medication or another drug affected their driving. The State only has to prove one definition.

What are the penalties for DWI in Texas?

On top of the court fine, Transportation Code 709.001 adds a state fine after a final DWI conviction: $3,000 for a first conviction within 36 months, $4,500 for a second or later conviction within 36 months, and $6,000 if the test showed 0.15 or more. The court can waive it for a person who cannot pay.

What happens to my driver's license after a DWI arrest?

The license case is called Administrative License Revocation (ALR). It is separate from the criminal case and is decided by an administrative law judge, not the criminal court.

• 15-day deadline: under Transportation Code 524.031, DPS must receive your hearing request no later than the 15th day after you receive the notice of suspension.
• Day 40: if no hearing is requested, the suspension usually takes effect on the 40th day after notice.
• Failed test: 90 days, or 1 year if your record shows an alcohol- or drug-related enforcement contact in the prior 10 years (524.022).
• Refused test: 180 days, or 2 years with a prior contact in the prior 10 years (724.035).

Requesting the hearing protects your right to challenge the suspension, and it can give your attorney an early chance to question the arresting officer under oath. See ALR hearings in Texas.

Can I still drive during a suspension?

Often, yes, with an occupational driver's license. A judge's order must list the hours, reasons and routes you may drive and whether an ignition interlock is required (Transportation Code 521.244).

Should I have refused the breath or blood test?

Texas has an implied consent law: by driving, you are considered to have consented to a breath or blood test after a lawful DWI arrest. Refusing leads to a longer license suspension, and officers can seek a search warrant for a blood sample when a driver refuses. A refusal can also be used as evidence at trial. What matters now is how the test or refusal was handled, which your attorney can review.

Is deferred adjudication available for a DWI?

Since September 1, 2019, a judge may place some DWI defendants on deferred adjudication. It is not available if the test showed 0.15 or more, or if the person held a commercial driver's license or permit at the time of the offense (Code of Criminal Procedure 42A.102). Deferred adjudication can avoid a final conviction if completed successfully.

Will I need an ignition interlock?

• As a bond condition: for a second or later DWI, DWI with a child passenger, intoxication assault or intoxication manslaughter, the magistrate must generally order an interlock on release (Code of Criminal Procedure 17.441).
• On probation: the court must order an interlock for a 0.15 or higher result and for certain repeat offenses (42A.408), and may order it in other DWI cases.

When does a DWI become a felony?

A DWI is a felony when there are two prior intoxication-related convictions, one prior intoxication manslaughter conviction, a passenger under 15, or serious bodily injury or death. See felony DWI, DWI with a child passenger and intoxication assault.

How are DWI cases defended?

Every case is different, but these are the questions a defense attorney usually asks first:

• Was there reasonable suspicion for the stop and probable cause for the arrest?
• Were the standardized field sobriety tests given and scored the way they are supposed to be?
• Was the breath test instrument maintained and operated correctly, and was the observation period followed?
• For blood, was there a valid warrant or consent, and is the chain of custody and lab analysis sound?
• Does the video match the officer's report?
• Was the test result at the time of testing a reliable measure of the alcohol level at the time of driving?

What should I do in the first days after a DWI arrest?

1. Find the notice of suspension and bond paperwork, and write down your court date
2. Request the ALR hearing within 15 days
3. Follow every bond condition, including any interlock or monitoring
4. Do not discuss the arrest on recorded jail phones, by text or on social media
5. Write down what you ate and drank and when, and the details of the stop, for your attorney only

What if I have a commercial driver's license?

A DWI arrest can affect a CDL even if you were driving your personal vehicle. Commercial drivers are not eligible for DWI deferred adjudication, and a refusal or a test of 0.04 or more in a commercial vehicle carries its own consequences. Tell your attorney right away if you hold a CDL.

Can a DWI be removed from my record?

A DWI arrest that ends in dismissal or acquittal may be eligible for expunction. A conviction cannot be expunged, but an eligible first DWI can be sealed with an order of nondisclosure after a waiting period: 2 years after deferred adjudication (Government Code 411.0726); 2 years after community supervision with at least 6 months of interlock, otherwise 5 years (411.0731); or 3 years after a sentence with at least 6 months of interlock, otherwise 5 years (411.0736). Cases with a 0.15 or higher result and certain other facts are excluded. See can a DWI be sealed in Texas?

Where will your Dallas County DWI case be heard?

A Dallas County DWI arrest is usually booked at the Lew Sterrett Justice Center, where a magistrate sets bond. Bond conditions in DWI cases often include an ignition interlock: Code of Criminal Procedure 17.441 requires one for a repeat DWI or a felony intoxication offense unless the magistrate finds it is not in the interest of justice, and magistrates can order one in other cases. Misdemeanor DWIs (first and second offenses) are filed in the Dallas County Criminal Courts, and felony DWIs go to a grand jury and then the Criminal District Courts. Both are at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. The Dallas County District Attorney's Office prosecutes both. See what happens at Lew Sterrett.

Is there DWI diversion in Dallas County?

The Dallas County District Attorney's Office runs pretrial diversion and specialty court programs, and eligibility is set by the DA's office. Whether a particular DWI case qualifies depends on the current program rules and the facts, so we check eligibility case by case rather than promising a program. Deferred adjudication, a reduction, or a dismissal may be options depending on the evidence.

Is DUI different from DWI in Texas?

Yes. In Texas, "DUI" usually refers to a minor (under 21) operating a vehicle with any detectable amount of alcohol, a separate offense under Alcoholic Beverage Code 106.041. Adults are charged with DWI. People often use the terms interchangeably.

How much does a DWI cost?

The criminal fine is up to $2,000 for a Class B or $4,000 for a Class A, and a final conviction adds the state traffic fine of $3,000, $4,500 or $6,000 under Transportation Code 709.001, which the court must waive for people found indigent. The old DWI surcharges were repealed in 2019. See what a DWI costs.

Do you handle DWI cases outside Dallas County?

Yes. From our downtown Dallas office we handle DWI cases in 12 counties, including Fort Worth (Tarrant County), McKinney and Plano (Collin County), Denton County, Cleburne (Johnson County) and Waxahachie (Ellis County). See all service areas.

What happens next?

1. Release on bond, often with conditions such as an interlock or alcohol monitoring
2. ALR hearing request within 15 days
3. First court setting, where your attorney requests the video, reports and test records
4. Negotiation, motions to suppress evidence, or trial

What is the timeline of a Dallas County DWI case?

Every case is different, but most Dallas County DWI cases follow the same sequence. Knowing it helps you avoid missed deadlines.

What should I expect at each Dallas court stage?

First setting. In county criminal court, the first setting is usually procedural. Your lawyer confirms representation, receives or requests discovery, and gets the next date. The case is often reset several times while evidence is gathered; each reset is called a "pass" or "reset."

Discovery and review. The State must produce, on request, the offense report, video, witness statements and test records that are material to the case (Code of Criminal Procedure 39.14). In a DWI case the most important evidence is usually the dash camera and body camera video, the field sobriety test notes, and the breath test or blood lab records.

Motions. If the stop, the arrest or the blood draw was unlawful, a motion to suppress asks the judge to exclude the evidence. A suppression hearing is a mini-trial on that issue, usually with the officer testifying.

Plea or trial. If the case resolves by agreement, the plea is entered in front of the judge. If it goes to trial, a misdemeanor jury in Texas county court has six jurors, and a felony jury has twelve. You can choose whether the judge or the jury decides punishment if you are found guilty, by making that election before trial (Code of Criminal Procedure 37.07).

Which DWI defenses are commonly raised?

Defenses depend on the evidence, but these issues come up again and again in Texas DWI cases:

• The reason for the stop. An officer needs reasonable suspicion of a traffic violation or crime to pull you over. If the video does not show the violation described in the report, that matters.
• Field sobriety tests. The standardized tests (horizontal gaze nystagmus, walk-and-turn, one-leg stand) are supposed to be given and scored in a standardized way. Surface, footwear, weather, medical conditions and the instructions given all affect the results.
• Breath testing. Texas uses evidential breath instruments operated under state rules that include an observation period before the test and maintenance and calibration requirements. Records for the specific instrument can be requested.
• Blood testing and warrants. Police generally need a warrant or valid consent to draw blood; the U.S. Supreme Court held in Missouri v. McNeely (2013) that the natural dissipation of alcohol does not automatically create an emergency. Lab procedures, chain of custody and retesting of the sample can be examined.
• Extrapolation. A test taken an hour or more after driving does not necessarily show the concentration at the time of driving. Texas courts limit "retrograde extrapolation" testimony to experts who can explain the science and apply it reliably to the person (Mata v. State, Texas Court of Criminal Appeals, 2001).
• "Operating" and "public place." The State must prove you operated the vehicle and that it was in a public place. Cases involving parked cars or private property can raise these issues.
• Other explanations. Fatigue, medical conditions, injuries and nervousness can look like signs of intoxication on video.

What are the collateral consequences of a DWI?

• Driving: ALR suspension, possible criminal suspension after conviction, and interlock requirements.
• Insurance: many drivers must file proof of financial responsibility (often an SR-22) for an occupational license or reinstatement, and premiums often rise.
• Commercial drivers: CDL disqualification can follow a DWI or a refusal, even in a personal vehicle, and DWI deferred adjudication is not available to CDL holders.
• Employment and professional licenses: some employers and licensing boards ask about arrests or convictions.
• Future cases: a DWI conviction, and in some cases deferred adjudication, can be used to enhance a later DWI. Texas has no time limit on prior DWIs for enhancement under Penal Code 49.09.

Checklist: what to gather for your DWI consultation

• The notice of suspension (DIC-25) or temporary driving permit, and the date you received it
• Bond paperwork and any interlock or monitoring orders
• Citations, property receipts and the vehicle tow or release papers
• A written timeline: where you were, what you ate and drank and when, when you were stopped, and what tests were given
• Names of anyone who was with you or saw you before the stop
• Receipts or bank records that show times and places
• Any medical conditions or medications that could affect balance, speech or eye movement
• Whether you hold a commercial license or professional license

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026