Defending Those Accused of Driving While Intoxicated in Texas
In Texas, driving while intoxicated (DWI) is a serious offense that occurs when an individual operates a motor vehicle while under the influence of alcohol or drugs, or a combination of both. The level of impairment caused by these substances can significantly compromise a driver's ability to operate a vehicle safely, posing a substantial risk to themselves and others sharing the road. Thus, DWI laws are put in place to ensure public safety and prevent accidents, injuries, and fatalities caused by impaired driving.
Navigating the legal intricacies of a DWI accusation can be daunting, but you're not alone. If you've been accused of DWI in Tarrant County, our dedicated team of experienced Fort Worth DWI lawyers at Blake & Blake, LLP is here to provide you with guidance and unwavering support. We understand the challenges you're facing, and we're committed to helping you understand your rights, options, and the steps you should take if you've been accused of drunk driving. Your future is important to us, and we're ready to fight for your best interests every step of the way.
Protect your rights after a DWI arrest. Call (817) 497-8889 or contact Blake & Blake, LLP to schedule a free consultation with our DWI lawyer in Fort Worth today.
Do I Need a Lawyer for a DWI in Fort Worth?
While you don't technically need a lawyer for a DWI in Fort Worth, TX, hiring one is essential. Texas has some of the harshest penalties in the country for DWIs and other intoxication offenses. A DWI lawyer can help you understand the criminal charges against you, negotiate a plea bargain, and fight for your rights in court.
When you work with a DWI attorney in Fort Worth who regularly appears in the Tarrant County criminal courts, you get someone who understands how local judges and prosecutors tend to approach these cases and what procedural issues may arise at the Tim Curry Criminal Justice Center or other courthouses in the area. We can walk you through each stage after an arrest, from your initial appearance and bond conditions to discussions about ALR hearings, plea options, and trial, so that you are not making life-changing decisions in the dark.
What Must Be Proven to Convict a Person of DWI in Texas?
To convict a person of driving while intoxicated in Texas, the prosecution must prove several things beyond a reasonable doubt. These include:
The driver's identity
That the accused was actually operating a motor vehicle on a public road
That you did not have normal use of your mental or physical abilities
That your blood or breath alcohol levels were above the legal BAC limit of 0.08%
Because all of these must be proven before you can be charged with a DWI offense, you should consult with a Fort Worth DWI attorney before accepting the charges and the penalties that come with them. In many cases, errors and omissions on the documents or improper timing of the blood or alcohol tests can discredit the arresting officer's testimony. Our criminal defense attorneys can examine the evidence and find these potential problems to preserve your right to drive.
Aggravating Factors for DWI in Texas
DWI with Child Passenger
A very common aggravating factor in DWI cases is the presence of a child passenger. Even if a person has never been charged with DWI before, if they are charged with DWI with a passenger who is younger than 15, the offense under Section 49.045 of the Texas Penal Code is a state jail felony (rather than a Class B misdemeanor under 49.04(b)).
Having a DWI with a child passenger on your record can affect far more than just the criminal case, especially in and around Fort Worth, where family courts and CPS investigators may closely review allegations of endangering a minor. We can help you understand how the evidence gathered by a Fort Worth police officer, a Tarrant County sheriff's deputy, or a Texas DPS trooper may be challenged, and how a strong defense strategy seeks to limit the long-term damage this kind of allegation can have on your driver's license, employment, and family relationships.
DWI with a BAC of 0.15 or Greater
A first DWI conviction is normally punished as a Class B misdemeanor in Texas. However, if a driver has provided a breath, blood, or urine sample that the state claims shows a blood alcohol content (BAC) of 0.15 or greater, the offense can become a Class A misdemeanor under Section 49.04(d) of the Texas Penal Code.
In cases involving an alleged BAC of 0.15 or higher, we carefully review how the sample was taken, stored, and tested, and whether officers and lab personnel followed proper protocols from the roadside stop in Fort Worth to the booking process at the Tarrant County jail. By scrutinizing dashcam and bodycam footage, maintenance records for breath machines, and the chain of custody on blood samples, we look for ways to challenge the reliability of the state's evidence and to argue for reduced charges or penalties that better reflect your actual level of impairment and risk.
What are the Penalties for a DWI Conviction in Texas?
In Texas, the penalties for a DWI conviction can vary based on factors such as prior offenses, blood alcohol concentration (BAC), and any additional aggravating circumstances.
Penalties for First DWI
A fine of up to $2,000
Jail time ranging from 3 days to 180 days
License suspension for up to 1 year
Mandatory attendance at an alcohol education program
Penalties for Second DWI
A fine of up to $4,000
Jail time ranging from 30 days to 1 year
License suspension for up to 2 years
Mandatory attendance at an alcohol education program
Penalties for Third Offense (Felony DWI)
A fine of up to $10,000
Imprisonment for 2 to 10 years
License suspension for up to 2 years
Mandatory attendance at an alcohol education program
Subsequent DWI Offenses
The penalties for subsequent offenses become progressively more severe, with the potential for longer prison sentences and higher fines. It's important to note that Texas has no "lookback period" for DWI enhancements; any prior conviction from your past, regardless of how long ago it occurred, can be used to elevate a new charge to a second or third offense. Additionally, if a DWI offense involves a Blood Alcohol Content (BAC) of 0.15% or higher, an open container of alcohol in the vehicle, or if there was a passenger under the age of 15, the penalties escalate significantly, often resulting in higher felony classifications and steeper fines.
State Traffic Fine in Texas
Under Texas Transportation Code § 709.001, the state imposes a mandatory State Traffic Fine (often called a "super fine") on anyone convicted of a DWI-related offense. This fine is a separate, additional penalty that must be paid in addition to the standard court-ordered fines and court costs. Unlike the old "surcharge" system, which was paid annually over three years, this is now a one-time assessment made at the time of sentencing. The amount is tiered based on your record: a $3,000 fine for a first conviction within a 36-month period, $4,500 for any subsequent conviction within that same timeframe, and a significantly higher $6,000 if your blood alcohol concentration (BAC) was 0.15% or higher. While a judge may waive this fine if they find you are "indigent" (unable to pay), it is otherwise a non-negotiable part of the conviction process for all cases.
Protecting Your Driver’s License After a DWI Arrest in Fort Worth
After a DWI arrest in Texas, you face not only the criminal case but also an administrative battle over your driver's license. The Texas Department of Public Safety can seek to suspend your license through an Administrative License Revocation (ALR) process that is separate from any hearings in a Tarrant County criminal court. You have a limited window of time to request an ALR hearing, and if you miss that deadline, your license can be automatically suspended even if your criminal case is later reduced or dismissed.
At an ALR hearing, our DWI lawyer in Fort Worth can challenge whether the officer had reasonable suspicion to stop you, whether there was probable cause for the arrest, and whether you actually refused or failed a breath or blood test under Texas law. These hearings often take place in or near Fort Worth, and a favorable outcome can prevent a suspension or shorten the time you are unable to drive. Even when a suspension cannot be avoided, we can guide you through the process of seeking an occupational driver's license so that you can continue driving to work, school, and essential household obligations while your case moves forward.
Can a DWI Be Dismissed in Fort Worth, Texas?
A DWI can be dismissed entirely or reduced to a lower criminal charge in Texas, particularly for a first-time offense. If negotiations between your DWI lawyer and the state of Texas result in a DWI dismissal, you may be eligible to expunge the charges from your record after the applicable waiting period.
Whether your case is in a county criminal court in downtown Fort Worth or another Tarrant County court, a judge will look closely at the facts of the stop, the arrest, and the testing process before ruling on key legal issues. I evaluate whether the officer had reasonable suspicion to pull you over, whether there was probable cause to arrest you, and whether your constitutional rights were respected, because weaknesses in these areas can create opportunities to ask the court to suppress evidence or to encourage the prosecutor to agree to a reduction or dismissal when appropriate.
Make Your First Call to Our Skilled Fort Worth DWI Defense Lawyers
Before you assume that you have no choice but to accept those charges, pay the fine, and move on, take the time to consider all the potential punishments and consequences you face. Not only do you face monetary fines, but you also face license suspension, driver's license surcharges imposed by the Texas DPS, and even jail time. Before you accept those accusations, you need to talk to a Fort Worth DWI attorney at Blake & Blake, LLP.
Whether it is your first DWI charge or your fifth, the reality that you may lose your right to drive as a result of these accusations means you need to take action quickly. Our team is committed to protecting the rights of the accused and has a history of successful case results to back that up. We have successfully gotten charges dropped, cases dismissed, and positive verdicts in DWI cases.
“I highly recommend Allen Blake. He strives for results and seeks the best possible outcome.”
Allen Blake defines what an attorney is supposed to be. Mr. Blake went above and beyond to resolve my issue in Texas. There was daily communication and empathized with my concerns being so far away. As my case progressed in litigation, Mr. Blake kept me updated via text messages, e-mails, and phone calls. He explained every possible outcome thoroughly and provided me with the best option. If it wasn’t for Mr. Blake, I do not know where I would be today. I highly recommend Allen Blake. He strives for results and seeks the best possible outcome.
