Fort Worth DWI Attorney
Overview of DWI Charges in Texas
We all make mistakes in life but sometimes a mistake has much more serious consequences—consequences that can last for a very long time. Being charged with a Texas DWI is such a mistake. While nobody is in favor of allowing people to drive while impaired, in some instances the police may have made a mistake in charging you with a DWI. In other cases, perhaps you did drive when you had a little too much to drink. One mistake in your life should not be allowed to completely derail an otherwise well-lived life. A Fort Worth DWI attorney can help to alleviate some of the stress and consequences of that one single mistake.
DWI stands for driving while intoxicated, whether from alcohol or drugs. DWI laws in the state of Texas state that intoxication while driving a motor vehicle means not having the normal use of your mental or physical faculties, whether from alcohol, prescription drugs, a controlled substance, or a combination of these. As far as alcohol is concerned, the legal limit is an alcohol concentration of 0.08 percent or more. This is known as BAC, or blood alcohol content.
An individual who is 21 years or older can be charged with a Class B misdemeanor if their BAC is 0.08 or higher at the time of driving—until it reaches 0.15 percent or higher, which bumps the charges up to a Class A misdemeanor. If you’ve been charged with DWI, it is extremely important that you contact an experienced Fort Worth DWI attorney from Burns & Davis. Our attorneys understand the DWI process from start to finish. Texas is one of the states that extrapolates the BAC back to the time of driving. In other words, the time of the breath test/blood draw is just a snapshot and not necessarily a guarantee of conviction.
Your Burns & Davis attorneys will determine whether your stop was warranted (legal) and whether other mistakes were made by the police officer. If no such mistakes exist, we will work to minimize the penalties associated with your DWI. We can also take care of your administrative hearing, arguing persuasively for you to keep your driver’s license. The lawyers at Burns & Davis are prepared for all things, ready for anything, yet flexible to the challenges of your DWI charges.
Penalties and Punishment for Being Convicted of DWI in Texas
If you are an adult, facing a first-time Fort Worth DWI, you will be charged with a Class B misdemeanor. Under Texas law, you will be required to spend at least 72 hours in jail. The maximum jail time you may face is up to six months. You will have your driver’s license suspended for a minimum period of 90 days, up to one year. Fines as large as $2,000 can be assessed for a first-time DWI, and you may be assessed surcharges of $1,000-$2,000 per year for the next three years in order to keep your driver’s license. Finally, you could be placed on probation and may be required to attend alcohol abuse programs.
A second DWI is a Class A misdemeanor. The fines are doubled for a second DWI, and you could spend up to one year in jail. You will have your driver’s license suspended for 6 to 24 months. A third DWI is a third-degree felony with a prison sentence of a minimum of two years and a maximum of ten years, with fines as large as $10,000. If you caused serious bodily injury to a person while you were driving while intoxicated, you will face the same penalties as for a third DWI—even if it is your first. If a person is accidentally killed due to your impaired driving, you face a second-degree felony with a fine of up to $10,000 and a prison sentence between 2 and 20 years.
Our Commitment to You
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Relentless RepresentationWhether in or out of the courtroom, we fight passionately to protect your rights and achieve the best possible outcome for your future.
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Hablamos EspañolWe provide exceptional legal services in both English and Spanish, ensuring every client feels heard and understood. Your case is our priority.
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Proven Legal ExpertiseWith years of experience and a track record of success, we deliver strategic, results-driven solutions for even the most complex legal matters.
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Client-Centered AdvocacyAt Burns & Davis, we prioritize your needs, ensuring every case is handled with personalized attention and unwavering dedication.
Stories of Success
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"Did Not Hang Up Until I Understood"
Nick took the time to answer all my questions and made me feel confident in my case. Professional, thorough, and truly cares—highly recommend!
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"Case Dismissed with Exceptional Representation"
Davis and his team deliver results! Case dismissed on 2nd appearance, professional service, and affordable pricing. Highly recommended for defense needs!
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"Very Professional and Very Attentive"
Mr. Davis handled three criminal cases and got all charges dismissed! Professional, attentive, and highly recommended for anyone in need of expert legal representation.
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"Life-Saving Legal Team"
These attorneys go above and beyond! Their dedication and expertise are unmatched. If you need help, they’ll work tirelessly for you. Thank you for everything!
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Common Defense Strategies for DWI Charges
Every DWI case is unique, therefore, your defense will be unique based on the facts and circumstances of your arrest. The most common defenses to Texas DWI charges include:
- Issues regarding the legality of the initial stop including an unconstitutional search and seizure of your property or your person
- Challenges to the reliability of field sobriety tests, blood and breathalyzer tests
- Suppression of evidence when the evidence was illegally obtained
- Challenges to police testimony
- Using police reports to challenge the testimony of the police officer
- Violations of your constitutional rights
- Affirmative defenses that essentially justify the crime while admitting some of the charges. Affirmative defenses can include duress, mistake of fact, or insanity, although duress and insanity are rarely used in DWI cases.
Your Questions, Answered Explore Our FAQ
Still have questions or can't find the answer you need? Give us a call at 817-873-1883 today!
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Can a DWI be dismissed in Texas?Getting your DWI charges dismissed will depend on the facts and circumstances surrounding your arrest as well as the skill and experience of your DWI attorney. Your attorney might be able to identify police paperwork errors soon after your arrest, thus getting key evidence thrown out. Without sufficient evidence, your case will have to be dismissed by the prosecutor. Never plead guilty to a DWI until you have spoken to a knowledgeable Burns & Davis DWI attorney. You need to know all your options including the likelihood of having your charges dropped before you do anything that could jeopardize your future.
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What happens after a first DWI offense in Texas?It’s important to remember that being arrested for DWI is not the same as a DWI conviction. The penalties listed above are the worst-case scenarios. In most instances, your actual sentence can be below the maximum when you have an experienced DWI attorney who will fight for your freedom and your future. In this case, you could potentially receive probation for a first DWI offense, or the charges could be reduced to reckless driving.