Texas DWI Defense Attorneys

Texas DWI Defense Attorneys Across the DFW Metroplex

A DWI charge in Texas carries some of the harshest collateral consequences of any criminal allegation. Beyond the statutory penalties — jail time up to 99 years for repeat offenders, fines up to $10,000 plus three years of annual DPS surcharges, license suspension up to two years, and an ignition interlock device requirement — a DWI conviction creates lifelong damage. The Texas Legislature eliminated the non-disclosure remedy for most DWI convictions in 2017, so the record stays publicly visible forever. It surfaces in every background check for employment, professional licensing, child custody, immigration, military enlistment, and security clearances.

What "DWI" means under Texas law

Texas Penal Code Section 49.04 defines "intoxication" three ways: (1) loss of normal use of mental or physical faculties due to alcohol, controlled substance, drug, dangerous drug, or any combination, (2) blood alcohol concentration (BAC) of 0.08 or more, or (3) for commercial drivers, BAC of 0.04 or more. The State doesn't have to prove all three — proving any one is sufficient. That gives the prosecution significant flexibility, particularly in cases without a chemical test result (driver refusal cases) where they rely on field sobriety performance and officer observations to establish "loss of normal use."

Texas DWI penalty grid

Standard first offense — Class B misdemeanor, 72 hours minimum jail through 180 days, fine up to $2,000, license suspension 90 days to 1 year, annual DPS surcharge $1,000 for 3 years. First offense with BAC ≥ 0.15 — Class A misdemeanor, jail up to 1 year, fine up to $4,000. Second offense — Class A misdemeanor with mandatory minimum 30 days jail (72 hours mandatory minimum cannot be probated), fine up to $4,000. Third offense — Third-degree felony, 2 to 10 years TDCJ, fine up to $10,000. DWI with child passenger (under 15) — State jail felony, 180 days to 2 years. Intoxication assault — Third-degree felony with mandatory victim impact provisions. Intoxication manslaughter — Second-degree felony with mandatory minimum prison.

The ALR clock — 15 days to request a hearing

Under Texas Transportation Code Section 524.012, after a DWI arrest a separate administrative case begins immediately to suspend the driver's license. You have exactly 15 days from the arrest date to request an Administrative License Revocation (ALR) hearing in writing. Miss the deadline, and the suspension takes effect automatically — 90 days minimum for a first-time refusal, 180 days for a first-time test failure, up to 2 years for repeat cases. Even when the underlying criminal case ends in dismissal or acquittal, the ALR suspension can already be in force. The ALR hearing is a separate proceeding from the criminal case and requires its own preparation and litigation strategy.

What defenses actually work in DFW DWI cases

Cases turn on five technical fronts. First, the traffic stop itself — was there reasonable suspicion under the Fourth Amendment for the initial stop? An unsupported stop suppresses everything that followed. Second, field sobriety test (FST) administration — the NHTSA manual prescribes exact procedures for the Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus tests. Officer deviation invalidates the result. Third, breath test reliability — the Intoxilyzer 9000 used statewide requires documented maintenance, calibration certification, and operator training. Texas Forensic Science Commission records reveal gaps that defense counsel can exploit. Fourth, blood draw protocol — refrigeration breaks, chain of custody errors, and lab analyst certification all create suppression opportunities. Fifth, the rising BAC defense — alcohol absorbs over time, and BAC at the moment of driving can be lower than BAC at the moment of testing two hours later.

Why pre-trial intervention isn't always the answer

Some Texas counties — including Dallas and Tarrant — offer DWI Pretrial Intervention or Veterans Court diversion programs. Successful completion results in dismissal, but the arrest still appears on background checks unless followed by expunction. Diversion programs work for some clients, but counsel must weigh the immediate cost (program fees, monitoring, treatment requirements, longer total case duration) against the strength of the defense case. A weak prosecution case may produce a dismissal at trial that avoids diversion entirely.

What our firm does differently

Direct attorney access from the first call, not through paralegals or intake assistants. Reggie London (TX Bar 24043514) is a former Dallas County prosecutor with case-handling experience on both sides of the DWI docket — he knows how the State builds cases because he built them himself. Njeri London (TX Bar 24043266) co-leads the firm and handles ALR hearings, suppression motions, and trial work. We file ALR requests within the 15-day window in every case. We do our own video review rather than relying on the prosecution's summary. And we tell clients honestly whether the case is winnable, divertable, or set for plea negotiation — not what they want to hear, but what the evidence supports.

Service Areas — Nine DFW Counties

We handle dwi cases across all nine DFW Metroplex counties. Click your county for county-specific procedural information, courthouse details, and case-handling notes.

Frequently Asked Questions