CRIMINAL DEFENSE
What to Say When a Cop Smells Alcohol
Verified Credentials
Reggie & Njeri London
Co-Founding Partners
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Quick Answer
Bottom line up front: Texas DWI cases turn on three issues — legality of the stop, science of intoxication, and procedure of arrest. The Administrative License Revocation hearing runs in parallel under Transportation Code Chapter 524 with a strict 15-day deadline. We attack both proceedings on every case.
Texas legal context
- In Collin, Dallas, Denton, and Tarrant counties, prosecutorial discretion shapes how cases like what to say when a cop smells alcohol resolve. The first 30 days after arrest are critical — that is when pretrial diversion, bond conditions, and informal disposition are most flexible.
- Constitutional defenses applicable to what to say when a cop smells alcohol include the Fourth Amendment (search and seizure), Fifth Amendment (self-incrimination), and Sixth Amendment (right to counsel and confrontation). The Texas Constitution Article I provides parallel — and sometimes broader — protections.
- Deferred adjudication under CCP § 42A.103 may apply to what to say when a cop smells alcohol-related charges, resulting in NO conviction upon successful completion. Eligibility for non-disclosure under Government Code § 411.0725 typically follows. We evaluate eligibility at the retainer stage.
- Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266), co-founding partners of L and L Law Group, appear personally on every what to say when a cop smells alcohol case. Office: 5899 Preston Rd, Suite 101, Frisco, Texas. Direct line: (972) 370-5060.
- Texas Code of Criminal Procedure Article 42A.054(a) lists offenses ineligible for judge-recommended probation ("3g offenses"). Where what to say when a cop smells alcohol touches this list, jury-recommended probation under § 42A.054(b) remains possible.
Authored by L and L Law Group, PLLC. (972) 370-5060. info@landllawgroup.com.
Key Legal Terms
- BAC (Blood Alcohol Concentration)
- The percentage of alcohol in the blood, measured per Texas Penal Code § 49.01. Per se intoxication in Texas is BAC 0.08 or higher; BAC 0.15+ elevates first-offense DWI from Class B to Class A misdemeanor.
- ALR (Administrative License Revocation)
- Civil license-suspension proceeding under Texas Transportation Code Chapter 524, separate from the criminal DWI case. The 15-day request deadline runs from arrest; SOAH hearing requires the State to prove reasonable suspicion, probable cause, and refusal or failure.
- SFST (Standardized Field Sobriety Test)
- NHTSA-validated battery of three roadside tests: Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand. Documented accuracy rates of 77%, 68%, and 65% respectively per NHTSA studies — admissibility requires strict NHTSA-protocol compliance.
- Ignition Interlock Device
- Court-ordered breath-alcohol-testing device installed in the defendant's vehicle, typically required as a condition of bond for repeat DWI offenders and as probation condition for 0.15+ BAC first-offenders. Costs $70-$100/month plus installation.
Our Experience
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What are the penalties for a first DWI in Texas?
A first-offense DWI under Texas Penal Code § 49.04 is a Class B misdemeanor (up to 180 days county jail, $2,000 fine) when BAC is under 0.15. With BAC 0.15 or higher, it becomes a Class A misdemeanor (up to 1 year, $4,000 fine). Plus state fines under Transportation Code § 709.001 of $3,000-$6,000, license suspension, and possible ignition interlock.
What is the ALR hearing and why does it matter?
The Administrative License Revocation (ALR) hearing under Texas Transportation Code Chapter 524 is a separate civil proceeding from the criminal DWI case. You have only 15 days from arrest to request the hearing. Winning the ALR keeps your license and produces locked officer testimony useful in the criminal case.
Can I refuse the breathalyzer in Texas?
Yes, but refusal triggers automatic 180-day license suspension under Transportation Code § 524.022 (first offense). Officers may also seek a warrant for a blood draw — and Texas courts approve "no-refusal" weekend warrants in most counties. We attack both refusals and blood draws under *Missouri v. McNeely*, 569 U.S. 141 (2013).
How accurate are field sobriety tests?
The NHTSA validated three Standardized Field Sobriety Tests with documented accuracy rates: HGN at 77%, Walk-and-Turn at 68%, and One-Leg Stand at 65%. Officer training compliance with the 1995 NHTSA Manual is a major suppression issue we develop on every DWI case.
Will I lose my job after a DWI in Texas?
Depends on the job. A DWI conviction shows on background checks and can affect CDL holders, healthcare workers (TBON/TMB review), educators (TEA/SBEC), and security-clearance holders. We pursue dismissal, reduction to obstruction (Penal Code § 38.15), or deferred-adjudication pathways where eligibility allows.
References & Authoritative Sources
Last reviewed: 2026-05-13 by Njeri London and Reggie London, co-founding partners, L and L Law Group, PLLC. This content is reviewed for accuracy at least every 12 months and when statutory or case-law changes occur.
Attorney Advertising Disclosure. This content is for general informational purposes only and is not legal advice. Reading this content or contacting L and L Law Group, PLLC through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Past performance is not a guarantee of future results.
About the Authors
Njeri London
Co-Founding Partner
Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases. Verify on Texas Bar
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Reggie London
Co-Founding Partner
Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets. Verify on Texas Bar
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Charged with a crime in Texas? Talk to L and L Law Group.
Co-founding partners Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) personally handle every case. Free consultation. Frisco, Texas.
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