Fort Worth DWI Defense Attorney

Under Texas Penal Code § 49.04, operating a motor vehicle in a public place while intoxicated by drugs or alcohol is a criminal offense that carries severe penalties and legal consequences. “Intoxication” is defined as having a blood-alcohol content of .08 or higher, not having normal use of physical faculties, and not having normal use of mental faculties. Intoxication must be caused by a substance that’s induced into the body. Texas DWI law is the equivalent of DUI (driving under the influence) laws found in other states.

Prosecutors may seek to prove that you were intoxicated because you consumed alcohol, drugs, or both. The drugs may be prescriptions, over-the-counter drugs, or illegal controlled substances. Also, the statute does not mention “driving” but says that it is illegal for one to “operate a motor vehicle,” which is a broader situation and may include any action to affect a vehicle’s functioning in a manner that allows its use. As such, while driving is sufficient to warrant a conviction, it isn’t the main requirement.

In DWI/DUI cases, individuals are basically considered to be under the influence of alcohol if their blood-alcohol level (BAC) is .08 or greater. On the other hand, drivers under 21 years of age are under no circumstance allowed to be under the influence and must not test positive for any blood-alcohol content. This means that they’re considered legally drunk when there’s a detectable amount of alcohol. Commercial drivers are legally drunk when their BAC level is .04 or more. A drunk driving offense based on BAC is referred to as “per se” DWI. The amount of alcohol enough to impair a person is determined by factors such as body size, gender, and strength and number of drinks.

DWI law in Texas has become increasingly complicated over the past several decades and now there are numerous types of charges, including:

• First Offense DWI
• DWI with BAC level of .15 and above
• Second Offense DWI
• Third and Subsequent DWI Offense
• DWI with Child Passenger
• Intoxication Manslaughter (the equivalent of DUI Vehicular Homicide in other states)
• Intoxication Assault/DWI causing serious bodily injury

No matter the type of DWI offense, you always have a chance of obtaining an excellent outcome if you contact the best Fort Worth DWI attorney as soon as possible. Never assume that you can’t win your case or the worst will happen. DWI charges in Texas are usually defensible, even with a high breath test or high blood test. You may have a defense even if you caused an accident or performed badly on field sobriety tests.

When investigating a driver suspected of DWI, the arresting officer can use a variety of methods to gather evidence of impairment and intoxication. Objective measures of the driver’s breath or blood can be used to determine the BAC levels. Probable cause showing that a person is intoxicated is enough to warrant an arrest. Among the forms of observation that can be considered by law enforcement officers in determining whether you’re intoxicated include facts may include slurred speech, bloodshot eyes, the smell of alcoholic beverage, lack of motor coordination, and an open container in the vehicle. The officer could administer a breath test or field sobriety tests if he or she observes physical signs of intoxication.

DUI Penalties

For a first-time DWI offense, the offender faces a fine of up to $2,000, jail term not exceeding 180 days, or both. The driver’s license may be suspended for up to 90 days. However, there’s a possibility of jail time increasing to one year and the fine increasing to $4,000 if the BAC is .15 or more. For a second DWI offense, the offender faces 30 to 365 days in jail, a fine not exceeding $4,000 and a possible driver’s license suspension of up to one year. An individual who commits a third DWI offense within five years of the prior offense may receive 2 to 10 years imprisonment in state jail and/or a fine of up to $10,000, and driver’s license suspension for a period ranging from 180 days to 2 years.

Under Texas law, certain DWI crimes that involve injury or risk of injury to others may be prosecuted under different code sections and the offender may face much more serious penalties. These enhanced offenses include:

• DWI with a child under 15 in the vehicle,
• Intoxication manslaughter (second-degree felony), and
• Intoxication assault (third-degree felony)

In Texas, DWI is not limited to driving while intoxicated with alcohol. The same statute that makes DWI a crime also makes it a crime to drive under the influence of drugs (whether illegal, over-the-counter, or prescription). As it applies to drugs, DWI is defined as operating a motor vehicle without the normal use of physical or mental faculties by reason of the introduction of a drug, a controlled substance, prescription drugs as well as over-the-counter medicines. Therefore, one can be arrested and charged with a DWI even if he/she operated a vehicle but never had a drink of alcohol.

Notably, the fact that an individual has been entitled to the use of a controlled substance, prescription drugs, or over-the-counter medications is not a defense. And unlike alcohol consumption which has a legal limit, there’s no per se limit for drugs intoxication. Law enforcement has the discretion to request sobriety tests, ask questions, and determine that an individual’s ability to drive was impaired by the drug, even if the impairment was caused by a valid prescription medicine from a doctor. Also, the punishment is the same for all types of DWI drug convictions and severity is equal to a charge of driving while intoxicated from alcohol. As such, the possible jail time, fines, and other punishments of a conviction depend on whether it’s a first, second, third, or subsequent DWI drugs offense. For the purpose of calculating penalties and punishment, a DWI conviction is considered a prior offense regardless of whether it involved drugs, alcohol, or a combination of the two.

The most common DWI drugs include allegations of driving while intoxicated with medications like:

• Ambien
• Xanax
• Soma
• Claritin
• Tylenol PM
• Vicodin
• Alprazolam
• Benadryl
• Cold medicine
• Cough Syrups with Codeine
• Allergy medication

There’s no hard-and-fast rule for which medication impairs your ability to drive because it’s all based on how your body, diet, and energy level metabolize the medicine. The tests look at how the drug impairs an individual’s mental or physical capabilities, such as dizziness, sleepiness, or drowsiness.

A felony DWI is an offense that could have could expose offenders to much more serious consequences than an ordinary DWI. In addition to the consequence of high fines, prison time, and license suspension, a felony DWI could affect a person’s entire life from employment to the studies of his/her family. You could have difficulties applying for jobs or acquiring a professional license. Most employers deter from hiring an ex-convict for trust reason and liability. If you had plans to attend higher education, you may not get that chance because your admissions and/or federal loans you may need may be at stake. If you rent, housing can become a problem as most landlords conduct background checks and deny applications to individuals with criminal records. A felony DWI can also affect the outcome of your case if you’re in the middle of a custody battle or divorce. Your rights to own a gun may also be taken away from you.

There are four different felony DWI charges in Texas, including:

• DWI with Child Passenger
• Third DWI
• Intoxication Assault
• Intoxication Manslaughter

Felony DWI is prosecuted under different code sections than DWI law. No prior convictions are necessary in felony DWI cases involving DWI with child passenger, intoxication manslaughter, and intoxication assault.

If an individual is convicted of DWI with a child passenger, the offender faces imprisonment for a term not less than 180 days and not more than two years. The offender may also be ordered to pay a fine not exceeding $10,000.

Intoxication manslaughter is a DWI that results in an accident that causes death. Upon conviction, the offender can be imprisoned for 2 to 20 years and/or can be ordered to pay a fine not exceeding $10,000.

Intoxication assault is a DWI where intoxication was the proximate of serious bodily injury. The penalties are more severe as the offender faces a fine not exceeding $10,000 and/or up to 10 years in prison upon conviction. In addition, he/she will serve a 30-day minimum jail sentence if probated. What’s more, the state may file a separate case for every individual suffering serious bodily injury or death.

A third or subsequent DWI in Texas qualifies as a felony and is punishable by a jail range of 2 to 10 years in Texas Department of Criminal Justice (TDCJ). However, if convicted of your third or more DWI and you already have has one (1) prior TDCJ penitentiary trip, the amount of time you spend in jail may be between 2 to 20 years. But if you’ve had two (2) prior TDCJ penitentiary trips, your charge may be an enhanced felony punishable by up to 25 years to life in prison if convicted.

In the state of Texas, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are two different charges. Anyone can receive a DWI, but only individuals under the age of 21 can be charged with a DUI. There are special laws that apply only to underage drivers who drive after drinking. For the purpose of this law, an underage driver is defined as any person under the age of 21 years. As such, you’ll be charged with a DWI offense if you’re 21 or older and arrested for getting behind the wheel while intoxicated.

Texas has special zero-tolerance rules for minors regarding drinking and driving. Given that it’s illegal for citizens under 21 years of age to take alcohol, the state’s drunk driving laws are much more restrictive and severe than the DWI laws that apply to adults. Under Texas law, it is a criminal offense for a minor to operate a motor vehicle with “any detectable amount of alcohol” in his or her system. Therefore, one can be convicted or driving under the influence of alcohol regardless of whether they are intoxicated or not.

Underage DUI is a Class C offense, punishable by a fine not exceeding $500 for a first or second offense, and a fine of up to $2,000 for a third offense. The minor can also be ordered to perform community service work for 20 to 60 hours, depending on his/her DUI conviction history. Also, one faces confinement in jail for up to 180 days for a third offense. And just like with a DWI, the driver’s license may be suspended for at least 60 days. An ALR hearing could be requested 15 days from the date of the DUI charge.

Thanks to a law that went into effect in September of 2017, Texas allows first-time low-level DWI offenders to get a DWI Non-Disclosure as described within Government Code 411.081(d). If the petition is successful, the Texas Department of Public Safety can seal all records from public view and allow a person to deny such record in most situations. An order of nondisclosure does not permanently remove your arrest and conviction from your record. It will remain visible to state and federal agencies, law enforcement agencies, and employers in government fields.

You may petition for a DWI non-disclosure if:

• You’ve never been convicted or placed on probation for an offense other than maybe a ticket that is penalized by fine only,
• Your BAC was below a .15 ( but this does not apply to felonies or Class A misdemeanors)
• The DWI arrest does not involve any a crash involving another individual, including a passenger in your vehicle or a driver of another vehicle, even if there were no injuries
• You have successfully completed any time of confinement or any imposed community supervision
• You’ve paid all fines, restitution, and costs imposed

If you satisfy these requirements, the next question is when you can petition for non-disclosure. The dates will depend on two factors: whether you were put on probation and whether you were required to install an ignition interlock device (IID) on your vehicle.

• You can petition for non-disclosure two (2) years after the date that you successfully completed community supervision (probation).
• If you had an IID installed on your vehicle for at least 6 months and have completed the jail sentence imposed, you can file a petition for non-disclosure three (3) years after completing the sentence.
• If you were not required to install an interlock device for at least 6 months as part of the sentence, you can file a petition five (5) years after completing your community supervision or jail sentence.

Texas Criminal Code § 411.074 prohibits the court from granting nondisclosure to seal DWI record if the petitioner has been convicted of the following offenses:

• Kidnapping
• Injury to a child
• Trafficking of people
• Murder
• Assault of a disabled person
• Elder abuse
• Child endangerment or abandonment
• Family violence or any offense in violation of Family Code 71.004
• Violation of court orders in family violence offenses
• Any sex crime that requires sex offender registration in Texas

Texas takes the welfare of its children seriously and has been passing more strict laws related to DWI, especially when a child is involved. While there’s nothing acceptable about drunk driving with a minor in the vehicle, the standards for determining DWI are flawed and good parents can find themselves accused of a crime they didn’t commit. Texas Penal Code Chapter 12 § 49.045 makes it illegal for an individual to operate a motor vehicle in a public place while intoxicated with a child under the age of 15 in the same vehicle. This offense was previously classified as a misdemeanor but is now a state jail felony offense. The punishment for DWI with Child Passenger was enhanced by the Texas legislature in 2013. The main reason for this is because the individual operating the vehicle is held responsible for the safety of the child since children riding as passengers do not have any control over how the vehicle is driven.

A person can be charged with DWI with child passenger even if the offense did not lead to anyone’s injury. The offender faces 180 days to 2 years in prison, a fine of up to 10,000, and an automatic 180-day license suspension. A person may also be required to attend DWI education classes, install an ignition interlock device on their vehicle, and/or pay surcharge fees between $1,000 and $2,000 each year in order to retain the driver’s license.

What’s more, this offense may also be considered a form of child endangerment even if the child was not injured. Child endangerment, under Texas Penal Code Section 22.041(c), is considered an offense if a person knowingly, intentionally, recklessly, or by an act of omission, or with criminal negligence, or engages in behavior that puts a minor in danger of bodily injury, death, or physical or mental impairment. The child can be taken away from the offender’s custody if the Texas Child Protection Services (CPS) becomes involved in the case. So, as the prosecutor prepares a criminal case against you, the CPS may prepare a separate child endangerment/ child neglect case, and the DPS will prepare a case to suspend your license.

When an individual has been arrested for DWI with a child passenger, he or she may be forced by law enforcement to submit a blood or breath test without their consent. As such, the test can be used as evidence in court, unless a DWI attorney finds a way to exclude it from evidence.

The penalties for a DWI conviction can greatly increase if a driver has one or more prior conviction of the same offense on his/her record. Unlike other states that have a limited “look back period” to see if you have a previous DWI conviction when facing DWI charges in Texas, the court takes your entire driving history into account. Even if you have a prior DWI from 15 or more years ago, that conviction will be considered. If you’ve been convicted of a DWI once in your history as a driver, the current offense will be a second DWI and you will face the increased penalties and punishments related to subsequent DWIs. If you’re arrested for a subsequent DWI in Fort Worth, it’s paramount to retain a top-notch DWI defense attorney to protect your rights and future.

A second DWI in Texas is a Class A misdemeanor punishable by a minimum of 30 days in jail, a fine of up to $4,000, and license suspension between 180 days and 2 years. In addition, the offender may be required to install an ignition interlock device on their vehicle and pay an annual surcharge fee of between $1,000 and $2,000 for 3 years.

A third conviction is far more serious and if convicted of this offense, the offender may be punished by a fine not exceeding $10,000, up to 10 years in prison or 10 days in jail if probated, DPS surcharge fee of up to $2,000 for 3 years, a driver’s license suspension of up to 2 years, which begins after the imprisonment, and an ignition interlock device installation.

After a DWI arrest, you’ll likely face a driver’s license suspension by the Texas Department of Public Safety. Whether or not your license will be suspended will be determined at an Administrative License Revocation (ALR) hearing, which is a civil, administrative process overseen by Administrative Law Judges. If arrested for DWI in Fort Worth, your license may be suspended for two reasons:

Failing a breath or blood test- If the arresting officer suspects drunk driving, he/she may administer field sobriety tests. You’ll be arrested for DWI if you fail one or more of the tests. The officer will then have the probable cause to test your BAC level. If you fail the breath or blood test by registering a .08 BAC or greater, you’ll be served a notice informing you that your driver’s license will be suspended.

Refusing a breath or blood test- Under Texas DWI law, any individual who obtains a driver’s license and operates a motor vehicle is subject to an “implied consent” rule. This means that you have automatically consented to a chemical test if you’re suspected to be driving while intoxicated. Refusing such testing can, therefore, result in loss of license.

In either case, you must request an ALR hearing within 15 days of the date of the arrest. If you request an ALR hearing, the suspension will be put on hold until the judge makes a ruling. But if you miss the 15-day window of opportunity, the suspension goes into effect 40 days after the noticed was served. Your driver’s license could be suspended for 90 days up to 2 years based on the facts of your case and whether it’s your first or a subsequent DWI conviction. It’s important that you hire a skilled and experienced Fort Worth DWI attorney for this hearing to challenge the driver’s license suspension or even revocation.

In my many years of experience handling DWI cases, I have found that challenging license suspension is the most important part of fighting DWI charges. It can provide the best opportunity for the attorney to question the arresting officer, know the charges filed against you as well as the evidence that will be used against you. It’s an invaluable opportunity to obtain information, which can be beneficial to your case.

If your license does end up getting suspended, I can assist in getting you an occupational driver’s license, which can allow you continue to operate non-commercial motor vehicles in connection with domestic duties, your job, or school. The occupational license will be valid for one (1) year and will allow you to drive for a maximum of 12 hours a day. You may be required to attend a substance abuse treatment program or install an ignition interlock device on your vehicle.