Dallas County DWI lawyers

If you have found your way to this page, it is likely because you are facing a DWI charge in Dallas County, TX, and are seeking legal assistance. At McCarty-Larson, PLLC, we understand that this is a challenging and stressful time for you. We are here to support you and guide you through every step of the legal process, ensuring you have the best chance at achieving a favorable outcome.

Understanding DWI Charges in Dallas County, TX

Driving while intoxicated, or DWI, is a serious offense in Dallas County, TX. The legal consequences can be severe, and the penalties increase with each subsequent offense. Whether this is your first time facing a DWI charge or if you have prior offenses, it is crucial to understand what you may be up against.

Penalties for First-Time DWI Offenses

For a first-time DWI offense in Dallas County, TX, the consequences can be quite significant. If convicted, you could face a fine of up to $2,000. Additionally, the court may impose a jail sentence of up to 180 days, with a mandatory minimum of three days in jail. You will also face a suspension of your driver’s license for up to one year. These penalties are designed to emphasize the seriousness of driving while impaired and to discourage future offenses.

Penalties for Second-Time DWI Offenses

If you are facing a second DWI offense, the penalties become more severe. The maximum fine increases to $4,000. The potential jail time ranges from one month to a full year, depending on the specifics of your case and whether there are any aggravating factors. Furthermore, your driver’s license could be suspended for up to two years. The increased penalties reflect the state’s focus on repeat offenders and its commitment to reducing impaired driving incidents.

Penalties for Third-Time DWI Offenses

A third DWI offense is treated with even greater severity under Texas law. For a third offense, you could be fined up to $10,000. In addition to this hefty fine, you could face a prison sentence ranging from two to ten years. The suspension of your driver’s license could extend for up to two years. These stringent penalties are intended to address the dangers posed by habitual drunk drivers and to protect the public from impaired driving.

Additional Consequences for Impaired Driving with a Child Passenger

If you are caught driving impaired with a child under the age of 15 in your vehicle, the charges and penalties are elevated. In addition to the standard DWI penalties, you may face child endangerment charges. This could result in an additional fine of up to $10,000 and a possible jail sentence of up to two years. Moreover, your driver’s license could be suspended for an additional 180 days. These additional penalties underscore the serious nature of endangering a child while driving under the influence.

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Choosing a Team of Experienced Dallas County DWI Lawyers

When facing a DWI charge in Dallas County, TX, selecting the right legal team is crucial. At McCarty-Larson, PLLC, we understand the weight of such charges and the importance of having a robust defense. With over 50 years of combined experience in criminal defense, our team is well-equipped to handle even the most complex DWI cases. Our extensive background in the field allows us to offer unique insights into the legal process and craft a defense tailored to your situation.

Our firm stands out because it is led by former law enforcement officers and prosecutors. This background gives us an edge in understanding both sides of the legal process. We know what to look for in a case and how to use this knowledge to your advantage. Our dual perspective on the system helps us anticipate the tactics of the prosecution and counter them effectively.

We take pride in our reputation, reflected in over 270 five-star reviews on Google. These reviews highlight our commitment to our clients and the successful outcomes we have achieved. Choosing McCarty-Larson, PLLC means you are partnering with a firm recognized for its dedication and effectiveness in handling DWI cases.

Defenses Against DWI Charges

Understanding the defenses available to you can significantly impact the outcome of your case. One primary defense involves violations of constitutional rights. If your rights were violated during your arrest or detention, we can challenge the charges or move to have the evidence dismissed. Law enforcement officers must respect your rights, and any infringement—such as illegal searches, stops, or failure to read your Miranda rights—can be contested in court.

Breath tests are commonly used in DWI cases, but they are not infallible. Inaccuracies can arise if you have recently burped, used mouthwash, or have certain medical conditions like diabetes. Furthermore, the equipment must be properly calibrated, and the person administering the test must be licensed. We can challenge the results of breath tests by scrutinizing these factors and questioning the validity of the test.

Blood draws are another method used to determine blood alcohol concentration (BAC). These tests must adhere to strict protocols to ensure accuracy. Issues with the sample or the way it was taken can lead to challenges against the results. We can investigate these aspects to challenge the blood test results effectively.

Another common defense involves questioning the legality of the stop. Police must have a valid reason to pull you over, such as erratic driving or traffic violations. If they lacked probable cause and stopped you without justification, any evidence obtained as a result of the stop may be challenged.

The prosecution must prove every element of the DWI charge beyond a reasonable doubt. We can argue that they lack sufficient evidence to meet this burden. For example, proving that you were in actual control of the vehicle can be difficult if you were not actively driving, such as if you were merely “sleeping it off” with the keys not in the ignition.

Field sobriety tests, which assess your physical coordination, can often be inaccurate. Conditions such as injury, age, or medication can impact the results. We can challenge these tests by demonstrating how these factors might have affected their accuracy.

Affirmative defenses can also be used in DWI cases. These defenses aim to negate criminal liability by providing evidence that proves your actions were justified under certain circumstances. For example, duress involves showing that you only operated the vehicle due to threats or other extenuating circumstances. Mistake of fact involves demonstrating that you had a reasonable belief based on a mistaken fact that negates your culpability.

Avoiding Common Mistakes After a DWI Arrest in Dallas County, TX

If you have been arrested for driving while intoxicated in Dallas County, TX, it is crucial to understand the mistakes you should avoid to protect your rights and strengthen your case. The aftermath of a DWI arrest can be overwhelming, but knowing what pitfalls to avoid can make a significant difference in your legal situation.

Do Not Delay Seeking Legal Advice

One of the most critical mistakes you can make after a DWI arrest is to delay in seeking legal advice. It might seem like an unnecessary expense or something you can handle on your own, but the complexities of DWI laws and the potential penalties make it essential to consult with a knowledgeable attorney as soon as possible. At McCarty-Larson, PLLC, we understand that time is of the essence. Our team of Dallas County DWI lawyers can provide you with timely guidance to navigate the legal system and ensure your rights are protected from the beginning.

Avoid Speaking to Insurance Companies Without Representation

Another common mistake is speaking to insurance companies or providing statements without proper legal representation. Insurance adjusters are skilled at gathering information that could be used against you. They may ask you questions or suggest settlement offers that seem reasonable but could actually undermine your defense. It is vital to have a Dallas County DWI lawyer from McCarty-Larson, PLLC handle any communications with insurance companies. We can help you understand your rights and ensure that any information shared does not negatively impact your case.

Do Not Assume You Will Automatically Lose Your License

A DWI arrest does not automatically mean you will lose your driver’s license. However, assuming that you will lose your license and not taking action to protect your driving privileges is a mistake. There are legal avenues available to challenge license suspensions and seek restricted driving privileges. McCarty-Larson, PLLC can assist you in exploring all possible options to retain your driving rights. Our team will work diligently to minimize the impact of a license suspension on your daily life.

Refrain from Discussing Your Case Publicly

It is essential to avoid discussing your DWI case publicly, especially on social media platforms. Anything you post or say can potentially be used against you in court. While it might be tempting to share your experience or seek support from friends and family, it is best to keep details about your case confidential. Our Dallas County DWI lawyers at McCarty-Larson, PLLC can guide you on how to handle your case privately and protect your interests throughout the legal process.

Do Not Neglect to Attend Court Hearings

Skipping court hearings or missing important deadlines can have serious consequences for your DWI case. Each court appearance is an opportunity to present your side and address any legal issues. It is crucial to attend all scheduled hearings and follow any legal advice provided by your attorney. McCarty-Larson, PLLC will help you keep track of court dates and ensure that you are prepared for each appearance, providing you with the best chance for a favorable outcome.

Dallas County DWI Client Story

This client story is for educational purposes only.

Daniel felt a cold wave of panic wash over him as he sat in the back of a police car. His mind raced as he thought about the night that had led him here. He had just been arrested for DWI in Dallas County, TX, with a BAC of 0.12. The weight of the situation felt crushing, and he couldn’t stop worrying about what was going to happen next.

He knew his life was about to change, and not for the better. The fear of losing his job, his freedom, and his reputation loomed large. Each moment seemed to stretch into eternity, and he felt completely lost.

That’s when Daniel’s friend, who had heard about McCarty-Larson, PLLC, and their Dallas County DWI lawyers, suggested he reach out to them. Daniel was hesitant at first but decided he had nothing to lose. He contacted the firm, and his call was answered by Robin McCarty.

From the first conversation, Robin’s calm and reassuring voice was a beacon of hope in Daniel’s storm of anxiety. Robin didn’t just listen; he understood. He made Daniel feel like he wasn’t alone, which was exactly what he needed at that moment.

Robin took Daniel’s case and immediately started working on it. He explained every step of the legal process clearly, which made Daniel feel less overwhelmed. Robin wasn’t just a lawyer; he was a guide who walked Daniel through every twist and turn of his case.

Robin’s dedication shone through as he examined every detail, from the traffic stop to the breathalyzer results. He found that there were issues with how the breathalyzer was administered, which could make evidence against Daniel weak.

With these findings, Robin went to court with a clear strategy. He confidently presented Daniel’s case, showing the judge and the prosecutor the problems with the evidence. His thorough work and persuasive arguments led to the charges being dismissed.

Daniel couldn’t believe it. The relief he felt was indescribable. Thanks to Robin McCarty and the McCarty-Larson team, his life was back on track, and he could finally breathe easy again.

Contact McCarty-Larson, PLLC for Your DWI Case in Dallas County, TX

If you have recently been arrested for DWI in Dallas County, TX, you are likely facing a challenging and stressful situation. At McCarty-Larson, PLLC, we understand the pressure and confusion that come with a DWI charge. Our dedicated team of Dallas County DWI lawyers are here to guide you through every step of the legal process.

We offer free consultations to help you understand your rights and options. This initial meeting is an opportunity for you to discuss the details of your case and receive straightforward advice on how to proceed. Our firm is committed to working tirelessly to secure the best possible outcome for your situation.

At McCarty-Larson, PLLC, our goal is to provide the support and experience you need during this difficult time. We are here to fight for your rights and ensure that your case is handled with the utmost care and attention. Contact us today to schedule your free consultation and take the first step toward resolving your DWI case with confidence.