If you are facing a charge for driving while intoxicated in Texas, you are likely feeling confused, anxious, and unsure about what happens next. At McCarty Larson, PLLC, we understand how overwhelming this situation can feel, and we are here to help you through it. Our team is committed to guiding you with care and professionalism, ensuring you understand your rights and legal options. Texas DWI laws are strict, but with the right legal representation, you can work toward a successful outcome in your case.
What Is a DWI in Texas
In Texas, a person commits a DWI offense when they operate a motor vehicle in a public place while intoxicated. Intoxication means having a blood alcohol concentration of 0.08 percent or higher or not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances. Texas laws apply to all drivers, and they impose even stricter rules for individuals under the age of 21 or commercial drivers.
A DWI is a serious charge with penalties that can include fines, license suspension, and even jail time. However, it is important to remember that being charged does not mean you are automatically guilty. There are legal defenses that may apply to your case, and we can work with you to determine the best approach.
What Are the Penalties for a DWI in Texas
DWI penalties in Texas vary depending on the circumstances of the offense. For a first offense, penalties may include up to a $2,000 fine, up to 180 days in jail, and a driver’s license suspension of up to one year. If there are aggravating factors, such as having a child passenger in the vehicle or a blood alcohol level significantly above the legal limit, the penalties can be more severe.
When you choose McCarty-Larson, you're choosing a legal team that will stand by you every step of the way.
Learn MoreFor a second or third DWI offense, the consequences become harsher, with higher fines, longer jail sentences, and extended license suspension periods. A third DWI can result in felony charges, which carry even more significant long-term implications. In addition to these criminal penalties, a conviction can lead to financial costs such as court fees, increased insurance rates, and the requirement to install an ignition interlock device on your vehicle.
How the Legal Process Works in a DWI Case
After a DWI arrest, the legal process begins with an arraignment, where the charges are formally presented in court. At this stage, you will have the opportunity to enter a plea of guilty, not guilty, or no contest. If you choose to contest the charges, the case will move forward to pre-trial motions and potentially a trial.
During this process, your attorney will carefully review the evidence against you, such as the results of breath or blood tests, the arresting officer’s report, and any video footage from the scene. An experienced attorney can identify weaknesses in the prosecution’s case, such as procedural errors, violations of your rights, or inaccuracies in chemical testing.
It is also important to act quickly after an arrest to request an Administrative License Revocation hearing to challenge the suspension of your driver’s license. This is a separate process from the criminal case but one that can significantly impact your ability to drive while your case is ongoing.
Legal Penalties for DWI with a Child Passenger
The penalties for DWI in Texas are already severe, but they become even more significant when a child passenger is involved. A first offense for DWI with a child passenger is classified as a state jail felony. This is a more serious charge than a standard DWI, which is typically a misdemeanor for a first offense.
If convicted of a state jail felony, you could face a range of penalties. These may include a jail sentence of up to two years in a state jail facility, a fine of up to $10,000, and a driver’s license suspension for 180 days. In addition to these criminal penalties, there are other consequences that can impact your life. A felony conviction can make it difficult to find employment, secure housing, and obtain certain professional licenses. It can also affect your ability to own or possess firearms.
Impact on Child Custody and Parental Rights
Being charged with a DWI with a child passenger can also have serious implications for your parental rights. Family courts may view this offense as evidence of poor judgment and an inability to provide a safe environment for your child. This can result in changes to custody arrangements, visitation rights, and could even lead to the involvement of child protective services.
In some cases, the court may require you to complete parenting classes, substance abuse counseling, or other programs as a condition of maintaining custody or visitation rights. If you are going through a divorce or custody battle, a DWI with a child passenger charge can significantly impact the court’s decisions regarding your parental rights.
Defenses Against DWI Charges in Texas
There are several possible defenses that can be used in a DWI case. The specific defense strategy depends on the details of your situation. Some common defenses include questioning the legality of the traffic stop, challenging the accuracy of field sobriety tests, or disputing the validity of breath or blood test results.
For example, if the arresting officer did not have reasonable suspicion or probable cause to stop your vehicle, any evidence obtained during the stop may be inadmissible in court. Similarly, if the officer did not properly administer a field sobriety test or if the equipment used to measure blood alcohol concentration was not correctly maintained, these issues can be raised in your defense.
An experienced attorney will also examine whether your rights were violated during the arrest process. Police officers must follow specific procedures to ensure that your constitutional rights are protected, and failure to do so can be a key factor in your defense.
The Initial Traffic Stop and Arrest
The legal process for a DWI case in Texas typically begins with a traffic stop. Law enforcement officers must have reasonable suspicion to pull over a vehicle. This can include erratic driving, speeding, running a red light, or other traffic violations. Once the vehicle is stopped, the officer may observe signs of intoxication such as slurred speech, the smell of alcohol, or bloodshot eyes. These observations can lead the officer to conduct field sobriety tests.
Field sobriety tests are designed to assess a driver’s physical and cognitive abilities. Common tests include the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, and the One-Leg Stand test. If the officer believes the driver is intoxicated based on these tests, they may request a breathalyzer test to measure blood alcohol concentration (BAC). Refusing this test can result in immediate consequences such as license suspension. If the BAC is 0.08 percent or higher, the driver is arrested and taken into custody.
Booking and Initial Detention
After the arrest, the driver is taken to a local jail or detention center for booking. During the booking process, the driver’s personal information, fingerprints, and photographs are recorded. They may also be asked to provide a statement, although it is advisable to consult with an attorney before making any statements to law enforcement.
Following booking, the driver will be placed in a holding cell until they can appear before a magistrate judge. This initial appearance, known as an arraignment, usually occurs within 24 to 48 hours of the arrest. The judge will read the charges, inform the driver of their rights, and set bail. Bail is a financial guarantee that the driver will appear at future court proceedings. Depending on the circumstances of the case and the driver’s criminal history, bail may be set at a high amount, or the judge may deny bail altogether.
The Arraignment and Plea
The arraignment is a crucial step in the DWI legal process. During this court appearance, the driver will be formally charged with DWI and asked to enter a plea. The plea options are generally guilty, not guilty, or no contest. Pleading guilty or no contest will result in a conviction and move the case directly to the sentencing phase. Pleading not guilty will initiate the pre-trial phase, where both the defense and prosecution will prepare their cases.
It is essential to have legal representation during the arraignment. An experienced DWI attorney can provide valuable advice on how to plead based on the specifics of the case. If the driver pleads not guilty, the attorney will begin investigating the case, gathering evidence, and identifying potential defenses. This may involve reviewing the police report, examining the results of field sobriety and breathalyzer tests, and interviewing witnesses.
The Pre-Trial Phase
The pre-trial phase is a critical period for building a defense strategy. During this phase, the defense attorney will file various motions to challenge the prosecution’s evidence and seek to have certain evidence excluded from trial. Common pre-trial motions include motions to suppress evidence obtained through an unlawful traffic stop or arrest, motions to suppress statements made without proper Miranda warnings, and motions to dismiss the charges if the prosecution’s evidence is insufficient.
Discovery is another important aspect of the pre-trial phase. Discovery is the process by which the defense and prosecution exchange information and evidence related to the case. This includes police reports, witness statements, and test results. The defense attorney will carefully review this information to identify weaknesses in the prosecution’s case and develop a robust defense strategy.
Plea Bargaining and Negotiations
In many DWI cases, plea bargaining occurs during the pre-trial phase. Plea bargaining involves negotiations between the defense attorney and the prosecutor to reach a mutually acceptable resolution to the case without going to trial. The defense attorney may negotiate for reduced charges, a lesser sentence, or alternative sentencing options such as probation or alcohol education programs.
Plea bargaining can be advantageous for both parties. For the prosecution, it ensures a conviction and avoids the uncertainty of a trial. For the defense, it can result in a more favorable outcome and avoid the risk of a harsher sentence if convicted at trial. However, it is essential to carefully consider any plea offers and discuss them thoroughly with an attorney before making a decision.
The Trial Process
If a plea agreement cannot be reached, the case will proceed to trial. A DWI trial can be either a jury trial or a bench trial, where the judge alone decides the case. The decision to choose a jury or bench trial will depend on various factors, including the specifics of the case and the defense strategy.
During the trial, both the prosecution and defense will present their cases. The prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. This involves presenting evidence such as police reports, witness testimony, and results from field sobriety and breathalyzer tests. The defense will have the opportunity to cross-examine witnesses, challenge the prosecution’s evidence, and present their own evidence and witnesses.
The defense attorney may employ various strategies to challenge the prosecution’s case. This can include questioning the accuracy and reliability of field sobriety and breathalyzer tests, arguing that the traffic stop or arrest was unlawful, or presenting evidence that the defendant was not intoxicated. The defense may also call witnesses to testify on the unreliability of certain tests or procedures.
The Verdict and Sentencing
At the conclusion of the trial, the judge or jury will deliberate and reach a verdict. If the defendant is found not guilty, they will be acquitted of the charges and released. If the defendant is found guilty, the case will proceed to the sentencing phase.
Sentencing for a DWI conviction in Texas can vary widely depending on the specifics of the case and the defendant’s criminal history. Potential penalties include fines, jail time, probation, community service, mandatory alcohol education programs, and license suspension. For repeat offenders or cases involving aggravating factors such as a high BAC or an accident causing injury or death, the penalties can be more severe.
Post-Conviction and Appeals
After sentencing, the defendant may have the option to appeal the conviction or sentence. An appeal involves challenging the legal basis of the conviction or the fairness of the trial process. The defendant must file a notice of appeal within a specific timeframe, and the appellate court will review the case to determine if there were any errors in the trial that warrant a reversal or modification of the conviction or sentence.
Appeals can be complex and require a thorough understanding of appellate law and procedure. An experienced DWI attorney can provide valuable assistance in identifying grounds for appeal and navigating the appeals process. It is important to note that not all convictions can be successfully appealed, and the appellate court may uphold the original conviction and sentence.
The Initial Traffic Stop and Arrest
The legal process for a DWI case in Texas typically begins with a traffic stop. Law enforcement officers must have reasonable suspicion to pull over a vehicle. This can include erratic driving, speeding, running a red light, or other traffic violations. Once the vehicle is stopped, the officer may observe signs of intoxication such as slurred speech, the smell of alcohol, or bloodshot eyes. These observations can lead the officer to conduct field sobriety tests.
Field sobriety tests are designed to assess a driver’s physical and cognitive abilities. Common tests include the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, and the One-Leg Stand test. If the officer believes the driver is intoxicated based on these tests, they may request a breathalyzer test to measure blood alcohol concentration (BAC). Refusing this test can result in immediate consequences such as license suspension. If the BAC is 0.08 percent or higher, the driver is arrested and taken into custody.
Booking and Initial Detention
After the arrest, the driver is taken to a local jail or detention center for booking. During the booking process, the driver’s personal information, fingerprints, and photographs are recorded. They may also be asked to provide a statement, although it is advisable to consult with an attorney before making any statements to law enforcement.
Following booking, the driver will be placed in a holding cell until they can appear before a magistrate judge. This initial appearance, known as an arraignment, usually occurs within 24 to 48 hours of the arrest. The judge will read the charges, inform the driver of their rights, and set bail. Bail is a financial guarantee that the driver will appear at future court proceedings. Depending on the circumstances of the case and the driver’s criminal history, bail may be set at a high amount, or the judge may deny bail altogether.
The Arraignment and Plea
The arraignment is a crucial step in the DWI legal process. During this court appearance, the driver will be formally charged with DWI and asked to enter a plea. The plea options are generally guilty, not guilty, or no contest. Pleading guilty or no contest will result in a conviction and move the case directly to the sentencing phase. Pleading not guilty will initiate the pre-trial phase, where both the defense and prosecution will prepare their cases.
It is essential to have legal representation during the arraignment. An experienced DWI attorney can provide valuable advice on how to plead based on the specifics of the case. If the driver pleads not guilty, the attorney will begin investigating the case, gathering evidence, and identifying potential defenses. This may involve reviewing the police report, examining the results of field sobriety and breathalyzer tests, and interviewing witnesses.
The Pre-Trial Phase
The pre-trial phase is a critical period for building a defense strategy. During this phase, the defense attorney will file various motions to challenge the prosecution’s evidence and seek to have certain evidence excluded from trial. Common pre-trial motions include motions to suppress evidence obtained through an unlawful traffic stop or arrest, motions to suppress statements made without proper Miranda warnings, and motions to dismiss the charges if the prosecution’s evidence is insufficient.
Discovery is another important aspect of the pre-trial phase. Discovery is the process by which the defense and prosecution exchange information and evidence related to the case. This includes police reports, witness statements, and test results. The defense attorney will carefully review this information to identify weaknesses in the prosecution’s case and develop a robust defense strategy.
Plea Bargaining and Negotiations
In many DWI cases, plea bargaining occurs during the pre-trial phase. Plea bargaining involves negotiations between the defense attorney and the prosecutor to reach a mutually acceptable resolution to the case without going to trial. The defense attorney may negotiate for reduced charges, a lesser sentence, or alternative sentencing options such as probation or alcohol education programs.
Plea bargaining can be advantageous for both parties. For the prosecution, it ensures a conviction and avoids the uncertainty of a trial. For the defense, it can result in a more favorable outcome and avoid the risk of a harsher sentence if convicted at trial. However, it is essential to carefully consider any plea offers and discuss them thoroughly with an attorney before making a decision.
The Trial Process
If a plea agreement cannot be reached, the case will proceed to trial. A DWI trial can be either a jury trial or a bench trial, where the judge alone decides the case. The decision to choose a jury or bench trial will depend on various factors, including the specifics of the case and the defense strategy.
During the trial, both the prosecution and defense will present their cases. The prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. This involves presenting evidence such as police reports, witness testimony, and results from field sobriety and breathalyzer tests. The defense will have the opportunity to cross-examine witnesses, challenge the prosecution’s evidence, and present their own evidence and witnesses.
The defense attorney may employ various strategies to challenge the prosecution’s case. This can include questioning the accuracy and reliability of field sobriety and breathalyzer tests, arguing that the traffic stop or arrest was unlawful, or presenting evidence that the defendant was not intoxicated. The defense may also call witnesses to testify on the unreliability of certain tests or procedures.
The Verdict and Sentencing
At the conclusion of the trial, the judge or jury will deliberate and reach a verdict. If the defendant is found not guilty, they will be acquitted of the charges and released. If the defendant is found guilty, the case will proceed to the sentencing phase.
Sentencing for a DWI conviction in Texas can vary widely depending on the specifics of the case and the defendant’s criminal history. Potential penalties include fines, jail time, probation, community service, mandatory alcohol education programs, and license suspension. For repeat offenders or cases involving aggravating factors such as a high BAC or an accident causing injury or death, the penalties can be more severe.
Post-Conviction and Appeals
After sentencing, the defendant may have the option to appeal the conviction or sentence. An appeal involves challenging the legal basis of the conviction or the fairness of the trial process. The defendant must file a notice of appeal within a specific timeframe, and the appellate court will review the case to determine if there were any errors in the trial that warrant a reversal or modification of the conviction or sentence.
Appeals can be complex and require a thorough understanding of appellate law and procedure. An experienced DWI attorney can provide valuable assistance in identifying grounds for appeal and navigating the appeals process. It is important to note that not all convictions can be successfully appealed, and the appellate court may uphold the original conviction and sentence.
How McCarty Larson, PLLC Can Help You
Facing a DWI charge can feel isolating, but you do not have to go through it alone. At McCarty Larson, PLLC, we approach every case with empathy and determination. We take the time to listen to your concerns, explain the legal process, and build a strong defense strategy tailored to your case.
Our team has extensive experience handling DWI cases in Texas, and we are committed to helping our clients achieve the best possible outcome. Whether that involves negotiating a reduced charge, advocating for alternative sentencing options, or fighting for a dismissal in court, we are dedicated to protecting your future.
The Importance of Acting Quickly
Time is a critical factor in DWI cases. Evidence can be lost or deteriorate, and important deadlines can pass if you delay taking action. For instance, you have only 15 days from the date of your arrest to request an Administrative License Revocation hearing. Failing to request this hearing can result in an automatic suspension of your driver’s license.
By contacting an attorney promptly, you can ensure that your rights are protected and that you have the best chance of building a strong defense. At McCarty Larson, PLLC, we are ready to act quickly on your behalf, gathering evidence, interviewing witnesses, and addressing the legal challenges you face.
Common Mistakes Made During DWI Arrests in Texas
Failing to Remain Silent and Speaking Too Much
One of the most common mistakes made during a DWI arrest in Texas is speaking too much to the arresting officer. Many people feel the need to explain their actions or offer excuses in an attempt to avoid arrest. However, any statements made during this time can later be used as evidence against them in court. It is important to remember that individuals have the right to remain silent. While basic cooperation with law enforcement is necessary, such as providing identification and following lawful orders, anything beyond that can lead to self-incrimination.
The pressure of the situation often leads to panic, causing individuals to say things they later regret. This could include admitting to consuming alcohol or explaining why they may have been driving in a certain manner. These statements can significantly weaken a defense. The best approach during a DWI stop is to remain polite, comply with lawful orders, but refrain from answering questions related to alcohol consumption or driving behavior. Instead, individuals should assert their right to remain silent until they have spoken with an attorney.
Agreeing to Field Sobriety Tests Without Understanding Their Implications
Another common mistake during a DWI arrest is agreeing to field sobriety tests without fully understanding their implications. In Texas, officers may ask drivers to perform tasks such as walking in a straight line, standing on one leg, or following an object with their eyes. These tests are subjective, and an individual’s performance may be impacted by factors unrelated to alcohol consumption, such as nerves, fatigue, or medical conditions. Moreover, field sobriety tests are not required by law, and individuals have the right to politely decline them.
Agreeing to these tests can provide officers with further evidence to use against the individual in court. Often, drivers do not realize they are not legally obligated to perform these tests, and by agreeing, they may inadvertently weaken their defense. Instead of participating in field sobriety tests, drivers should calmly and respectfully decline and wait to speak with an attorney who can advise them on the best course of action.
Submitting to Breath or Blood Tests Without Considering the Consequences
In Texas, the state’s implied consent law requires drivers to submit to a chemical test, such as a breath or blood test, if lawfully arrested for DWI. Refusing to take the test can result in an automatic license suspension and other penalties. However, submitting to a breath or blood test without considering the consequences can also have a significant impact on a DWI case.
Breathalyzers, while commonly used by law enforcement, are not always accurate. Various factors, such as calibration issues, environmental conditions, or improper use by the officer, can lead to incorrect readings. Blood tests are generally more accurate but can still present challenges, especially if proper procedures are not followed during the collection and handling of the sample. In some cases, it may be beneficial to challenge the validity of the test results in court, but by agreeing to the test without understanding its potential consequences, individuals may inadvertently harm their defense.
While refusing a test can lead to immediate penalties, it is important for individuals to consult with an attorney as soon as possible to explore their legal options. A skilled attorney may be able to challenge the test results or the legality of the arrest itself, providing a stronger defense.
Arguing with the Arresting Officer
During a DWI arrest, tensions can run high, and it is not uncommon for individuals to become frustrated or angry with law enforcement officers. However, arguing with the arresting officer is a critical mistake that can worsen the situation. Texas law requires that individuals comply with lawful orders given by police officers, and failure to do so can lead to additional charges, such as resisting arrest or obstruction of justice.
Arguing with an officer, raising one’s voice, or attempting to justify one’s actions only serves to escalate the situation. It is essential to remain calm and composed, even if the arrest feels unfair. Any behavior perceived as aggressive or uncooperative can be used against the individual in court, making it even more difficult to mount a successful defense. Additionally, officers may interpret aggressive behavior as an indication of intoxication, further strengthening their case for a DWI charge.
The key to handling a DWI arrest is to remain polite and cooperative without incriminating oneself. By staying calm and refraining from confrontational behavior, individuals can avoid additional charges and protect their legal rights.
Failing to Seek Legal Representation Immediately
One of the most significant mistakes individuals make after a DWI arrest is failing to seek legal representation immediately. Texas DWI laws are complex, and the consequences of a conviction can be life-altering, including fines, jail time, and a permanent criminal record. Attempting to navigate the legal system without the guidance of an experienced attorney can lead to devastating outcomes.
Many individuals believe they can handle the situation on their own or rely on public defenders, but DWI cases require a thorough understanding of the law and a strategic defense. A knowledgeable attorney can examine the details of the arrest, challenge any procedural errors, and work to have charges reduced or dismissed. Waiting too long to secure legal representation can result in missed opportunities to build a strong defense, and the individual may find themselves facing harsher penalties as a result.
Time is of the essence in DWI cases, and having an attorney involved from the beginning can make all the difference in the outcome of the case. Individuals should prioritize seeking legal representation as soon as possible after their arrest to ensure their rights are protected.
Assuming a DWI Conviction is Inevitable
After being arrested for DWI in Texas, many people make the mistake of assuming that a conviction is inevitable. This sense of defeat can lead individuals to plead guilty without fully understanding the consequences of such a decision. A DWI conviction carries long-term repercussions, including fines, license suspension, potential jail time, and a permanent criminal record. These penalties can affect an individual’s personal and professional life for years to come.
However, it is important to remember that a DWI arrest does not automatically result in a conviction. There are many factors that can be challenged in court, such as the legality of the traffic stop, the accuracy of the field sobriety or breath tests, and the procedures followed during the arrest. With the help of a skilled attorney, individuals may be able to have the charges reduced or even dismissed.
Giving up without exploring all available legal options is a costly mistake. Individuals facing DWI charges should not assume the worst but instead consult with a lawyer who can assess the strengths and weaknesses of the case and provide guidance on how to proceed.
Failing to Take the Arrest Seriously
A final mistake often made during DWI arrests in Texas is failing to take the arrest seriously. Some individuals may believe that because it is their first offense or because they were only slightly over the legal limit, the consequences will be minor. However, Texas takes DWI offenses very seriously, and even a first-time offender can face severe penalties.
Failing to recognize the gravity of the situation can lead to complacency, such as not seeking legal representation, not preparing a strong defense, or failing to follow the proper procedures after the arrest. A DWI conviction can have lasting consequences on a person’s ability to drive, find employment, and maintain a clean criminal record. It is crucial to approach a DWI charge with the seriousness it deserves and take immediate action to protect one’s rights.
Protecting Your Future
A DWI conviction can have lasting consequences beyond the immediate penalties. It can impact your ability to find employment, obtain housing, or pursue educational opportunities. Additionally, it can result in a permanent criminal record that may affect your reputation and relationships.
However, it is important to remember that a charge is not a conviction. With the right legal representation, it is possible to challenge the evidence against you, negotiate favorable terms, or even have the charges dismissed. At McCarty Larson, PLLC, we are committed to helping our clients move forward with confidence and peace of mind.
If you or someone you love is facing a DWI charge in Texas, McCarty Larson, PLLC is here to help. Our experienced attorneys understand the challenges you are facing, and we are dedicated to guiding you through this difficult time. Let us work with you to build a strong defense and pursue the best possible outcome for your case.
To learn more about how we can assist you, contact McCarty Larson, PLLC today. Your future is important to us, and we are here to stand by your side every step of the way.