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.

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For 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.

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.

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From the first phone call late on a Friday afternoon to the successful out come of our legal issue, our family has had nothing but praises for the entire staff at McCarty-Larson. Always available, honest and upfront about the whole process. Mr. McCarty is an experienced and knowledgeable attorney with whom we always felt secure. And he genuinely cared about our family member. Robin and Natalie are a great team. Hayley was always very helpful too. Thank you to the entire staff and firm.

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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.

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.

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.