Blog Posts - Dwi/dui
Can I Be Arrested for DWI if My BAC is Under 0.08?
Many drivers are legally intoxicated even if they “pass” Breathalyzer tests. Yes, you can be arrested for DWI if your BAC is under .08. The BAC limit is lower in some cases. It is .04 for commercial drivers, like truck drivers, and .01 for minors. Additionally, Texas has a per...
Continue ReadingWhat Happens if I Refuse a Breath or Blood Test?
Refusals often affect driving privileges and trial outcomes. A breath or blood test refusal usually, but certainly not always, means driver’s license suspension and a not-guilty verdict at trial. More on these things below. Prosecutors have used chemical alcohol tests since the 1950s. Breathalyzers made DUI cases easier to prove,...
Continue ReadingCan I Be Charged With a DWI if I Was Under the Legal Limit But Impaired?
Alcohol impairment cases could, but usually don’t, hold up in court. Yes, but these cases are difficult to prove in court. Texas, like most other states, has a per se DWI law. Drivers with a BAC level above the legal limit, which is usually .08, are intoxicated as a matter...
Continue ReadingCan a DWI Be Reduced or Dismissed?
Prosecutors or judges could prevent DWI matters from moving forward. Usually, a DWI cannot be reduced to a lesser-included offense. Most North Texas jurisdictions have mandatory DUI prosecution policies. When authorities file DWI charges, court prosecutors cannot voluntarily dismiss or reduce these charges under any circumstances. Involuntary dismissal is another...
Continue ReadingWhat is the Process After Being Arrested for DWI?
DWI defendants must get out of jail and deal with the ALR process. Every year, police officers arrest hundreds of thousands of people for DWI. These incidents shot up during and after the coronavirus pandemic. In 2025, many police departments have a “take back the streets” mentality in this area....
Continue ReadingCan I Lose My License After a DWI Arrest?
DWI arrests trigger license suspensions, but an appeal is available. Texas, like most other jurisdictions, is an implied consent state. When drivers sign their licenses, they agree to provide chemical samples upon demand. If they refuse to provide a sample, or if their BAC is above the legal limit (which...
Continue ReadingWhat Happens if You Refuse a Field Sobriety Test?
Complete refusal often means a trip to jail and a successful outcome. Suspects who refuse to perform a DWI field sobriety test, whether the test is approved or unapproved, almost always go to jail. However, when officers ask suspects to take FSTs, they usually arrest those suspects anyway. Additionally, the...
Continue ReadingCan I Be Charged With DWI if I am Under the Legal Limit for BAC?
Defendants with BACs under the legal limit can be charged with and convicted of DWI. Yes, but under-the-limit BAC cases are much more complex than over-the-limit DWIs. Texas, like most other states, has a per se DWI law. Defendants with BACs above the legal limit are intoxicated as a matter...
Continue ReadingWhat is the Difference Between DUI and DWI?
These alcohol-related offenses are similar in most respects. As is the case in most other states, Texas’ zero tolerance law is the difference between DUI and DWI. Driving Under the Influence is a zero tolerance offense that applies to minors under 21. These individuals cannot legally drive if they have...
Continue ReadingCan the Results of a Breathalyzer Test Be Challenged in Court?
Authenticating a Breathalyzer sample is a three-step process in Texas Electronic evidence, including Breathalyzer evidence, is only admissible if properly authenticated. As outlined below, authenticating a breath sample is usually a three-step process. These three steps must convince a factfinder, either a judge or a jury, that the proffered sample...
Continue ReadingFAQs About BAC Limits for Texas Drivers
Blood Alcohol Content usually, but not always, determines legal intoxication. In the Lone Star State, BAC usually means blood alcohol content. However, under TPC Section 49.01, BAC could also mean breath alcohol content. That is a minor note that could make a major difference in a DUI defense because it...
Continue ReadingWhat Can Result From a First-Time DWI Offense?
DUIs have significant civil, criminal, and other consequences in Texas. High cost is the inevitable result of a DUI conviction. This cost averages about $20,000. It is hard to avoid these costs because most North Texas jurisdictions have mandatory DUI prosecution policies. According to these policies, prosecutors cannot reduce DUI...
Continue ReadingDefending Against DUI Charges: Know the Most Common Strategies
Under Texas law Texas Penal Code Sec. 49.04, intoxicated driving (DUI/DWI) is a serious criminal offense. If you are facing a DUI charge, it is normal to be stressed, confused, and worried about your future. Of course, a charge is not a conviction. You have the right to raise a...
Continue ReadingDo I Have to Be Driving a Vehicle to Get a DWI?
Drunk driving is a serious criminal offense. Under Texas law (Texas Penal Code Sec. 49.04), you can be arrested and charged if you are found to be “intoxicated while operating a motor vehicle in a public place.” A common misconception about our state’s DWI law is that people believe that...
Continue ReadingDUI Arrests in Fort Worth, Texas
You can get charged with DUI in Texas if you are under the age of 21 and you have any detectable amount of alcohol in your blood; you should hire a criminal defense lawyer to represent you in your DUI case, even if you are legally a minor. Drunk driving...
Continue ReadingDo I have to Be Driving to Get a DWI in Texas?
Driving, which Texas law defines oddly, is a key component of a DWI case. Intoxication is usually the most important issue in a DWI. Prosecutors may prove intoxication by showing the defendant completely lose the use of their mental or physical faculties or the defendant had a BAC level above...
Continue ReadingWhat are the Penalties for Refusing a Breathalyzer Test in Texas?
If you refuse to take a breathalyzer test or give a blood sample during a DWI traffic stop in TX, the state can suspend your driver’s license, regardless of whether you eventually get a DWI conviction for the incident. The law sets strict standards for the circumstances when police are...
Continue ReadingIs There a Penalty for Refusing a Field Sobriety Test in Texas?
You have the right to refuse field sobriety tests and breathalyzer tests, but if you do, the court can suspend your driver’s license for 180 days, and the police will probably arrest you for DWI, anyway, but even if they do, you are innocent until proven guilty. The court cannot...
Continue ReadingDo You Lose Your License for a DWI in Texas?
Were you arrested for drunk driving or drugged driving in Texas? If so, it is crucial that you know what to do to protect your ability to drive. You can lose your driver’s license for a DWI in Texas. In fact, your license can be suspended administratively before you are...
Continue ReadingA Comprehensive Guide to the Underage Drunk Driving Laws in Texas
Texas takes drunk driving very seriously. A DUI is a serious criminal offense that can lead to the loss of a driver’s license and even jail time. For underage drivers (15 to 21), the DUI laws are even more strict. As explained by the Texas Department of Public Safety (DPS),...
Continue ReadingWhat are the Penalties for Public Intoxication in TX?
Under Texas law (Texas Penal Code § 49.01), a person can be arrested for and charged with the offense of public intoxication if he or she “_appears in a public place while intoxicated to the degree that the person may endanger the person or another._” It should be emphasized that...
Continue ReadingHow to Report a Drunk Driver in TX
So you’re walking down the street, biking around the neighborhood, or driving down the highway, and you see a vehicle moving erratically. You’re thinking about whether you should mind your own business or call the police. Yes – you should. It’s crucial to protect the roads and other road users’...
Continue ReadingHow Can Prosecutors Prove I Was Drinking and Driving?
Driving while intoxicated (DWI) with alcohol or drugs isn’t only dangerous. It is also illegal in all states. Despite this, drunk driving remains to be one of the top causes of motor vehicle crashes in the country, often causing life-changing injuries and deaths. This is why DWI laws are strictly...
Continue ReadingWhat Happens When You Have Been Arrested for a DWI, and There is a Child in The Car?
When it comes to DWI with a child in the car, it really does not matter that you were driving safely or that you did not get into an accident. If you get arrested or pulled over for DWI (driving while intoxicated) in Texas, and you have a minor child...
Continue ReadingWhat Elements Must Be Proven for a DWI Conviction?
Most non-lawyers have a general knowledge of what a particular criminal violation might be. However, they generally don’t know what exactly the state must move in order to convict a client of a crime. These required proofs are broken down into discrete sections, each of which must be proven beyond...
Continue ReadingDoes a DUI in Texas Affect a Commercial Driver’s License?
The short answer to this question is yes, a conviction of driving while intoxicated (DWI) in Texas will impact your commercial driver’s license (CDL). Upon a conviction of impaired driving, the Texas Department of Public Safety (DPS) can suspend your CDL for one year or longer. This is the case...
Continue ReadingWhat Are The Consequences of a DWI in Texas?
Driving while intoxicated (DWI) or under the influence of alcohol and/or drugs risks not only your life but also the safety and lives of other people. It could likewise land you in jail. In Texas, a driver is considered legally intoxicated when a driver’s blood alcohol concentration (BAC) is 0.08%....
Continue ReadingNational Impaired Driving Month in December
There is no doubt that driving under the influence of alcohol (DUI) is a dangerous decision that results in many accidents, injuries, and fatalities each year in Texas and throughout the United States. For this reason, safety advocates have deemed December as National Impaired Driving Prevention Month. Not only do...
Continue ReadingPenalties for DWI in Texas
The State of Texas takes Driving While Intoxicated offenses seriously Texas is cracking down on those who drive while intoxicated or under the influence. The State makes it clear that it does not tolerate drivers who operate their vehicles while intoxicated and the penalties put in place reflect this. If...
Continue ReadingWhat is the Difference Between a DUI and DWI in Texas?
While many people use the terms interchangeably, a DUI and DWI are two separate offenses in Texas Under the Texas Penal Code, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are separate and distinct charges. Both involve a person driving while impaired by drugs or alcohol. Also, if...
Continue ReadingTexas DWI Laws
Driving While Intoxicated is a serious offense in Texas and the potential penalties are severe In Texas, you may face a DWI charge if you are found to be driving while intoxicated. Intoxicated means that you are not in normal control of your mental or physical faculties as a result...
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