Honest, aggressive, no-nonsense DWI and DUI representation
People convicted of driving while intoxicated (DWI) or driving under the influence (DUI) face serious consequences in the state of Texas. In fact, Texas imposes some of the most serious DWI and DUI penalties in the country. If you’ve been arrested for driving while intoxicated, it’s important to hire a Fort Worth DWI lawyer who will listen to your side, explain all options available to you and has experience helping clients navigate Texas’ very complex legal system.
The experienced Fort Worth DWI attorneys at the Law Office of Kyle Whitaker know that every DWI case and every individual are unique. When you put your trust in a Tarrant County DWI lawyer at our firm, you can feel confident that your case will be in good hands. As our client, you can also count on us to treat you with honesty, dignity and respect—from day one.
What to expect upon hiring the Law Office of Kyle Whitaker as legal counsel
As a former DA (district attorney) in Tarrant County, Fort Worth DWI lawyer Kyle Whitaker has litigated from both sides of the courtroom and understands what it takes to defend clients facing DWI charges in Texas. After decades of criminal litigation experience, Mr. Whitaker and his experienced team of Fort Worth DWI attorneys know what it takes to meet each client’s individual goals and how to win.
After listening to what you have to say and reviewing all of the evidence—the officer’s report and any video, audio and other evidence—we’ll give you our honest opinion regarding potential charges and penalties. If we think you have a shot at winning at trial, we’ll tell you so. If we don’t, we’ll be honest about that, too.
Whether you are bound and determined to go to trial or need a Fort Worth DWI attorney to get the best deal possible, we’re ready to fight for you. You can also count on us to give it to you straight, educate you about available options and set you on a course that allows you to get on with life as soon as feasibly possible.
We know what steps you need to take to mitigate potential penalties and expedite the probationary period DWI offenders face. Whether that means arranging for a treatment program or getting you started on required classes and community service, our firm takes a proactive approach toward prompt resolution.
Fort Worth DWI Lawyer FAQs about Texas DWI and DUI
What’s the difference between DWI and DUI in Texas? Texas DWI (driving while intoxicated) laws apply to adults 21 years of age or older, while Texas DUI (driving under the influence) laws apply to people under the age of 21, including minors (less than 18 years of age).
What qualifies as a DWI in Texas? Persons ages 21 and above can be charged with a DWI if they drive impaired due to the consumption of alcohol, drugs, a controlled substance or a combination thereof. An officer can charge an adult with DWI based on field sobriety tests and other observances—AND/OR—if the driver has a blood alcohol concentration (BAC) of .08% or above (or evidence of drugs in the bloodstream) based on a breathalyzer or blood test. Even if the driver’s BAC registers below .08%, he or she could still be charged with DWI.
What qualifies as a DUI in Texas? For people under the age of 21 who are charged with DUI, the maximum BAC is .00% because Texas has “zero tolerance” for underage alcohol and drug consumption. If the officer believes the underage individual was driving while impaired, he or she can be charged with DUI. If you or your minor child is facing DUI charges, retaining a DUI lawyer Fort Worth who is experienced representing citizens under the age of 21 is essential.
Is “drugged driving” the same as DWI or DUI? In Texas, driving while intoxicated (DWI) is not limited to driving while under the influence of alcohol. The term intoxicated refers to impairment due to consumption of alcohol, drugs, a controlled substance, a dangerous drug or any combination of two or more of these substances. Along with DWI, the offense may be referred to as drugged driving or driving under the influence of drugs (DUID).
What are the penalties for DWI in Texas? In Texas, the penalties imposed for drunk driving or DWI convictions vary depending upon whether the driver has previous DWI convictions on their record. While an experienced DWI lawyer Ft Worth can explain what penalties may apply to your specific case, the general penalties for first, second and third DWI offenses include:
First DWI Offense
- Fine not to exceed $2,000
- Jail time ranging from three to 180 days
- Loss of the driver’s license for a period of up to one year
- Annual fee of $1,000 to $2,000 for a period of three years to retain a driver’s license
Second DWI Offense
- Fine up to $4,000
- Jail time of one month to one year
- Driver’s license revoked for up to two years
- Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver’s license
Third DWI Offense
- $10,000 fine
- Minimum jail time of two years to a maximum of 10 years
- Driver’s license is revoked for up to two years
- Annual fee of $1,000, $1,500 or $2,000 for three years to retain their driver’s license
In addition, drivers charged with a DWI while a passenger under the age of 15 is in the vehicle, face additional penalties, including jail time of 180 days to two years and up to a $10,000 fine. An individual found with a BAC of 0.15% or more faces jail time of up to one year, and a fine of up to $4,000.
What are the penalties for DUI in Texas? Only those under 21 years of age can be charged with driving under the influence (DUI). Penalties include a maximum fine of $500 and possible suspension of the offender’s driver’s license for two months. In addition, those convicted of a DUI may also be ordered to complete an alcohol education program and perform community service.
Do DWI convictions become a permanent part of your record in Texas? Yes. DWI convictions stick with you for life, which means DWI charges remain on your criminal record and can be counted against you if you face a subsequent charge. For example, even if you had your first DWI offense 20 years ago, if you face another DWI charge now, it will be considered your second offense, and you will face bigger fines and jail time than the first time around. That’s why it’s important to hire an experienced DWI attorney Fort Worth to represent you.
What does implied consent mean and what role does it play in alcohol testing? All states have implied consent laws, which means you automatically consent to chemical and field sobriety tests that determine impairment when you apply for a driver’s license. The method of testing is determined by the law enforcement officers at the scene, which may include a breathalyzer or blood alcohol test. That being said, police officers cannot force you to take these tests. Instead, you face penalties for refusing. In Texas, if you refuse to submit to the blood alcohol or breathalyzer test, your license will be suspended. Licenses of first-time offenders will be suspended for 180 days. Licenses of second- or third-time offenders will be suspended for two years. A DWI lawyer Fort Worth can explain the steps you need to take to regain your license.
Contact our DWI attorneys for honest, straight forward legal advice
If you need a no-nonsense Fort Worth DWI lawyer, who listens without judgment and is willing to fight aggressively on your behalf, the legal team at the Law Office of Kyle Whitaker is here to help. To speak with one of our Fort Worth DWI attorneys, call our office at 817-332-7703 or contact us online to schedule a free consultation.