Being arrested for DWI in Dallas can create uncertainty and concerns about your driver’s license, your record, and your future responsibilities.
However, an arrest does not automatically mean a conviction. Every case involves unique circumstances that should be carefully evaluated to understand what happened, what evidence exists, and what legal options may be available.
Understanding the process from the beginning can help you make informed decisions and avoid unnecessary mistakes. At Manuel Diaz Law Firm, we help individuals understand DWI charges in Texas, learn about their options, and prepare for the next steps with greater clarity and confidence.
Do you have questions about a DWI arrest in Dallas? Speak with our team to learn about your options: (855) 900-3429
Free Consultation · 24/7 Availability · Spanish-Speaking Staff
We handle DWI cases in Dallas County, Collin County, Denton County, and communities throughout the DFW area
Texas DWI Laws: What You Should Know
In Texas, a person may be charged with Driving While Intoxicated (DWI) if:
- Their Blood Alcohol Concentration (BAC) is 0.08% or higher, or
- They have lost the normal use of their mental or physical faculties due to alcohol or other substances
- This may include prescription medications, over-the-counter medications, and illegal substances, not just alcohol
It is important to understand that Texas law does not necessarily require a BAC reading above 0.08% for a DWI charge to be filed. Depending on the circumstances, an officer may rely on observations made during the stop to determine whether there was probable cause for an arrest.
DWI Penalties in Texas
The consequences of a DWI charge can vary depending on factors such as prior offenses, blood alcohol concentration, and other case-specific circumstances.
| Offense | Jail / Fine | License Suspension |
|---|---|---|
| 1st DWI (Class B Misdemeanor) | 3 days – 180 days / Up to $2,000 | 90 days – 1 year |
| 2nd DWI (Class A Misdemeanor) | 30 days – 1 year / Up to $4,000 | 180 days – 2 years |
| 3rd DWI (3rd Degree Felony) | 2 – 10 years / Up to $10,000 | 180 days – 2 years |
| DWI with BAC ≥ 0.15% | Up to 1 year / Up to $4,000 | 90 days – 1 year |
| DWI with Child Passenger | 180 days – 2 years / Up to $10,000 | 180 days – 2 years |
In addition to these potential penalties, a DWI conviction may result in other consequences, including educational program requirements, community service, driving restrictions, and the possible installation of an ignition interlock device, depending on the circumstances of the case.
How a DWI Defense Is Built
Every DWI case is different, but there are several factors that may be reviewed to better understand the circumstances surrounding an arrest and the available evidence.
1. The Legality of the Traffic Stop
Law enforcement officers generally must have a legal basis for initiating a traffic stop. Depending on the facts of the case, the legality of the stop may become an important issue during the legal process.
2. Field Sobriety Tests
Field sobriety tests must be administered according to specific procedures. Factors such as medical conditions, lighting, uneven surfaces, or errors during administration may affect the results obtained.
3. Breath Test Results
Breath-testing devices require proper maintenance, calibration, and administration. Depending on the circumstances, there may be factors that affect the accuracy of certain results.
4. Blood Testing Procedures
When a blood sample is collected, the collection, storage, and handling of the evidence may become important factors in understanding how the investigation was conducted.
5. Respect for Constitutional Rights
During any arrest or investigation, law enforcement officers must respect the constitutional rights of the individuals involved. Depending on the facts of the case, certain aspects of the process may require further evaluation.
What Happens to Your License After a DWI Arrest in Dallas?
When a person is arrested for DWI in Texas, two separate processes may begin at the same time:
- The criminal case related to the DWI charge
- The administrative driver’s license process handled through the Texas Department of Public Safety (DPS)
IMPORTANT DEADLINE: You have only 15 DAYS from your DWI arrest to request an ALR hearing to contest the suspension of your driver’s license. Miss this window and your license will be automatically suspended. Call (855) 900-3429 immediately to protect your driving privileges.
Legal Guidance for DWI Cases in Dallas
A DWI charge can affect many aspects of your life, from your ability to drive to future employment opportunities. Understanding the process and taking timely action can help you make more informed decisions.
At Manuel Diaz Law Firm, we help individuals understand how DWI cases work in Texas, what options may be available, and what to expect throughout each stage of the process.
We serve the Hispanic community in Spanish so clients can communicate clearly and feel supported throughout the process.
Frequently Asked Questions — DWI in Dallas, TX
Can a DWI be dismissed in Dallas County?
Yes. DWI charges may be dismissed when evidence is excluded due to an unlawful traffic stop, improper testing procedures, constitutional violations, or when the prosecution lacks sufficient evidence. Our attorneys evaluate every case to identify potential opportunities for dismissal.
Should I take the breath test if stopped for DWI in Texas?
This decision can have important legal consequences. Texas has implied consent laws, and refusing certain tests may affect your driving privileges. Understanding the possible consequences can help you make informed decisions.
Will a DWI conviction appear on my background check?
DWI convictions may have consequences beyond the criminal process and could appear on certain background checks. How this affects a person depends on their individual circumstances.
What is an ignition interlock device and will I need one?
An ignition interlock device is a system connected to a vehicle that requires a breath sample before the vehicle can be started. Depending on the case, courts may order installation of the device as part of certain conditions or requirements.
Do you handle DWI cases outside of Dallas?
Yes. From our Dallas office, we handle DWI cases throughout Dallas County and the DFW metroplex, including Collin County (Plano, McKinney, Frisco), Denton County, and Tarrant County.
Understanding your options can make an important difference in how you approach a DWI charge. Speak with our Dallas team to learn about the next steps available to you. (855) 900-3429 · Available 24/7 · Free Consultation 8100 John W. Carpenter Fwy, Suite 200, Dallas, TX 75247 diazlf.com/criminal-defense/dwi-dui-attorneys
