
Overview
DWI & DUI Defense claims in Dallas County
In Texas the charge most people call a DUI is usually a DWI. Driving While Intoxicated under Penal Code § 49.04 applies to drivers with a blood alcohol concentration of 0.08 or higher, or who have lost the normal use of their mental or physical faculties from alcohol, drugs or a combination. DUI is a separate, narrower offense under the Alcoholic Beverage Code that applies to drivers under 21 with any detectable amount of alcohol. The label matters, because the two carry different punishment ranges and different defenses.
A DWI arrest actually starts two cases at once. There is the criminal case, and there is a separate administrative proceeding against your driver's license. If you refused or failed a breath or blood test, you generally have only fifteen days from the date of notice to request an Administrative License Revocation hearing — miss that deadline and the suspension takes effect without anyone reviewing it. That hearing is also one of the earliest opportunities to put the arresting officer under oath.
We look hard at the front of these cases: whether there was a lawful reason for the stop, whether the field sobriety tests were administered the way the standardized manuals require, how the breath instrument was maintained, and whether a blood draw followed proper procedure and chain of custody. Call us before that fifteen-day window closes.
What We Handle
DWI & DUI Defense cases we take on
- First-offense DWI (Class B and Class A misdemeanors)
- DWI with a BAC of 0.15 or higher
- Second, third and subsequent DWI charges, including felony DWI
- DWI with a child passenger
- Intoxication assault and intoxication manslaughter
- Underage DUI charges under the Alcoholic Beverage Code
- Administrative License Revocation (ALR) hearings
- Breath test and blood test challenges
- Occupational (essential need) driver's license petitions
- Ignition interlock and bond condition issues
The Process
Three steps, start to resolution
- 01
Protect the License First
We request the ALR hearing inside the fifteen-day window, which both preserves your driving privileges and gives us an early, sworn look at the officer's account.
- 02
Attack the Evidence
We review dash and body camera footage against the standardized field sobriety testing protocols, obtain maintenance and calibration records for breath instruments, and scrutinize blood draw procedure, lab analysis and chain of custody.
- 03
Negotiate or Try the Case
Depending on what the record shows, that may mean a motion to suppress, a reduction, a dismissal, or a trial. We tell you which of those is realistic rather than which sounds best.
Need a dwi & dui defense attorney in Dallas?
Tell us what happened and we will tell you where you stand. Consultations are free, confidential, and available in English and Spanish.
FAQ
DWI & DUI Defense questions we hear
General information only — every case turns on its own facts. Call us for an answer about yours.
DWI is the Penal Code offense that applies to drivers of any age who are intoxicated — a BAC of 0.08 or more, or loss of normal faculties. DUI is a separate Alcoholic Beverage Code offense that applies only to drivers under 21 with any detectable amount of alcohol. A driver under 21 can be charged with either, depending on the facts.
There is no answer that fits every stop. Refusal generally triggers a longer license suspension and can be mentioned at trial, while consenting produces a number the State will build its case around. Refusal also does not necessarily prevent testing — officers frequently obtain a search warrant for a blood draw. What matters now is what happened in your case and what the resulting record actually shows.
Fifteen days from the date you received notice of suspension. It is a firm deadline. Requesting the hearing generally keeps your license valid until the hearing is decided, so this is the first thing we handle after you call.
Often yes, through an occupational — or essential need — driver's license, which permits driving for work, school and household necessities under conditions set by the court. We can petition for one as part of handling your case.
Usually not. A first offense is typically a Class B misdemeanor, rising to a Class A if your BAC was 0.15 or higher. It becomes a felony in specific circumstances: a third or subsequent offense, a child passenger in the vehicle, or a crash causing serious injury or death.
If the case ends in a dismissal or an acquittal, expunction may be available. Texas also allows orders of nondisclosure for certain first-time DWI outcomes after a waiting period, subject to conditions such as no accident involving another person. Eligibility is fact-specific, and it is one of the things worth weighing before accepting any plea.
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