Texas DWI Attorneys

DWI Attorneys in Texas
(800) 852-8005

Texas DWI Attorneys

WARNING
YOU ONLY HAVE 15 DAYS

from the date of your arrest for DWI in Texas to request an administrative hearing about your driver's license. If you do not, your driver's license will be automatically suspended. For immediate help contact a Texas DWI Attorney.

AustinFort WorthDallasHoustonSan AntonioGeorgetownSan MarcosBastropKilleen

Get help from one of our Local Texas DWI Attorneys Today

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Select the county where your DWI occurred to find a Texas DWI Attorney


 

 
Bastrop County, TX:
Bell County, TX:
Burnet County, TX:
Hays County, TX:
Johnson County, TX:
McLennan County, TX:
Parker County, TX:
Tarrant County, TX:
Travis County, TX:
Williamson County, TX:
Office phone: (512) 900-8499
Office phone: (512) 900-8499
Office phone: (512) 900-8499
Office phone: (512) 900-8499
Office phone: (817) 900-0064
Office phone: (512) 900-8499
Office phone: (817) 900-0064
Office phone: (817) 900-0064
Office phone: (512) 900-8499
Office phone: (512) 900-8499
 

 

 
Brazoria County, TX:
Fort Bend County, TX:
Galveston County, TX:
Harris County, TX:
Montgomery County, TX:
Office phone: (979) 599-5059
Office phone: (281) 241-4143
Office phone: (409) 877-1550
Office phone: (713) 568-9595
Office phone: (936) 755-3700
 

 

Collin County, TX:
Dallas County, TX:
Denton County, TX:
 
Office phone: (214) 572-1927
Office phone: (214) 572-1927
Office phone: (214) 572-1927
 

 

 
Bexar County, TX:
Frio County, TX:
Medina County, TX:
Uvalde County, TX:
Val Verde County, TX:

Office phone: (210) 591-7077
Office phone: (830) 522-2899
Office phone: (830) 522-2900
Office phone: (830) 421-3665
Office phone: (830) 483-4442
 

 

Arrested for DWI in Texas?

Click here to jump to the Texas DWI Attorneys section.
If you have been charged with a Texas DWI (Driving While Intoxicated) there are two things that you need to consider:

1) Take your Texas DWI charge seriously.
A conviction for a DWI in Texas will have long lasting consequences. A criminal record can affect your employment, your future and your personal freedom.

2) Hire an experienced Texas DWI Lawyer.
Understanding the Texas DWI laws and courtroom proceedings can be a challenge. Hiring a qualified Texas DWI lawyer from DWI.com who focuses on DWI defense can make a difference in the outcome of your case.

Each Texas DWI lawyer at DWI.com offers an initial review of your case. Your inquiry is both free and confidential.

To begin fighting your Texas DWI (driving while intoxicated), use the drop-down menu above to locate a Texas DWI Attorney in your county. But do it now, as time is very critical in a Texas DWI case. Please remember that just because you have been arrested for a DWI in Texas, it doesn’t mean you are guilty. For instance with an Austin DWI, the police will arrest you for a DWI even if your breath test results are under the legal limit of .08.


Texas DWI Laws

Texas DWI LawsTexas DWI TermsTexas DWI PenaltiesTexas Drivers Licenses Suspensions

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Alcohol and drug-related traffic offenses, commonly known as driving while intoxicated (DWI), are frequently prosecuted criminal offenses in Texas. They are also subject to administrative penalties. If the alcohol concentration in a person’s blood, breath or urine is .08 percent or higher, the person is considered intoxicated by law.

With some circumstances under the Texas DWI laws, the legal definition of intoxication is met even if a person’s alcohol concentration is lower than .08 percent. Having alcohol, a drug or a controlled substance in one’s body that causes loss of normal use of mental or physical faculties also is considered intoxication. If the person is operating a vehicle, vessel or even water skis in a public place, he or she is considered to be driving while intoxicated, which is a Class B misdemeanor in Texas. Boating or operating an aircraft while intoxicated also are crimes in Texas.

The minimum amount of jail time in Texas for driving while intoxicated is 72 hours, unless there is an open container of alcohol in the person’s possession, in which case the jail time is at least six days. Consuming any amount of alcohol while operating a motor vehicle also is an offense in Texas.

In addition to jail time, a person who is convicted of Texas DWI the first time will have his or her driver’s license suspended for 90 days to one year. Even if there is no conviction, the positive indication of alcohol from a blood, breath or urine test will result in automatic suspension of the person’s driver’s license. The person also may be required to complete an alcohol educational program for those who have operated motor vehicles while intoxicated. A person who fails to complete such a program when sentenced to do so may lose his or her license. A subsequent DWI conviction will result in driver’s license suspension for another 18 months. In order to get the license back after the suspension period is over, the person must pay $125. Additionally if convicted of DWI you will be enrolled in the Texas Surcharge Program.

Refusing to submit to a blood, breath or urine test in Texas also carries penalties. If an officer has reason to believe that a person is driving while intoxicated, and the driver refuses to submit to a test, the person’s driver’s license will be automatically suspended for a minimum of 90 days if the person is 21 years of age or older, and for at least one year if the person is under 21. The period of license suspension increases with every subsequent test that shows an alcohol concentration above the legal limit, and with each time a person refuses to submit to alcohol testing. For example, if a person refuses to be tested for intoxication and there has been an alcohol or drug related conviction or license suspension within the previous five years, the person will lose his or her license automatically for one year. Under any circumstances, however, the person is entitled to a hearing.

Call for a Texas DWI Attorney
(800) 852-8005


Texas DWI Attorneys

AttorneysCityCountyPhone
Paul DunhamAustinTravis County, TX(512) 900-8499
Scotty JonesFt. WorthTarrant County, TX(817) 900-0064
Colin McLaughlinFt. WorthTarrant County, TX(817) 900-0064
Matthew ByrneAustinTravis County, TX(512) 900-8499
Jeff CaseyAustinTravis County, TX(512) 900-8499
Ryan ChurchAustinTravis County, TX(512) 900-8499
Andrew DammannDallasDallas County, TX(817) 900-0064
Chris DelisioAustinTravis County, TX(512) 900-8499
Michael DerrickFt. WorthTarrant County, TX(817) 900-0064
Mitch DooleyDallasDallas County, TX(817) 900-0064
Kathy Ehmann-ClardyFt. WorthTarrant County, TX(817) 900-0064
Jim EricksonAustinTravis County, TX(512) 900-8499
Daniel GarciaAustinTravis County, TX(512) 900-8499
Brett HiserDallasDallas County, TX(512) 900-8499
Chris JeansonneAustinTravis County, TX(512) 900-8499
Bohumila JonesFt. WorthTarrant County, TX(817) 900-0064
Courtney MillerFt. WorthTarrant County, TX(817) 900-0064
Adam NicholsonFt. WorthTarrant County, TX(817) 900-0064
Joseph O’BellAustinTravis County, TX(512) 900-8499
Chirs ParksAustinTravis County, TX(512) 900-8499
Michael ParsonsAustinTravis County, TX(512) 900-8499
Thad ThomasonAustinTravis County, TX(512) 900-8499
Jim WilsonAustinTravis County, TX(512) 900-8499
Dane JohnsonHoustonHarris County, TX(281) 241-4143
Leslie JohnsonHoustonHarris County, TX(281) 241-4143
Alan BaerHoustonHarris County, TX(281) 241-4143
Shawn C. BrownSan AntonioBexar County, TX(210) 591-7077
Travis BaskinSan AntonioBexar County, TX(210) 591-7077
Adrian FloresSan AntonioBexar County, TX(210) 591-7077
Bryan S. OrihelSan AntonioBexar County, TX(210) 591-7077
Alex J. ScharffSan AntonioBexar County, TX(210) 591-7077
Randall B. IsenbergDallasDallas County, TX(214) 572-1927

Texas DWI Attorneys


Texas Drivers License Suspension Periods, Texas DWI Statutes, Ignition Interlock Devices

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1. Driving on Roadway Laned for Traffic. Texas Transportation Code § 545.060

(a) An operator on a roadway divided into two or more clearly marked lanes for traffic:
(1) shall drive as nearly as practical entirely within a single lane; and
(2) may not move from the lane unless that movement can be made safely.

2. Conditions requiring motor vehicle ignition interlock. Texas Code Criminal Procedure Article 17.441.

(a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Sections 49.04-49.06, Penal Code, or an offense under Section 49.07 or 49.08 of that code:
(1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and
(2) not operate any motor vehicle unless the vehicle is equipped with that device.
(b) The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice.

2.1 Interlock as a condition of community supervision. Texas Code Criminal Procedure Ar. 42.12 § 13(i)

If it is shown on the trial of the offense that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed … the court shoal require as a condition of community supervision that the defendant have the device installed on the appropriate vehicle and that the defendant not operate any motor vehicle unless the vehicle is equipped with that device.

3. No Deferred Adjudication for Intoxication Offenses. Texas Code Criminal Procedure Article 42.12, § 5(d)(1)(a)

(d) In all other cases the judge may grant deferred adjudication unless:
(1) the defendant is charged with an offense:
(A) under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; …

4. No Early Release for DWI. Texas Code Criminal Procedure Article 42.12, § 20(b)

(b) This section does not apply to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code …

5. Jail Time as a Condition of DWI Conviction. Texas Code Criminal Procedure Article 42.14, § 13(a)(1)

(a) A judge granting community supervision to a defendant convicted of an offense under Chapter 49, Penal Code, shall require as a condition of community supervision that the defendant submit to:
(1) not less than 72 hours of continuous confinement in county jail if the defendant was punished under Section 49.09(a); not less than five days of confinement in county jail if the defendant was punished under Section 49.09(b) or (c); or not less than 30 days of confinement in county jail if the defendant was convicted under Section 49.07; …

6. Enhanced Offenses and Penalties. Texas Penal Code § 49.09(a) & (b)

(a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated.
(b) An offense under Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted:
(1) one time of an offense under Section 49.08 or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense under Section 49.08; or
(2) two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.

7. Jury May Recommend That License not be Suspended. Texas Code Criminal Procedure Article 42.12, § 13(g)

(g) A jury that recommends community supervision for a person convicted of an offense under Sections 49.04-49.08, Penal Code, may recommend that any driver’s license issued to the defendant under Chapter 521, Transportation Code, not be suspended. This subsection does not apply to a person punished under Section 49.09(a) or (b), Penal Code, and subject to Section 49.09(g) of that code.

8. Drivers License Suspension Periods for DWI. Texas Code Criminal Procedure Article 42.12, § 13(k)

(k) Notwithstanding Sections 521.344(d)-(l), Transportation Code, if the judge, under Subsection (h) or (j) of this section, permits or requires a defendant punished under Section 49.09, Penal Code, to attend an educational program as a condition of community supervision, or waives the required attendance for such a program, and the defendant has previously been required to attend such a program, or the required attendance at the program had been waived, the judge nonetheless shall order the suspension of the driver’s license, permit, or operating privilege of that person for a period determined by the judge according to the following schedule:
(1) not less than 90 days or more than 365 days, if the defendant is convicted under Sections 49.04-49.08, Penal Code;
(2) not less than 180 days or more than two years, if the defendant is punished under Section 49.09(a) or (b), Penal Code; or
(3) not less than one year or more than two years, if the person is convicted of a second or subsequent offense under Sections 49.04-49.08, Penal Code, committed within five years of the date on which the most recent preceding offense was committed.

9. Suspension of Minor’s License Upon DWI Conviction. Texas Code Criminal Procedure Article 42.12, § 13(n)

(n) Notwithstanding any other provision of this section or other law, the judge who places on community supervision a defendant who is younger than 21 years of age and convicted for an offense under Sections 49.04-49.08, Penal Code, shall:
(1) order that the defendant’s driver’s license be suspended for 90 days beginning on the date that the person is placed on community supervision; and
(2) require as a condition of community supervision that the defendant not operate a motor vehicle unless the vehicle is equipped with the device described by Subsection (l) of this section.

10. Credit for ALR Refusal Suspension. Texas Transportation Code § 521.344

(c) The court shall credit toward the period of suspension a suspension imposed on the person for refusal to give a specimen under Chapter 724 if the refusal followed an arrest for the same offense for which the court is suspending the person’s license under this chapter. The court may not extend the credit to a person:
(1) who has been previously convicted of an offense under Section 49.04, 49.07, or 49.08, Penal Code; or
(2) whose period of suspension is governed by Section 521.342(b).

11. Community Service Provisions. Texas Code Criminal Procedure Article 42.12, § 16(a)

(a) A judge shall require as a condition of community supervision, that the defendant work a specified number of hours at community service project or projects for an organization or organizations approved by the judge and designated by the department, unless the judge determines and notes on the order placing the defendant on community supervision that:
(1) the defendant is physically or mentally incapable of participating in the project;
(2) participating in the project will work a hardship on the defendant or the defendant’s dependents;
(3) the defendant is to be confined in a substance abuse punishment facility as a condition of community supervision; or
(4) there is other good cause shown.

12. Community Supervision Does Not Have to be for Two Years. Texas Code Criminal Procedure Article 42.12, § 3(c)

(c) The maximum period of community supervision is two years.

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Texas DWI Attorneys
DWI Attorneys in Texas

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Texas DWI Attorneys


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