DWI Defense Attorney for Texas Drunk Driving Charges

A DWI arrest can create immediate concerns about jail, driving privileges, employment, insurance costs, and a permanent criminal record. However, an arrest does not mean the state can automatically prove intoxication.

Texas DWI cases frequently depend on traffic-stop evidence, field sobriety tests, body-camera recordings, breath testing, blood analysis, and observations made by police officers.

A DWI Defense Attorney can examine each stage of the investigation to determine whether the stop was lawful and whether the evidence reliably establishes intoxication. Milner & Wynne represents clients facing DWI and other criminal charges in Dallas and throughout North Texas.

What Is DWI in Texas?

Texas Penal Code §49.04 generally prohibits operating a motor vehicle in a public place while intoxicated.

Texas law defines intoxication in two primary ways.

A person can be considered intoxicated when they do not have the normal use of mental or physical faculties because of alcohol, drugs, a combination of substances, or another qualifying substance.

Texas also uses a per se alcohol concentration standard of 0.08 or more.

This means prosecutors do not necessarily need a breath or blood result above 0.08 to pursue a DWI case. They may attempt to establish loss of normal faculties through other evidence.

What Are the Penalties for a First DWI?

A first DWI is generally a Class B misdemeanor in Texas.

The offense carries a minimum term of confinement of 72 hours. Texas law increases that minimum to six days when an open container of alcohol is found in the person's immediate possession.

A Class B misdemeanor can generally carry:

• Up to 180 days in jail
• A fine of up to $2,000

If an analysis of the defendant's blood, breath, or urine shows an alcohol concentration of 0.15 or more at the time of analysis, the DWI is generally elevated to a Class A misdemeanor.

Additional consequences can involve driver's license restrictions, ignition interlock requirements, community supervision conditions, and other court-ordered obligations.

When Does DWI Become a Felony?

Prior intoxication-related convictions can substantially increase the seriousness of a DWI charge.

Texas law generally makes a DWI a Class A misdemeanor, with a minimum 30-day confinement term, when the defendant has one qualifying prior intoxication-related conviction.

A DWI can become a third-degree felony when the defendant has two qualifying prior intoxication-related convictions.

A third-degree felony generally carries two to 10 years in prison and a possible fine of up to $10,000.

Other DWI-related offenses, including intoxication assault and intoxication manslaughter, can also result in felony prosecution.

The Initial Traffic Stop

Many DWI defenses begin with the reason police stopped the vehicle.

An officer might claim to have observed:

• Speeding
• Weaving
• Failure to maintain a lane
• Running a traffic signal
• Driving without headlights
• An equipment violation
• Another traffic offense

The Fourth Amendment limits unreasonable seizures.

Defense counsel can examine dash-camera and body-camera footage to determine whether the officer's description matches what the available recordings actually show.

If the stop lacked sufficient legal justification, the defense may seek suppression of evidence when supported by the law and circumstances.

Field Sobriety Tests

Officers commonly use standardized field sobriety tests during DWI investigations.

These can include the horizontal gaze nystagmus test, walk-and-turn test, and one-leg stand test.

Police may interpret performance as evidence of intoxication.

However, several circumstances can affect physical performance.

A person may have balance problems, injuries, uncomfortable footwear, fatigue, anxiety, or other conditions. Road surface, lighting, traffic, and weather can also affect testing conditions.

Body-camera footage can provide important evidence concerning both how officers administered the tests and how the driver actually performed.

Breath Test Evidence

A breath test result may become a major part of the prosecution's case, but it should still be examined carefully.

Questions can involve:

• Testing procedures
• Device maintenance
• Operator procedures
• Observation requirements
• Timing
• Documentation
• Reliability of the reported result

The timing of the test can also matter because the test usually occurs sometime after the person was allegedly driving.

A DWI Defense Attorney can examine the state's breath-test evidence alongside video, witness observations, and the timeline of the investigation.

Blood Tests in DWI Cases

Some DWI investigations involve blood testing instead of, or in addition to, breath testing.

Police may request a voluntary blood specimen or obtain legal authority for a blood draw under applicable circumstances.

Blood evidence can raise multiple issues.

The defense may examine how the sample was collected, labeled, transported, stored, tested, and documented.

Chain of custody and laboratory procedures can also become important.

When police obtain a warrant, defense counsel can examine the affidavit and legal basis used to obtain it.

Can You Get a DWI Without Drinking Alcohol?

Yes.

Texas DWI law is not limited to alcohol.

Prosecutors may pursue a DWI case based on allegations involving:

• Illegal drugs
• Prescription medications
• Over-the-counter medications
• Combinations of drugs and alcohol
• Other substances covered by Texas law

Drug-related DWI cases can present different evidentiary issues from alcohol cases.

A blood test showing that a drug was present does not necessarily answer every question about whether the person had lost the normal use of mental or physical faculties while operating the vehicle.

The specific substance, concentration, timing, observations, and other evidence may all require examination.

Body-Camera and Dash-Camera Evidence

Video can be particularly valuable in DWI cases.

Police reports often summarize an officer's interpretation of a driver's behavior. Video allows the defense to examine the encounter more directly.

Recordings may show:

• Driving behavior
• Speech
• Balance
• Ability to follow instructions
• Field sobriety testing
• Interactions with officers
• Statements made during the investigation

Sometimes the video supports an officer's account. In other cases, the driver's appearance and behavior may be different from the description in the written report.

The complete recording should be reviewed whenever available.

Driver's License Consequences

A DWI arrest can create driver's license issues separate from the criminal prosecution.

Texas has administrative procedures involving license suspensions related to alcohol concentration testing and other DWI circumstances.

That means a defendant may need to address both the criminal case and the administrative consequences affecting driving privileges.

Court-ordered ignition interlock devices can also become relevant in certain cases. Texas law requires interlock conditions in several circumstances, including qualifying cases involving an alcohol concentration of 0.15 or more and certain prior intoxication convictions.

A defense strategy should therefore consider driving consequences rather than focusing exclusively on possible jail time.

DWI With a Child Passenger

Texas separately addresses driving while intoxicated with a child passenger.

Under §49.045, the offense applies when someone is intoxicated while operating a motor vehicle in a public place and the vehicle contains a passenger younger than 15.

DWI with a child passenger is a state jail felony.

This is significantly more serious than an ordinary first-offense misdemeanor DWI.

The defense can still examine the traffic stop, intoxication evidence, testing procedures, and every other element of the prosecution's case.

Building a Defense to DWI Charges

There is no single defense that applies to every DWI arrest.

A DWI Defense Attorney may examine:

• Legality of the traffic stop
• Driving behavior
• Field sobriety testing
• Body-camera footage
• Dash-camera footage
• Breath testing
• Blood testing
• Laboratory procedures
• Prescription medications
• Officer observations
• Statements to police
• Timing of alcohol consumption
• Prior conviction allegations

The state must prove the charged offense beyond a reasonable doubt.

A high test result, poor field sobriety performance, or an officer's opinion should be evaluated within the complete circumstances of the investigation.

Frequently Asked Questions About DWI Defense

Is a first DWI a felony in Texas?

Generally, no. A first DWI is ordinarily a Class B misdemeanor. Certain circumstances can increase the offense level.

What happens if my BAC is 0.15 or higher?

A DWI under §49.04 is generally elevated to a Class A misdemeanor when an analysis shows an alcohol concentration of 0.15 or more at the time the analysis was performed.

Can I get a DWI with a BAC below 0.08?

Potentially. Texas also defines intoxication through loss of normal mental or physical faculties because of alcohol, drugs, or other qualifying substances.

Can prescription medication lead to a DWI?

Yes. A DWI allegation can involve prescription medication when prosecutors claim the substance caused the loss of normal mental or physical faculties required by Texas law.

Can a DWI become a felony after prior convictions?

Yes. Two qualifying prior intoxication-related convictions can generally elevate a later DWI to a third-degree felony.

Can DWI blood or breath test results be challenged?

Potentially. Defense counsel can examine testing procedures, equipment, laboratory records, chain of custody, timing, and other issues affecting the evidence.

Can body-camera footage help a DWI defense?

Yes. Video may provide important evidence concerning speech, balance, coordination, field sobriety testing, police procedures, and the driver's overall behavior.

Should I hire an attorney for a first DWI?

A first DWI can involve jail exposure, fines, driver's license consequences, and a criminal record. An attorney can examine both the criminal case and the evidence gathered during the DWI investigation.

Speak With a DWI Defense Attorney

DWI cases can involve far more than a single breath or blood test result. The legality of the traffic stop, field sobriety testing, officer observations, video evidence, laboratory procedures, and the timeline surrounding the alleged driving can all affect the case.

Milner & Wynne focuses exclusively on criminal defense and represents clients facing DWI, misdemeanor, and felony allegations in Dallas and throughout North Texas. If you have been arrested or charged with driving while intoxicated, a DWI Defense Attorney can examine the state's evidence and develop a defense based on the circumstances of your case. Contact Milner & Wynne to discuss your situation.