Dallas DWI Lawyer

Fighting to Protect Your Rights Throughout North Texas

Driving While Intoxicated / DWI

Dallas DWI Attorney

You might receive letters from attorneys offering to handle your DWI Case for a few hundred dollars, but if you hire them, you may get less than you deserve. Any lawyer can enter a guilty plea on your behalf. DWI charges are serious and carry long-term negative consequences. The Dallas DWI Defense Lawyers at the Law Offices of Clancy & Clancy have more than 40 years of experience successfully defending people in the Dallas - Fort Worth area and throughout the entire state of Texas against DWI and other alcohol-related charges.

Choosing a criminal defense attorney is one of the most important decisions you will make in your case. Whether you have been accused of a crime or are simply being investigated, your rights and freedom are in jeopardy. It is important to have the counsel of an experienced dwi defense lawyer as early as possible.

Experienced Dallas DWI Lawyers

We have extensive experience defending against drunk driving charges. The DWI Criminal Defense Lawyers of Clancy & Clancy have concentrated in Criminal Defense and DWI Defense.

Most DWI Attorneys start talking about a plea bargain at the first meeting. Few attorneys actually take DWI cases to trial before a judge, and even fewer have tried DWI cases to a jury. Our experienced DWI defense attorneys prepare every case as if it were going to trial.

What is a DWI?

DWI is defined as operation of a motor vehicle in a public place while intoxicated. You are deemed intoxicated if you do not have normal use of your mental and/or physical facilities because of alcohol and/or drugs in your body and/or if you have a blood alcohol concentration of at least 0.08.

The definition of intoxication is typically the most contested issue in a DWI trial. Our trial lawyers know how to cross-examine the state's witnesses and scrutinize the evidence on this technical issue.

In addition to a breath or blood test, the officer will ask you to perform field sobriety tests. You have the right to refuse the breath and/or blood test and any field sobriety tests. You can be assured that the officer will have an in-car video recorder that will videotape you. Anything you do or say can be used against you in court. The field sobriety tests have not been found to be accurate determinations of intoxication. Many factors can cause a person to fail these standardized tests, which must be administered as stated in the National Highway Traffic and Safety Administration manual. Our skilled Dallas DWI Defense Lawyers will scrutinize these procedures as performed in your arrest.

What will happen to my driver's license after a DWI arrest?

If you fail a breath and/or blood test, your driver’s license may be suspended for 90 days. If you refuse to provide a breath and/or blood test, your driver’s license may be suspended for 180 days.

ALR Hearing

You have the right to contest a driver’s license suspension within 15 days of being arrested for a DWI. If you do so, you will keep your driver’s license while you await your ALR hearing date. At the hearing, a judge will determine if the police officer had reasonable suspicion to stop your vehicle and probable cause to make the arrest. If the judge finds in the state’s favor, your driver’s license will be suspended at that time according to the statutory requirements.

Occupational Driver's License

If your driver's license is suspended, you may be eligible for an occupational driver's license, which allows you to drive 12 hours per day, seven days a week, for travel to work, school and household duties; therefore, you will never fully lose the ability to drive! The lawyers at Clancy & Clancy can inform you if you qualify for an occupational driver's license.

What is the punishment for a DWI conviction?

• 1st DWI offense: class B misdemeanor, 3 to 180 days in county jail; $0–$2,000 fine
• 2nd DWI offense: class A misdemeanor, 30 to 365 days in county jail; $0–$4,000 fine
• 3rd or higher DWI Offense: third-degree felony, 2 to 10 years in the Texas Department of Corrections (prison); $0–$10,000 fine

If given the option of probation for any level of DWI Offense, there will be several conditions. These may include an interlock device on your vehicle, community service, monthly reporting, monthly fees, a DWI education class, a victim-impact panel, a drug / alcohol evaluation, random drug / alcohol testing and additional fines.

CLASS C ALCOHOL RELATED OFFENSES

A Class C Offense in Texas does not require any jail time but does carry a maximum fine of $500. The following are the most common alcohol-related offenses.

1) Person Younger than 21 Driving Under the Influence (DUI)

In Texas, a person younger than 21 years of age who operates a motor vehicle in a public place while having any detectable amount of alcohol on his or her breath may be charged with a DUI. This may be determined by a breath test or the officer's opinion that he or she smelled alcohol on the person's breath. A person does not have to be intoxicated to be charged with a DUI.

Driver's License Suspension for a DWI / DUI for a Person Younger than 21

• If person under 21 fails a breath or blood test or is not offered a test: 60 days
• If person refuses to give a breath or blood test: 180 days

What is the Punishment for a DUI Conviction for a Person Younger than 21?

1st and/or 2nd Offense (Class C Misdemeanor): 0–$500 fine; alcohol class; community service hours

- Deferred disposition probation is an option.

2) Public Intoxication

A person of any age who appears in a public place while intoxicated to the degree that the person may endanger himself or herself or another person may be charged with public intoxication. A public place is defined as any place to which the public or a substantial group of the public has access and includes streets, highways, sidewalks and the common areas of schools, hospitals, apartment buildings, office buildings, transport facilities and shopping areas.

3) Minor in Possession of Alcohol (MIP)

It is illegal for a person under age 21 to posses alcohol unless it is within the scope of employment, within the visible presence of a parent or under the supervision of a police officer. If convicted, a first or second offense carries a fine up to $500. The third offense carries a fine up to $2,000 and a sentence of up to 180 days in jail.

Driver's License Suspension for Conviction of a Class C Offense:

• 1st Offense — One Month
• 2nd Offense — Two Months
• 3rd Offense — Six Months

Contact a Dallas DWI Lawyer

For additional information about state and federal criminal laws, or to discuss your matter in confidence with an experienced Dallas Criminal Defense Lawyer, schedule a confidential consultation by calling us at (214) 740-9955. If you prefer, fill out the contact form in the left margin and we will contact you.

Our skilled DWI Defense Attorneys and Drivers License Suspension Lawyers can help you – Call today.

Put a Winning Dallas Criminal Defense Team in Your Corner Available 24/7

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