Dallas DWI Lawyer

TLDR; If you are arrested for a DWI in Dallas, Tarrant or Dallas County, your ultimate goal should be to hire an attorney to help you avoid a conviction, stay out of jail, and keep your criminal record clean. Get started with a free consultation with DWI Defense Lawyer Tim Clancy in Dallas, TX today. 

Avoid A DWI Conviction With Attorney Tim Clancy

Tim is a Dallas based criminal defense lawyer with decades of experience handling DWI cases in Dallas, and Tarrant County. He is an award winning trial attorney,  known for his skill and winning strategies in court.

He has a successful track record of not guilty, dismissals and reduction of charges. He has represented clients facing all types of criminal charges ranging from Felony and Misdemeanor DWI, juvenile DUI, BUI, and other alcohol-related charges. Tim understands the law, the court systems, and what it takes to beat a DWI charge.

Schedule a Free Case Review With Tim Today By Calling (214) 550-5771.

During your case review, expect a collaborative approach while he reviews your DWI, answers your questions, and explains strategies that can be used to defend you and keep this DWI off your record.

Here Is How Tim Helps Clients Avoid A DWI Conviction!

From the very start, he treats every DWI case as if it were going to trial. His experience, knowledge of DWI laws in Texas, and strategic defense is unparalleled by most of his peers.

From judges to prosecutors, he understands how Dallas court systems pursue DWI charges. He knows which tactics will work on your case, and how to negotiate on your behalf.

Here is what you can expect from start to finish when you put Attorney Tim Clancy on your DWI:

• Challenge The Evidence: He will scrutinize evidence. If the opportunity presents itself, he will file motion to suppress illegally obtained evidence, question the reliability of field sobriety or breathalyzer tests, and challenge witness credibility.
• Cross-Examine Witnesses: If your case ends up  trial, he will skillfully question the arresting officers and any witnesses presented by the prosecution. He will look for inconsistencies in statements, including errors in police reports, or any sign of a bias. All of these can weaken the case against you.
• Strategize A Strong Defense: A few examples of DWI defense are:
  • Expert Testimony – forensic experts, toxicologists, or accident reconstruction specialists.
  • Witness Testimony –Friends, family, or bystanders and other witnesses can make a statement to support your defense.
  • Strategies – Argue lack of probable cause, identify a violations of your rights, or highlight how evidence was mishandled.
•  Negotiate Plea Deals (As Needed):  If the opportunity presents itself, Tim can negotiate with the prosecutor to have your charges and penalties reduced, or other alternatives like probation or education programs.
• Sentencing Defense: If there is no way to avoid a conviction, Tim will advocate for a lighter sentence by presenting a final defense , which can highlight: lack of prior criminal history, employment history, going to rehab, or anything else that can persuade the judge.
• Communication: Because Tim does not take on too large of a case load, he is able to provide attention and care to all of his clients. Expect an open line of communication, and answers to your questions as your case proceeds.

How Serious Is A DWI Offense?

A DWI offense in Dallas comes with consequences ranging from hefty fines, probation, criminal record, community service to jail time.

Nothing is guaranteed, we have to first look at your case. The end result will all depend upon whether you have a criminal record, and if you are found guilty or not.

Here Is What To Expect From Start To Finish

• Arrest For a DWI
• Booked in Jail
• Evidence Gathered (Breath Test, Blood)
• Court Appearance – First appearance
• Jail – After court your attorney will likely get you the option of a cash bond or the use of a bail bondsman or personal recognizance.
• Court processes – Your attorney will guide you during this process, but the steps will range from negotiating a plea bargain in your favor to appearances in-front of the judge.
• Trial – If negotiations fail, your next step would be trial (if your attorney believes this is a good tactic). This is a fairly involved process, with an ultimate goal of having judge and jury find you not guilty.
• Found Not Guilty – From reduced charges to probation, the end result is your criminal record remains clean of a DWI.
• Found Guilty – This would mean penalties, possible jail time and a criminal record and even restitution if there were damages and injuries.

Texas DWI Laws & Penalties

Texas has some of the harshest penalties for drinking and driving in the country. The consequences of driving while intoxicated in Texas increase with each subsequent conviction of a DWI up to the fourth conviction.

Below are the most important Texas DWI laws and penalties you need to know if you are facing a DWI.

Texas Driving While Intoxicated Penal Code(DWI)

In Texas, driving while intoxicated (DWI) is defined in Section 49.04 of the Texas Penal Code as being:

“intoxicated while operating a motor vehicle in a public place.”

Being intoxicated for the purposes of driving while intoxicated in Texas is dictated in Section 49.01 of the Texas Penal Code as either:

• Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
• Having an alcohol concentration of 0.08% or more

The definition of intoxication is often a contested issue in a DWI trial. As a trial lawyer, Tim has the skills you need to cross-examine the state’s witnesses and scrutinize the evidence on this technicality.

Consequences for Driving While Intoxicated in Texas

Texas DWI law increases the penalties for adult DWI convictions (over 21 years of age) according to number of DWI offenses and other aggravating factors surrounding a DWI arrest.

For example, having a child under the age of fifteen years old in the vehicle, an open container, and/or causing injury or death to another person can all increase penalties.

It is also important to note that Texas does not have a look-back period for DWI.

This means that each charge stays on your record for life. The punishment below does not take into consideration aggravating factors that can elevate the crime class (such as having a child in the car or a firearm).

First DWI Offense Penalties:

• Class B misdemeanor
• Fine: up to a $2,000
• Jail term: between 3 and 180 days
• License suspension: up to 2 years
• Annual surcharge up to $2,000 for 3 years to keep your license
• Community Service between 24 and 100 hours
• DWI intervention or education program
• Possible ignition interlock device

Second DWI Offense Penalties:

• Class A misdemeanor
• Fine: up to a $4,000
• Jail term: between 30 days and 1 year
• License suspension: up to 2 years
• Annual surcharge up to $2,000 for 3 years to keep your license
• Community service: between 80 and 200 hours
• DWI intervention or education program
• Possible ignition interlock device

Third and Subsequent DWI Offense Penalties:

• Felony in the third degree
• Fine: up to a $10,000
• Jail term: between 2 and 10 years
• License suspension: up to 2 years
• Annual surcharge up to $2,000 for 3 years to keep your license
• Community service: between 160 and 600 hours
• DWI intervention or education program
• Possible ignition interlock device

Other Alcohol Related Offenses

There are other alcohol related crimes punishable as Class C misdemeanors in Texas. A Class C Offense in Texas does not require any jail time if convicted, but does carry a maximum fine of $500. The following are the most common.

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

In Texas, a person 21 years of age or younger operating 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 Under 21 DWI or DUI Charge

• 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 in Texas for a Person Younger than 21 Convicted of a DUI?

1st and/or 2nd Offense (Class C Misdemeanor): 0–$500 fine; alcohol class; community service hours. Deferred disposition probation is also 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/herself or another person may be charged with public intoxication(PI).

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)

A Minor in Possession of Alcohol charge (called MIP in Texas for short) It is illegal for a person under age 21 to possess 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. Learn more about juvenile crimes here.

Driver’s License Suspension for Conviction of a Class C Misdemeanor DUI:

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

Felony Alcohol Related Offenses

Intoxication Assault

If a person commits an offense operating a motor vehicle in public while intoxicated and causes serious bodily injury to another, they may be charged with Intoxication assault. This can happen while operating aircraft, watercraft, or amusement park rides in addition to automobiles. Intoxication Assault is considered a third-degree felony, equivalent to an individual’s 3rd DWI offense.

Intoxication Manslaughter

Intoxication manslaughter occurs when a person under the influence operates a vehicle in a public place, and causes the death of another by accident or mistake. This crime is considered a second-degree felony. Keep in mind that a vehicle can be considered a deadly weapon, which will disallow any chance of probation and escalate your charges.

DWI with a child passenger

If a person is a caught driving under the influence with a child in your vehicle. If the child is under the age of 15 at the time of your DWI arrest, they may be charged with child endangerment as well as DWI. A conviction of child endangerment in Texas alone is punishable by a fine up to $10,000 up to two years in a state jail and loss of driver’s license for 180 days.

In addition, the punishment for a DWI with a child under 15 years old in your vehicle includes:

• If enhanced to a felony, up to 1000 hours of community service (restitution);
• Jail Time between 180 days and two years;
• Fines of up to $10k;
• Mandatory installation of an ignition interlock device or breathalyzer in your vehicle at your expense;
• Probation;
• DWI classes including alcohol awareness, education, and/or special classes for repeat DWI offenders;
• Court fees, attorney fees, restitution fees, higher auto insurance costs.

You Have 15 Days to Dispute Your Driver’s License Suspension (ALR Hearing)

If you have been arrested for a DWI in Dallas or Tarrant County, you have exactly 15 days to schedule a ALR hearing (Administrative License Revocation Hearing). Avoid a license suspension by hiring an attorney right away. They can represent you through the hearing, and help you retain your drivers license.

What is an ALR hearing?

• A civil proceeding, separate from the actual DWI charge itself. The Texas DPS (Department of public safety) is responsible for this hearing, and they decide whether or not a license should be suspended.
• During this hearing, you are able to provide evidence and an argument as to why you need a drivers license. An attorney can represent you at this hearing,

ALR Hearing For A CDL Holder

If you hold a CDL, and caught a DWI, you will be held to stricter standards. If your license is suspended at the ALR hearing, you are disqualified from a future CDL.  Your license can be suspended for one year. You can be fined heavily by your employer and other regulatory entities.

What happens to your 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. However, you can petition the Court for an ALR hearing, in which you or your attorney can dispute your license suspension after DWI charges.

Why you need representation for your ALR Hearing

You have the right to contest a driver’s license suspension within 15 days of being arrested for a DWI. An experienced attorney can help present the best case for your driver’s license reinstatement.

If your petition is granted, 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.

Getting an Occupational Driver’s License After a DWI

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!

Requests for an occupational license must be made to the county of district court where the individual lives or to the court of original jurisdiction where the offense occurred.

If it is decided that you are eligible to apply for an occupational license, a court order will be issued to you. You must submit this court order and a few other required items to the DPS before you’ll be issued an occupational license. The court order you receive may be used as a driver’s license for 30 days while your occupational license request is processed.

There may be a waiting period of 180 days for intoxication-related driver license suspensions, but it is best to talk to your attorney and see what your options are.

Types of DWI Cases We Defend

We have extensive experience defending people against drunk driving charges. Regardless if you are facing a misdemeanor, or felony repetition, we are here to obtain a case win.

Types of DWI Charges

• 1st DWI
• 2nd DWI
• 3rd DWI
• Habitual DWI Offenders
• Drug DUI or DWI
• Underage Minor DUI
• DWI Manslaughter
• DWI with Child Passenger
• Flying While Intoxicated
• Boating While Intoxicated
• Felony DWI
• BWI with Firearm;
• Biking while intoxicated; and
• Driving a golf cart while intoxicated

How Blood Alcohol Level (BAC) Affects DWI Charges in Texas

A Texas DWI is determined by the blood alcohol level, or blood alcohol content (BAC), in your body at the time of arrest and tested either by breath or by blood. Alcohol can affect a person’s BAC depending on body weight, the amount of drinks consumed, the types of drinks consumed, and even gender. Under the Texas Penal Code, the state’s BAC limits are as follows: 21 Years Old or Older: 0.08% Commercial Drivers: 0.04% Younger than 21: Any detectible amount.

Can You Refuse A Sobriety Test?

Yes, you have the right to refuse the breath, blood test or any field sobriety testing. Just remember that the officer has an in-car video recorder that will videotape you. Anything you do or say can be used against you in court.

How do we fight evidence pertaining to a field sobriety test?

Fortunately, field sobriety tests have been found to be inaccurate in identifying 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.

As your attorney, we can scrutinize the procedures performed during your arrest.

Blood Alcohol Content(BAC) Testing

A DWI occurs when a person drives with a blood alcohol concentration of .08 or more in their body in the state of Texas. If you are arrested, you will likely be subject to blood alcohol testing.

This is done in a number of ways, ranging from breath samples, to blood and urine samples. For anyone under 200 lbs, it may only take 3 or 4 drinks to push your BAC over the legal limit of .08. Enough to be arrested for a DWI.

• Urine testing: the least accurate and is not particularly convenient for officer and person alike.
• Breath testing: the most convenient form of BAC testing, but has been the topic of heated debate for quite some time. Because of lack of reliability in breath analyzers, evidence gained through breath testing is likely to become useless in court.
• Blood testing: thought to be the most accurate means of BAC testing, but is rather inconvenient for officers to obtain.

No Refusal Weekends in Dallas, Texas

There are specific times during the year when law enforcement will conduct a No Refusal Weekend. These will normally take place during holidays like New Years or 4^th of July, which requires everyone pulled over for suspected drunk driving to undergo BAC testing.

If the driver refuses, the judge is ready to approve a warrant for a blood sample test during these weekends. Making it a no refusal. Some areas like Texas have started to enforce No Refusal laws all the time.

Field Sobriety Tests Used for DWI Arrests

Some people get pulled over for suspicion of a DWI/DUI when in fact they are just overly tired, ill, distracted, or under extreme duress. These tests are used to by police officers and other law enforcement to determine whether the suspect is in fact under the influence or intoxicated:

• Horizontal Gaze Nystagmus. Nystagmus is an involuntary bouncing or jerking of the eyeball that is caused by a disturbance of the inner ear system or the oculomotor control of the eye. Substances that hinder your nervous system, like alcohol and drugs can result in Horizontal gaze nystagmus. As the degree of impairment becomes greater, the nystagmus will become more pronounced. It is one of the many ways that officers can determine whether or not a person is driving under the influence.
• Walk and Turn. Walk and turn testing is a “divided attention” test that are easily performed by those not under the influence of something. This test requires the individual to follow instructions while performing simple physical movements. In the walk and turn test, the individual is directed to take nine, heel-to-toe steps along a straight line. Once the steps have been made, the individual must turn their foot and return in the same manner.
• One Leg Stand. In the One Leg Stand test, the individual must stand with one foot six inches off the ground and count aloud by thousands. Officers will look for an inability to balance in determining whether or not the subject is intoxicated.

Police Officers Make Mistakes

Stopping Someone Based on an Anonymous 911 Call

The officer should observe for himself and have a reason to pull you over. An anonymous 911 call alone should not subject a person to being pulled over.

Stopping a Vehicle without any Proof of Violation

Police officers cannot pull people over without probable cause. Being pulled over for speeding requires additional proof, and any stop or arrest that occurs without proof will render evidence inadmissible in court. A skilled attorney knows what to look out for, and will often have your charges dismissed or reduced if this happens to you.

Mistakes with BAC Testing Equipment

Breathalyzers often pick up traces of alcohol in food and other edible substances and produce incorrect reading. Every-day items like Listerine, and chewing gum may alter the reading of breath analyzing equipment. Different lifestyles, such as smoking, dieting or something uncontrollable like diabetes can also lead to abnormally high readings.

Portable Breath Test devices (PTB) are small electronic alcohol breath testers that are carried by officers in the field to help them determine if a driver is intoxicated. These devices are not approved by the Texas Department of Public Safety for use in criminal prosecutions and are not considered accurate or reliable for the detection of intoxicated drivers.

Contact Tim Clancy Dallas DWI Lawyer Today!

For additional information about state and federal criminal laws, or to discuss your matter in confidence with an experienced, local criminal defense lawyer, schedule a confidential consultation now by calling us at (214) 550-5771. If you prefer, visit our Contact Us page and fill out a short, confidential form and we’ll get back to you asap.

Call 24/7 for emergency help!

You Might Also Like…

• Public Intoxication Laws, Penalties, & Defenses
• Texas Laws on Juvenile DWI
• What is Intoxication Assault?
• DWI Accident with Fatalities: Intoxication Manslaughter