The Medlin Law Firm - Gary Medlin

TL;DR: If you were charged with DWI in Dallas County, your case will likely be handled at the Frank Crowley Courts Building in downtown Dallas. For many people, this is their first time walking into a criminal courthouse, and knowing what to expect can make the process feel less overwhelming. Learn how Dallas County DWI cases move through Frank Crowley, what happens at the first court setting, when you may need to appear in person, and how discovery can shape the direction of your case. It helps to understand your court assignment, your bond conditions, and any deadlines that could [...]

TL;DR: Under the implied consent law under the Texas Transportation Code § 724.011, any driver lawfully arrested for DWI is deemed to have consented to chemical testing. You can refuse, but refusal triggers an automatic license suspension and can be used as evidence against you. If Dallas police obtain a search warrant, the draw can be carried out over your objection. Whether that warrant and the blood evidence that follows are legally sound is a separate question that depends on the facts of your stop and arrest. You were pulled over in Dallas. The officer suspects DWI. You declined the [...]

TL;DR: After a DWI arrest in Texas, you have 15 days from receiving the DIC-25 notice to request an Administrative License Revocation hearing or your license will be suspended automatically. This deadline runs separately from the criminal case. Requesting the hearing does not guarantee your license is saved, but missing it guarantees it is lost. The ALR process is governed by Tex. Transp. Code § 524 and § 724. If you were arrested for DWI in Dallas, one deadline matters more than anything else in the first two weeks. It is not your court date. It is the 15-day window [...]

TL;DR: Intoxication assault under Tex. Penal Code § 49.07 is a third-degree felony carrying 2 to 10 years in prison and a fine up to $10,000. The charge applies when a person causes serious bodily injury to another while operating a vehicle in a public place while intoxicated. The State must prove both intoxication and causation. A civil lawsuit from the injured party can run alongside the criminal case at the same time. A crash changes everything about a DWI case. The moment someone is hurt, the charge is no longer a misdemeanor. It becomes a felony, the court is [...]

TL;DR: Texas zero tolerance law under Tex. Transp. Code § 106.041 makes it illegal for any driver under 21 to operate a vehicle with any detectable amount of alcohol in their system. The standard is not 0.08. It is any amount. A first offense is a Class C misdemeanor, but the license suspension, court requirements, and long-term record consequences are real. A full DWI charge under Tex. Penal Code § 49.04 can still apply if the minor is actually intoxicated. Most people assume the legal limit is 0.08 for everyone. In Texas, that assumption is wrong for drivers under 21. [...]

TL;DR: A first DWI in Dallas is a Class B misdemeanor under Tex. Penal Code § 49.04, with a mandatory minimum of 72 hours in jail and a fine up to $2,000. Two separate cases start the moment you are arrested: the criminal charge and an Administrative License Revocation proceeding with a 15-day deadline. The punishment range increases at a BAC of 0.15 or higher and becomes a felony if a child was in the vehicle. What happens next depends on the stop, the evidence, and how quickly you act. What The Penalties Actually Look Like For A First [...]

TL;DR: Texas DWI law applies to any substance that causes loss of normal use of your mental or physical faculties, including medication you took exactly as prescribed. The charge is not automatic proof of impairment, and a prescription is not an automatic defense. The State must prove that your faculties were actually impaired at the time of driving, not simply that a detectable level of the drug was in your blood. Where that proof is weak, challenged, or unreliable, the defense starts. Why A Prescription Doesn't Automatically Beat A Drug DWI In Texas Under Tex. Penal Code § 49.04, a [...]

TL;DR: In Texas, a second DWI is a Class A misdemeanor with a mandatory 30-day jail minimum. A third DWI becomes a third-degree felony under Tex. Penal Code § 49.09, carrying 2 to 10 years in prison. Prior convictions have no lookback period and follow you regardless of how long ago they occurred. Deferred adjudication is not available for a second or subsequent DWI in Texas. If you are facing a second or third DWI in Dallas, you already know this is serious. The question is how much worse it is than last time and what the State plans to [...]

TL;DR: A breath test result in Texas is evidence, not a conviction. The Intoxilyzer 9000 depends on calibration records, operator certification, a proper 20-minute observation period, and a scientific assumption about your physiology that is not universal. Medical conditions, environmental interference, and procedural failures can all produce a number that does not accurately reflect your BAC at the time of driving. Whether any of those factors apply in your case depends on records that are obtainable through discovery. How The Intoxilyzer 9000 Works & Where It Goes Wrong The Intoxilyzer 9000 does not measure alcohol in your blood directly. It [...]