DWI/DUI
Intoxication Assault & DWI With Injury In Dallas
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 [...]
Underage DUI & Texas Zero Tolerance Laws In Dallas
Overview: The Texas zero tolerance law under Tex. Alco. Bev. Code § 106.041 makes it illegal for any driver under 21 to operate a vehicle in a public place 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 [...]
First-Offense DWI In Dallas: What To Expect
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 [...]
Prescription Drugs & Drug DWI Charges In Dallas
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 [...]
Second & Third DWI: The Path To Felony Charges
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 [...]
Challenging The Breathalyzer: Why Machines Fail
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 [...]
Refused A Breath Test In Dallas? Protect Your License Now
TL;DR: If you refused a breath test in Dallas, your case likely split in two right away. One is the criminal DWI case. The other is the license case under Texas’s ALR system, and that license deadline can start running almost immediately. A refusal does not end the evidence fight. It changes it, and the first thing to protect is your ability to drive. Refused A Breath Test In Dallas, What Now? If you were arrested in Dallas and refused a breath test, you are probably worried about two things at once. You want to know whether your license is [...]
If You Are Honest In A DWI Stop, Will Officers Let You Go?
Honesty is often seen as the best policy, but it can lead to unintended consequences during a DWI stop. Admitting to drinking, even slightly, may escalate the situation and give officers more reason to proceed with testing or arrest. While honesty can reflect responsibility, it also strengthens the case against you. Protecting your rights is a personal decision that may help reduce legal risks. This article explains the impact of honesty during a DWI stop, what officers consider, and how knowing your rights can shape the outcome. The Medlin Law Firm defends those facing DWI charges and protects their rights. [...]
What Is An Unlawful DWI Arrest In Dallas, Texas?
Driving While Intoxicated (DWI) charges in Texas are serious, carrying potential fines, license suspensions, and even jail time. But not all arrests are as clear-cut as they seem. Mistakes, procedural errors, and rights violations by law enforcement can turn a DWI arrest into an unlawful one. An unlawful DWI arrest doesn't just challenge the fairness of the charge—it can impact your freedom and future. This article dives into what makes a DWI arrest unlawful, how to identify errors, and the steps to protect yourself. By the end, you'll understand your rights and how a skilled defense can turn the tide [...]
Understanding DWI Arrests & Blood Tests In Texas
Facing a DWI charge in Texas can be challenging and confusing. Understanding the process helps reduce anxiety and gives individuals a sense of control. Each step impacts the case outcome, from the traffic stop to blood tests. Being informed improves preparation for what lies ahead. This article explains DWI arrests, focusing on blood tests and their role in determining intoxication. It also covers the legal process surrounding blood draws and challenges against the results. Finally, it will explore how The Medlin Law Firm in Fort Worth assists clients facing DWI charges. Two Elements Of A DWI In Texas DWI, or [...]
