Dallas DWI Lawyer: Beat Charges With Aggressive Defense
Summary:
A Dallas DWI lawyer can challenge the legality of your stop, the accuracy of test results, and procedural errors made by police. Texas DWI charges can lead to jail, steep fines, and a suspended license, even on a first offense. You only have 15 days to request a hearing to keep your license, and many cases are more defensible than they seem. The right defense starts with early action and a clear strategy tailored to the facts of your arrest.
You’ve been pulled over, arrested, fingerprinted, and released with a court date. Now your driver’s license, job, and record are on the line.
Texas doesn’t treat DWI lightly. Even without a crash or prior history, you could still face jail time, steep fines, and years of consequences. Before anything moves forward, it’s critical to know what you’re actually up against and what an experienced Dallas DWI lawyer can do to challenge it.
What Counts As A DWI In Texas?
You can be charged with Driving While Intoxicated (DWI) in Texas for more than just drinking and driving. The law focuses on impairment, not just alcohol. Under Texas Penal Code §49.04, a person commits DWI if they operate a motor vehicle in a public place while:
- Having a blood alcohol concentration (BAC) of 0.08 or higher.
- Or, not having normal use of physical or mental faculties due to alcohol, drugs, or both.
Even if you’re under the legal limit, you can still be arrested if an officer believes you’re impaired. That includes impairment by prescription medications or over-the-counter substances like sleep aids or cold medicine.
You don’t need a high BAC or a failed test to face a DWI charge in Texas. In many cases, the arrest relies on the officer’s judgment, and what happens next can carry serious consequences. Once you’re in custody, the process moves quickly. And missing a key step early on can put your license and your defense at risk.

What Happens After A DWI Arrest In Dallas?
A DWI arrest sets two separate legal tracks in motion: one for your license, and one for the criminal charge itself. Both can hit hard if you’re unprepared. Here’s what to expect, step by step:
1. You’re Booked & Released On Bond
You may spend several hours in custody, depending on the arresting agency. You’ll be fingerprinted, photographed, and given bond conditions before release.
2. You Receive A Temporary License
If a police officer takes your license, you’ll get a Notice of Suspension. That notice also acts as a temporary driving permit, valid for 40 days, unless you request a hearing within 15 days (Texas Transportation Code § 524.021 or § 724.035(c)).
3. You Have 15 Days To Challenge Your Suspension
To stop your license from being automatically suspended, you must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. Miss that, and the Department of Public Safety will suspend your license on day 41 (Texas Transportation Code § 524.031 or § 524.041).
4. Your Case Is Filed In The Criminal Court
While your license case moves through the ALR system, the criminal side begins separately. You’ll receive a formal court date to appear before a Dallas County judge, often within a few weeks.
5. Evidence Review & Pretrial Strategy Begin
The State will hand over police reports, video footage, lab results, and breath/blood test data. A skilled Dallas DWI law firm starts building your defense from these materials immediately.
6. You May Be Offered A Plea Or Go To Trial
Depending on the evidence, prior history, and your attorney’s negotiations, the case may end in dismissal, reduction, or trial. Even for first-time offenses, the legal process is far from automatic. Each step carries weight, and the impact often depends on the level of the charge filed against you.
Texas DWI Penalties By Offense Level
DWI penalties in Texas don’t just stop at jail and fines. They follow you long after your case ends, especially if it results in a conviction. Here’s how the penalties break down, based on offense level:
| Offense | Jail Time | Fines | License Suspension |
|---|---|---|---|
| 1st Offense | 3–180 days (Class B misdemeanor) | Up to $2,000 | 90 days to 1 year |
| 2nd Offense | 30 days –1 year (Class A misdemeanor) | Up to $4,000 | 180 days to 2 years |
| 3rd Offense | 2–10 years (third-degree felony) | Up to $10,000 | Up to 2 years |
| DWI w/ Child Passenger | Up to 2 years (state jail felony) | Up to $10,000 | 180 days to 2 years |
The real damage often goes beyond the numbers. A DWI on your record can cost you your job, raise your insurance, or limit your travel. And if you’re not a U.S. citizen, it can trigger immigration consequences, even on a first offense.

How A Dallas DWI Lawyer Builds Your Defense
A DWI case rarely turns on one fact. It often hinges on what the police did: how they stopped you, what they documented, and whether they followed the law.
An effective defense looks for legal errors, gaps in evidence, and weak procedures that can shift the entire outcome.
Unlawful Traffic Stop
Police need a lawful reason to stop your vehicle, like speeding or swerving. If there wasn’t one, everything that followed may be challenged. A motion to suppress could throw out the evidence entirely.
Inaccurate Field Sobriety Testing
Roadside sobriety tests are standardized, but they’re far from perfect in the field. Fatigue, medical issues, uneven surfaces, and poor lighting can all affect results. Officers may also misinterpret or inaccurately report what they see.
Faulty Breath Or Blood Test Results
Breathalyzers and blood tests are prone to error. Machines must be calibrated. Samples must follow chain-of-custody rules. Any issue in the process can make the results unreliable or inadmissible.
Lack Of Probable Cause For Arrest
Even if you were pulled over legally, officers still need probable cause to arrest you. If they jumped too soon, your lawyer can fight to suppress the arrest and anything collected afterward.
Procedural Or Constitutional Violations
Officers sometimes skip steps, forget Miranda warnings, or mishandle evidence. These violations may limit what the prosecution can use or lead to a case dismissal.
In many DWI cases, the outcome doesn’t hinge on what’s alleged—it depends on what the state can actually prove. A strong defense holds the prosecution to that burden from the very start.
That’s especially important if this is your first DWI. The penalties may seem lighter, but the long-term impact can still be serious.
First-Time DWI In Dallas: What You Need To Know
A first DWI in Texas may feel like a warning, but it carries real consequences. It’s still a criminal offense, and prosecutors treat it that way.
If convicted, you face up to 180 days in jail, thousands in fines, a license suspension, and a permanent criminal record. Even if you qualify for probation, the court may still require an ignition interlock device and alcohol education.
You may hear about pretrial diversion or deferred adjudication. These are possible, but they’re not guaranteed. Your eligibility depends on your record, the facts of the arrest, and how early your attorney gets involved.
Also, even if your case is dismissed, your record won’t clear itself. You’ll likely need to petition for expunction or nondisclosure to seal your name from public databases.
The bottom line: a first-time DWI doesn’t have to ruin your future, but only if you respond early and strategically.
What Not To Do After A DWI Arrest
After a DWI arrest, it’s easy to panic or guess your way through the next steps. But small mistakes early on can cost you later, sometimes more than the arrest itself.
Here’s what to avoid:
- Don’t ignore the 15-day deadline. You only have 15 days to request an ALR hearing, or your license will be automatically suspended.
- Don’t assume you’re guilty. Many people think a high BAC or a poor field test means they’ve already lost. That’s not always true.
- Don’t talk to the police without a DWI lawyer. What you say can be used against you. The smartest move is to stay silent and ask for legal representation.
- Don’t skip your court dates. Missing court even once can result in a warrant and new charges.
- Don’t discuss your case online. Social media is public. Even private posts or DMs can be used in court.
A smart defense starts with informed choices, not guesswork. The next step? Work with a lawyer who knows how Dallas courts operate.

Talk To An Experienced DWI Lawyer Today
If you’ve been arrested for DWI in Dallas, you’re on a fast-moving timeline. License suspension, court filings, and deadlines don’t wait.
At The Medlin Law Firm, we represent people charged with DWI every week in Dallas County. We know how the prosecutors work, how the judges think, and how to challenge the evidence that’s being used against you.
This isn’t about damage control. It’s about strategy. From the traffic stop to the blood test to the paperwork, we examine every step for legal error or leverage.
Hiring a Dallas DWI attorney early allows us to request the right hearings, preserve key defenses, and put pressure on the state, not the other way around.
If you’ve been charged, don’t wait for the court to decide your next move. Schedule a confidential case evaluation with our team. Let’s talk about what happened and how to fight back.
THE MEDLIN LAW FIRM
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The Medlin Law Firm
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Dallas, TX 75226
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