Facing a DWI (Driving While Intoxicated) charge in Texas is a significant and potentially life-altering situation. A conviction can impact your freedom, finances, reputation, and future opportunities. However, there are legal defense strategies that could lead to reduced charges or even a complete dismissal.
At the Law Offices of Bill J. Stovall, we help clients understand their rights and fight back against DWI charges with proven legal strategies. In this post, we’ll break down the DWI penalties in Texas and explore the most effective defense options available.
DWI Penalties in Texas
Texas has strict DWI laws, and the consequences can escalate based on factors like prior offenses, the presence of minors in the vehicle, or whether anyone was injured.
First DWI Offense (Class B Misdemeanor)
- Fines: Up to $2,000
- Jail Time: 72 hours to 180 days
- License Suspension: 90 days to 1 year
- DWI Education Program required
- Possible ignition interlock device
Second DWI Offense (Class A Misdemeanor)
- Fines: Up to $4,000
- Jail Time: 30 days to 1 year
- License Suspension: 180 days to 2 years
- Mandatory interlock device
Third DWI Offense (Third-Degree Felony)
- Fines: Up to $10,000
- Prison Time: 2 to 10 years
- License Suspension: Up to 2 years
- Felony conviction on your record
Enhanced Penalties
Additional factors that can increase the severity of a DWI penalty include:
- Child Passenger: Driving while intoxicated with a child under the age of 15 in the vehicle is classified as a state jail felony.
- Accidents Involving Injury or Death: These may lead to intoxication assault or intoxication manslaughter charges, both felonies with steep penalties.
Defense Options for DWI Charges in Texas
While DWI penalties can be severe, there are several strong defense strategies available. A knowledgeable attorney can evaluate the details of your case and identify the strongest possible defense strategy.
✅ Challenge the Legality of the Stop
If the officer did not have reasonable suspicion to pull you over, the stop may have been unlawful. Evidence gathered afterward—like breath or blood test results—could be thrown out.
✅ Question the Accuracy of Tests
Breathalyzers and blood tests are not infallible. Issues like improper calibration, contaminated samples, or unqualified administration may render results unreliable.
✅ Field Sobriety Test Errors
These tests are subjective and can be influenced by medical conditions, nervousness, fatigue, or even poor weather conditions. Inconsistencies in how tests were administered may form the basis of a defense.
✅ Argue Lack of Probable Cause for Arrest
Even after a stop, officers must have probable cause to make a DWI arrest. Without clear evidence of impairment, your arrest may be challenged.
✅ Present Alternative Explanations
Many signs of impairment—such as bloodshot eyes or slurred speech—can result from non-alcohol-related causes like allergies, illness, or prescription medications.
✅ Negotiate for Charge Reduction or Dismissal
If evidence is weak, your attorney may be able to negotiate a reduction to a lesser offense like reckless driving or even have the case dismissed entirely.
Why Legal Representation Matters
Every DWI case is unique, and having a skilled attorney by your side can make a significant difference in the outcome. At the Law Offices of Bill J. Stovall, we:
- Thoroughly review police reports and video evidence
- Challenge testing procedures and lab results
- Represent you in court and administrative license hearings
- Fight for reduced penalties or case dismissal
Contact the Law Offices of Bill J. Stovall
If you’ve been charged with a DWI in Texas, don’t wait. Taking action quickly increases your chances of developing a solid and effective defense.
📞 Call the Law Offices of Bill J. Stovall today for a free, confidential consultation. We’re ready to fight for your rights and work toward the best possible outcome.
