Can you beat a DWI charge in Texas?
Yes, many Texas DWI cases can be beaten or reduced. The three most common paths: the traffic stop was unlawful, the field sobriety or chemical testing was flawed, or the State cannot prove intoxication at the time of driving. Which path fits your case depends on the video, the paperwork, and the lab records, which is exactly what we pull first.
A DWI arrest is two cases, not one
The criminal charge under Tex. Penal Code §49.04 is what most people worry about. But the moment you failed or refused a breath or blood test, the Texas Department of Public Safety also opened a civil case against your driver's license.
You have 15 days from the arrest to request an Administrative License Revocation (ALR) hearing. Miss that window and your license is suspended automatically, with no appeal. This is the single most time-sensitive step after any Texas DWI arrest, and it is the first thing we handle when you hire the firm. Read our full walkthrough of the ALR hearing and the 15-day deadline.
DWI charges we defend
- First DWI (Class B misdemeanor) and first DWI with a blood alcohol level of 0.15 or more (Class A)
- Second DWI (Class A misdemeanor with mandatory minimums)
- Felony DWI: third offense or more (third-degree felony)
- DWI with a child passenger (state jail felony)
- Intoxication assault and intoxication manslaughter
- Breath test refusals and no-refusal weekend blood draw cases
- Underage DWI under the Texas Zero Tolerance law
If you are not sure what level you were charged at, the short answer is on your bond paperwork, and the full picture is in our complete guide to Texas DWI defense.
The 15-day license clock is already running.
Tell us what happened tonight. We file the ALR request, pull the video, and give you a straight answer about your case.
Where Texas DWI cases are won
1. The stop
Every DWI starts with a stop, and every stop needs reasonable suspicion. If the in-car video does not show the violation the officer wrote down, everything that follows can be suppressed. Weaving inside your own lane, by itself, is frequently not enough under Texas law.
2. The testing
Field sobriety tests are only valid when they are administered exactly to the national standard, on level ground, with correct instructions. Breath machines need maintenance records and a proper 15-minute observation period. Blood draws need a valid warrant, a qualified phlebotomist, and an unbroken chain of custody. Each link can fail.
3. The timing
The State must prove you were intoxicated while driving, not later at the station. Rising blood alcohol between the stop and the test is a real, scientific defense in the right facts.
If you refused testing, you still have options. Here is what actually happens when you refuse a breathalyzer in Texas.
What a Texas DWI costs if you do nothing
| Charge | Level | Range |
|---|---|---|
| First DWI | Class B misdemeanor | Up to 180 days jail, up to $2,000 fine, license suspension up to 1 year |
| First DWI, BAC 0.15+ | Class A misdemeanor | Up to 1 year jail, up to $4,000 fine, interlock device |
| Second DWI | Class A misdemeanor | 30 days to 1 year jail, up to $4,500 fine |
| Third DWI | 3rd-degree felony | 2 to 10 years prison, up to $10,000 fine |
| DWI with child passenger | State jail felony | 180 days to 2 years, up to $10,000 fine |
A conviction also means insurance surcharges, employment screening problems, and a permanent record. A Texas DWI conviction cannot be expunged. That is why the fight happens now, not after a plea. First-time charge? Start with our guide to first DWI penalties in Texas.
Why people hire Peter Barrett for DWI
- 31 years of Texas criminal trial work, including more than 150 jury trials
- ALR hearings used strategically, locking in sworn officer testimony months before trial
- Personalized service: Peter handles your case personally, start to finish
- Bilingual practice. Hablamos Español.
- Free, confidential case review before you spend anything
DWI vs DUI in Texas
Texas uses "DWI" for drivers 21 and over, while "DUI" is a separate charge that applies only to minors with any detectable alcohol. The difference matters for penalties and defenses. We break it down in DWI vs DUI in Texas.
DWI defense questions, answered
Should I plead guilty to my first DWI in Texas?
Not before a lawyer reviews the evidence. A Texas DWI conviction stays on your record permanently and cannot be expunged. Many first DWI cases have a challengeable stop, test, or procedure, and outcomes like dismissal, reduction, or deferred adjudication may be available.
How long do I have to save my license?
15 days from the arrest. You must request an ALR hearing with the Texas Department of Public Safety within 15 days, or your license is suspended automatically on the 41st day after arrest.
What does a DWI lawyer cost in Dallas?
Most Dallas DWI cases are quoted as a flat fee based on the charge level and whether trial is likely. A first-offense misdemeanor costs less than a felony DWI or intoxication assault case. The initial case review is free.
Can a Texas DWI be dismissed?
Yes. Dismissals most often follow a suppressed stop, flawed testing, or proof problems on intoxication at the time of driving. Every case turns on its own facts, which is why we review the video and records before talking outcomes.
Does Peter handle felony DWI charges?
Yes. Peter defends DWI third or more, DWI with a child passenger, intoxication assault, and intoxication manslaughter across Dallas County and North Texas.