DWI and driving
Dallas DWI lawyer.
A DWI arrest starts two cases at once: the criminal charge in court and a separate case over your driver's license, with only 15 days to act on the license. Most first DWIs are misdemeanors, and many can be defended on the stop, the field tests or the breath or blood result. We get the video and the lab records, ask for the license hearing on time, and tell you plainly where your case stands.
Right now
If you were just arrested for DWI.
- 01
Mark the 15-day license deadline
The paper the officer gave you is a notice of suspension. You have 15 days from that notice to request a hearing, or your license is suspended automatically on day 40. We can file the request for you.
- 02
Write down what happened tonight
Where you were, what you drank and when, what you ate, why the officer said he stopped you, which tests you did, the ground and the lighting, and anything that hurt or bothered you. Details fade fast.
- 03
Keep every paper
The notice of suspension, the bond papers, the tow and impound receipts and any court date notice. Bring all of it to your consultation.
- 04
Follow every bond condition
If the bond requires an ignition interlock, no alcohol or check-ins, follow it exactly and keep receipts. A violation can put you back in jail and hurts the case.
- 05
Do not talk about the arrest
Not on social media, not by text, not with coworkers. Anything you write or say can end up in the prosecutor's file.
Key deadlines and numbers
- What intoxicated means
- Alcohol concentration of 0.08 or more, or losing the normal use of your mind or bodySource: Tex. Penal Code 49.01
- First DWI
- Class B: 72 hours to 180 days in jail, fine up to $2,000Source: Tex. Penal Code 49.04
- Alcohol concentration 0.15 or more
- Class A: up to 1 year in jail, fine up to $4,000Source: Tex. Penal Code 49.04(d)
- License hearing deadline
- 15 days from the notice of suspensionSource: Texas DPS, ALR program
- State traffic fine after a conviction
- $3,000 first, $4,500 for a later one, $6,000 at 0.16 or moreSource: Tex. Transp. Code 709.001
- Deferred adjudication
- Possible since September 2019, except at 0.15 or more or for commercial license holdersSource: Tex. Code Crim. Proc. art. 42A.102
Texas law
How Texas law treats a DWI.
A DWI means operating a motor vehicle in a public place while intoxicated. The State has to prove each part: that you were operating the vehicle, that it was a public place and that you were intoxicated at the time you were driving, not hours later at the station. The level of the charge depends on your alcohol result, your record and who was in the car.
| Charge | Range of punishment | Notes |
|---|---|---|
| First DWI | Class B misdemeanor: 72 hours to 180 days in jail, fine up to $2,000 | With an open container in the car, the minimum is 6 days. |
| First DWI at 0.15 or more | Class A misdemeanor: up to 1 year in jail, fine up to $4,000 | No deferred adjudication. Interlock on probation. |
| Second DWI | Class A misdemeanor: 30 days to 1 year in jail, fine up to $4,000 | Interlock as a bond condition. |
| Third DWI or more | Third degree felony: 2 to 10 years in prison, fine up to $10,000 | Prior DWIs count no matter how old they are. |
| DWI with a passenger under 15 | State jail felony: 180 days to 2 years, fine up to $10,000 | Can be charged on a first arrest. |
| DWI in a school crossing zone (since September 1, 2025) | State jail felony: 180 days to 2 years, fine up to $10,000 | Applies while the reduced school zone speed limit is in effect. |
| DWI crash with serious injury or death | Third degree felony (injury) or second degree felony (death) | Charged as intoxication assault or intoxication manslaughter. |
You can be charged under 0.08
Texas also counts losing the normal use of your mental or physical faculties, from alcohol, drugs, prescription medicine or a mix. That part of the case rests on the officer's opinion and the video, which is where many cases are won or lost.
Source: Tex. Penal Code 49.01(2)Refusing the test has its own cost
By driving in Texas you are considered to have agreed to a breath or blood test after a DWI arrest. Refusing brings a longer license suspension, and officers can still ask a judge for a blood warrant.
Source: Tex. Transp. Code ch. 724Probation and deferred adjudication
Many first DWIs end in probation, and since 2019 a judge can grant deferred adjudication in many cases, which avoids a final conviction if you finish the terms. Expect conditions like DWI education, community service and sometimes an interlock.
Source: Tex. Code Crim. Proc. art. 42A.102When an interlock is required
An ignition interlock is required on probation for a result of 0.15 or more and for repeat DWIs, and it is a bond condition on a second DWI. Judges can order one in other cases too.
Source: Tex. Code Crim. Proc. art. 42A.408How we work
How we build your DWI defense.
Mr. Estrada reviews the video and the test results and sets the strategy. Our team gathers the records and works the case with him, and you get updates in English or Spanish.
01
Get every video
Dash camera, body camera and the video from the jail's intoxilyzer room. Video often tells a different story than the report, especially about how you walked and talked.
02
Test the stop and the arrest
The officer needed a lawful reason to stop you and probable cause to arrest you. If either is missing, we file a motion to suppress the evidence that came after.
03
Check the field sobriety tests
The eye test, the walk and turn and the one leg stand only mean something when they are given by the national standards. Bad ground, poor lighting, footwear, age, weight or an injury can throw them off.
04
Challenge the breath or blood result
For breath: the machine's maintenance records and the operator's certification. For blood: the warrant, the draw, the chain of custody and the lab's work, with an independent retest when it makes sense.
05
Use the license hearing
The ALR hearing is a chance to question the arresting officer under oath, months before a criminal trial. What the officer says there is on the record.
06
Resolve it or try it
Depending on the evidence, that can mean a dismissal, a lesser charge, deferred adjudication or a jury trial. You make the final call with the full picture in front of you.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He helped bond my brother out of jail, kept us updated and went above and beyond to get his case dismissed.”What a DWI can mean outside the courtroom.
- Will a DWI affect my immigration status?
- A single first DWI is usually not by itself a reason for deportation, but it can hurt a DACA renewal, a visa, a green card or citizenship application, and any arrest can lead to an ICE detainer. Talk to us before any plea.
- My license and my CDL
- You can face a suspension from the ALR case and another from a conviction. An occupational license can often keep you driving to work. A commercial driver faces a one year CDL disqualification for a DWI, even in a personal car.
- Will it stay on my record?
- A DWI conviction or deferred adjudication cannot be expunged. If the case is dismissed or you are acquitted, it can be. Some first DWIs qualify for an order of nondisclosure that seals the record from most employers.
- Guns and professional licenses
- A misdemeanor DWI does not take away your right to own a gun, but it can block a License to Carry for years. Nurses, teachers, CDL drivers and others may have to report the case to their licensing agency.
Dallas and Odessa
DWI cases in Dallas County and Ector County.
Misdemeanor DWI cases in Dallas County are heard in the county criminal courts at the Frank Crowley Courts Building, and felony DWIs go to the district courts in the same building. We see stops on I-35E, I-30, Loop 12 and the streets around Bishop Arts, Deep Ellum and Uptown. Our Odessa office handles DWI cases in Ector County and Midland County, many of them from stops on I-20 and Loop 338.
FAQ
Questions people ask.
Will I go to jail for a first DWI?
The law sets a 72-hour minimum, but time you already spent in jail after the arrest usually counts toward it. Many first DWIs end in probation or deferred adjudication instead of more jail. It depends on the facts and your record, and we tell you honestly what we see.
Can a DWI be dismissed or reduced?
Yes, when the evidence has problems: an illegal stop, poorly given field tests, a breath machine out of compliance or a blood sample handled wrong. No lawyer can promise a dismissal, but every one of those points is worth checking.
I refused the breath test. Is that worse?
A refusal means a longer license suspension, and the prosecutor may mention it at trial. It also means there may be no number in the case, or a blood result taken under a warrant that we can examine. Both kinds of cases can be defended.
Is it DUI or DWI in Texas?
Adults are charged with DWI. In Texas, DUI is a separate, lower charge for drivers under 21 with any detectable amount of alcohol. A driver under 21 can also be charged with DWI if the evidence supports it.
Can I still drive after a DWI arrest?
Usually yes, for now. If you request the ALR hearing within 15 days, your license generally stays valid until the judge rules. If you lose the hearing, an occupational license can often get you to work and back.
How much does it cost to hire you?
The first consultation is free, by phone, video or in person. We discuss the fee and payment options up front, before you sign anything.
Related situations
- DWI license hearing (ALR)
- Felony and repeat DWI
- Intoxication assault and manslaughter
- Traffic tickets and occupational licenses
- Immigration consequences of a charge
- Clear your record
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.