DWI Lawyer-Midlothian, TX

McCarty-Larson, PLLC
Criminal Defense

Driving While Intoxicated Defense

The penalties for a Driving While Intoxicated offense in Texas can be severe. If you have been arrested for a DUI/DWI and want to fight the charge, it is critical to talk to a knowledgeable DWI Lawyer that understands the common tactics law enforcement or prosecuting attorneys use to gain maximum penalties.

For those facing a Driving While Intoxicated charge, it can feel catastrophic. That is understandable, given the potential consequences. That’s why it is critical to contact a Midlothian DWI Lawyer as soon as possible.

Why Should You Listen to DWI Lawyer?

Not every Midlothian DWI lawyer is created equal. Some attorneys simply walk clients through the process without digging deep into the police reports, videos, test results, or certification of the officers. Having served as a Texas Peace Officer and prosecutor, Attorney Robin McCarty’s deep understanding of both sides of the arrest and criminal proceedings gives him unparalleled expertise in alcohol-related offenses. His substantive knowledge of how the justice system works guides the highly-successful strategies used to get charges reduced or dropped, prevent the suspension or revocation of your driver’s license, or even win an acquittal.

Even if you believe your case is not defendable, our DWI Lawyer team knows how to strategically dismantle a case while building an impenetrable rebuttal for our client’s defense. When prosecutors see us coming, they know they are in for a fight. We come in with vastly more knowledge that only comes from experience.

What is a DWI in Texas?

The penalties for a DWI in Texas are severe and can have far-reaching consequences. Under Texas law, a person can be charged with a driving while intoxicated (DWI) offense if they are intoxicated while operating a motor vehicle in a public place. 

To prove a person was driving while intoxicated in Texas, a prosecutor must show the following:

    • On or about a particular date
    • The person accused
    • “Operated”
    • A motor vehicle
    • While intoxicated
Being “intoxicated” means:
    • The person lacked their normal mental faculties due to an intoxicant;
    • The person lacked their normal physical faculties due to an intoxicant; OR
    • The person had a blood alcohol concentration of .08 or more.

The first two definitions of being intoxicated are subjective.    You can be charged with being intoxicated on any substance – prescription drugs, illicit drugs, a combination of drug and alcohol, or just on alcohol alone.

“Operated” means:
    • Physically operating the vehicle 
    • Having actual physical control of the vehicle. This means having the exclusive physical power and present ability to operate, move, park, or direct use or non-use of the vehicle. 

You do not have to be driving to be charged with a DWI in Texas. Under the definition of “operate,” you can be arrested, for example, for sleeping in the back seat even if the keys are outside the car. 

Because of these complexities, it is important to have a Midlothian DWI Lawyer with a proven ability to provide a vigorous defense.

    How Can You Get a DWI Dismissed in Texas?

    The first step to take to beat a DWI in Texas is hiring a skilled attorney immediately. Our lawyers are highly adept at confronting witnesses and disputing reasonable suspicion, probable cause, and all forensic evidence. We put you in the best possible position when seeking to get a DWI dismissed.

    How to Beat a DWI in Texas:

    1. Lack of Reasonable Suspicion to Detain

    An officer has to have reasonable suspicion to stop you. Reasonable suspicion is a legal standard that is less than probable cause. A police officer may have reasonable suspicion to stop a driver when any reasonable person would have stopped the driver under similar circumstances and has “specific and articulable facts” that an offense has occurred. Officers sometimes get this wrong.

    2. Lack of Probable Cause to Arrest

    Probable cause can play an incredibly important role in any DWI case. In Texas, police must have probable cause to search your vehicle, administer a breath test or blood test or make an arrest for a DWI. A lack of probable cause can invalidate the DWI charges against you.

    3. The Lack of a Breath or Blood Specimen

    While it rarely happens, there are times when an officer fails to obtain a warrant when a person refuses a breath or blood test. While driving on Texas roads provides implied consent to breath or blood tests and it is not advisable to withdraw consent, these cases can be attacked because the remaining evidence is subjective.

    4. Lack of Probable Cause in the Search Warrant for Blood

    A magistrate issues a warrant for blood when an officer provides probable cause for an arrest. If the warrant lacks probable cause, it can be attacked through a motion to suppress.

    5. False Information in the Search Warrant

    If the officer includes false information in the search warrant affidavit, the affidavit can be contested through a Franks Hearing. The motion attacks a warrant on the ground that an officer intentionally lied or misstated facts that are the basis for the probable cause and therefore misled the judge to obtain the warrant.

    6. Improper Breath Test, Blood Draw, or Lab Techniques

    With any test, there is room for human and mechanical error. We dig deep to identify issues with labs, lab techs, testing procedures, and problems with testing equipment that could result in getting breath and blood tests kicked out.

    7. Intoxication at the Time – Not Later

    If the police are able to determine you were operating a motor vehicle, the police will then investigate whether you were intoxicated at the time of operation. The passage of time is a critical factor in this process. The more time that passes, the more difficult it is to determine intoxication at the time of operation.

    Dependent on many factors, your Blood/Breath Alcohol Concentration (BAC) may be higher, lower, or the same at the time of driving and when you were tested. It’s possible that you could have provided a sample over the limit even though you weren’t intoxicated when you were driving. This is a critical distinction to make when trying to get charges reduced or dropped.

    8. Lack of Proof

    A DWI case in Texas may be defeated by demonstrating the State cannot prove the accusation beyond a reasonable doubt.

    What is the punishment for a first time DWI in Texas?


    Driving While Intoxicated  3-180 days in jail, up to $2,000 fine
    Driving While Intoxicated BAC>/=.15     0-365 days in jail, up to $4,000 fine
    DWI-Child Passenger   180 days-2 years in State jail, up to $10,000 fine
    Intoxication Assault   2-10 years in prison, up to $10,000 fine
    Intoxication manslaughter     2-20 years in prison, up to $10,000 fine


    What are the possible outcomes for a first-time misdemeanor DWI in Texas?

        • Possible sentence of up to 180 days (Class B misdemeanor) or 1 year (Class A Misdemeanor which is the .15 or greater offense).
        • Possible two years of deferred adjudication on a Class B misdemeanor.
        • Possible two years of probation on a Class A or Class B misdemeanor.
        • If your case has significant legal issues, your charge might be reduced to Obstruction of a Highway
        • If your case has a legal issue that results in the judge throwing out evidence, your case may be dismissed.

    How Much Does it Cost for a DWI Lawyer?

    DWI lawyer fees vary and are highly dependent on several factors, such as the facts and circumstances of your case, the philosophy and methodology of the lawyers, and the lawyer’s DWI experience. In general, you can expect to pay between $3,500 and $7,500 for a simple case that doesn’t go to trial, and up to $15,000 for a case that goes in front of a judge.

    What’s Going to Happen to My License After a DWI Arrest in Texas?

    The duration of a driver’s license suspension depends on the circumstances of your arrest and your criminal history. For most first-time offenders, a DWI license suspension will last between 90 days and one year. There are exceptions, however. 

    Blood test refusal  180-day suspension
    Breath test >.08   90-day suspension
    DWI Conviction 90-day suspension-2 years

    How do you find the best DWI Lawyer?

    Finding the best Waxahachie DWI lawyer depends on a few things. When you are looking for a skilled and qualified lawyer, look for these things:

        • Experience in alcohol-related offenses
        • Conducts thorough investigation
        • Exceptionally well versed in finding holes within the prosecutor’s case
        • Aggressive and a well-prepared defense
        • Knowledge of law enforcement practices 

    Every case is complex, unique, and life-changing. Ultimately, the right DWI lawyer is the one that is right for you and able to handle your case. Having extensive and multi-faceted knowledge of law enforcement, prosecution, and defense, DWI Lawyers McCarty-Larson aggressively defend our client’s rights and interests. For more information, contact DWI Lawyer at (972) 775-2100

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