Award-Winning DWI / DUI Lawyer in Dallas, TX

Driving While Intoxicated, according to Texas Penal Code § 49.04, involves being “intoxicated while operating a motor vehicle in a public place.”

Under Texas law, you are considered intoxicated if you lack control over your mental or physical facilities due to substances. This means that technically, you do not need to have a blood alcohol concentration of 0.08%, though that is the typical standard. We’ve seen cases where breath results show below a 0.08%, but a client was still arrested because the police argued they were still intoxicated.

If pulled over, we recommend that you never perform a sobriety test or blow into a breathalyzer – that evidence can only be used against you. The cops may get a court order to compel you to give a blood sample, and in that case, it’s best to cooperate.

If you did blow or have blood above 0.08%, don’t worry – we have multiple DWI scientists on staff who have extensive training on challenging the science of these results. We’ll get more into this later on.

Types of DWI Charges and Penalties

Just because a DWI is common in Dallas, it doesn’t mean that you’ll simply get a slap on the wrist and be sent home. You could face some severe penalties if you do not put up a fight. Now, before you freak out, please note that our clients rarely (if ever) experience the full consequences according to the guidelines.

DWI conviction penalties in the DTX area are listed below:

First offense

• Up to a $2,000 fine
• Between 3 and 180 days in jail
• Loss of driver’s license for up to a year

As you can see, first-time DWI offenses are misdemeanors with stiff penalties at first glance. However, it’s highly unlikely you will have to do any jail time or be unable to drive.

The only time we would expect you to serve jail time is if you prefer to do so over probation. More likely is a period of probation, deferred adjudication, or a reduction to a much lesser charge.

Second offense

• Up to a $4,000 fine
• Between 1 and 12 months in jail
• Loss of driver’s license for up to two years

A second DWI is a Class A misdemeanor, with heightened penalties. But even still, we rarely see our clients have to serve jail time as a result of them. Our goal is always to get the case thrown out due to an issue with the evidence, but if the evidence is not in your favor, we are usually able to negotiate acceptable terms that do not include jail time.

Third+ Offense

• Up to a $10,000 fine
• Between 2 and 10 years in prison
• Loss of driver’s license for up to two years
• A felony on your record

A third DWI is where things start to get serious. A third DWI is a felony that can carry time in prison, not to mention a pretty bad mark on your record. Even still, we rarely see someone go to jail for a 3rd DWI in Dallas, assuming nobody was injured.

A significant factor in a third DWI is how long it has been since your prior DWI.

DWI Enhancements

In addition to the 1st, 2nd, 3rd+ distinctions, there are “enhancements” that can affect the penalties.

• DWI .15+: If you blew .15 BAC or higher, the charge will get elevated and increase to a Class A Misdemeanor
• DWI With Open Container: This happens if you are pulled over with an open container of alcohol. Convictions require a minimum 6 day jail sentence.
• DWI with Child Passenger: This is a felony and can result in a prison sentence of up to 24 months.

What are the Actual Outcomes of DWI Charges in Dallas?

If you read the section above and you’re facing DWI charges, you’re probably a bit frightened. 180 days in jail for a single DWI seems ridiculous, right? Well, the reality is that the justice system works in a silly way.

The law is written in a super-punitive way. But, because prosecutors realistically can’t afford to take every case to trial, it becomes a negotiation game.

We pulled the statistics for Dallas County to demonstrate what the actual outcomes are. It’s worth noting that these statistics include those who plead guilty or use a public defender. You should expect much better odds with a reputable defense firm.

Case Outcomes in Dallas

As we mentioned previously, most cases don’t end up going to trial – instead, an outcome gets worked out with the prosecutor.

You can see the data from Dallas County DWI charges below.

Source: 2023 Outcomes of DWI Charges in Dallas County

First-Time DWI: The most common outcome is conviction, but 41% receive deferred adjudication (a great outcome) and 10% result in a dismissal.

Second-Time DWI: 73% of second-time charges result in a conviction, so it’s important to hire an attorney for the best chance of keeping your record clean. Only 8% receive deferred adjudication, and 12% result in dismissal.

Felony DWI: 51% result in a conviction, and 25% are put in the ‘All Other Outcomes’ category, which unfortunately, the data source does not define.

Conviction Sentences in Dallas

If convicted, you will receive a sentence. Below shows the distribution of sentence types for DWI convictions last year in Dallas County:

Source: 2023 Sentencing of DWI Convictions in Dallas County

First Time DWI: Of 1st DWI convictions, 73% result in local jail, while 27% result in probation / community supervision. It’s worth noting, that sometimes you get ‘time served’ for the jail time you spent post arrest.

Second Time DWI: Roughly 44% of convictions result in jail time, and 55% result in probation / community supervision.

Felony DWI: Of felony DWI convictions, 19% result in jail time. 81% are bucketed in the ‘other’ category, which unfortunately the state government does not provide a breakdown of.

How a Dallas DWI Conviction Affects Auto Insurance Rates

In Dallas, the average annual cost of car insurance is $816. For drivers with DWI convictions, the average annual cost of auto insurance is $1,175, an increase of $359.

Breakdown by Gender

Insurance Rates in Dallas, TX, with and without a DWI Conviction by Gender

Breakdown by Age

Insurance Rates in Dallas, TX, with and without a DWI Conviction by Age Range