Fort Worth DWI Lawyer | First DWI Charge | Misdemeanor DWI Charges

Arrested on your first DWI charge (Class B misdemeanor DWI)? We offer experienced DWI lawyers and former Tarrant County DWI prosecutors who can help you fight your DWI charge.  Over DWI lawyers have combined to try over 100 DWI jury trials and have handled thousands of DWI plea negotiations. Our goal is to get your case dismissed or reduced.

Senior Partner Lindsay Truly is a former DWI prosecutor in Tarrant County and is the lead Fort Worth DWI lawyer at Hoeller McLaughlin PLLC.  Lindsay is a Super Lawyers Rising Star (21, 22, 23, and 2024) by Thomson Reuters and a Top Fort Worth Attorney by Fort Worth Magazine (20, 21, 22, 23, and 2024). See some of her results and outstanding 5 star reviews.

Lindsay Truly Fort Worth DWI Lawyer

What We Offer in Your DWI Defense:

Extensive DWI Trial Experience

Our firm has extensive trial experience in criminal and DWI defense. Our criminal defense attorneys and DWI lawyers have tried over 200 combined criminal trials, including jury trials for DWI, Aggravated Assault with a Deadly Weapon, Sexual Assault, Drug Possession, Gun and Weapons Charges, Burglary of a Habitation, and Capital Murder. In addition, we have reviewed and successfully negotiated thousands of criminal charges.

Former DWI Prosecutors in Tarrant County, Dallas County, and Harris County, Texas

As former prosecutors in Tarrant, Dallas, and Harris County, our DWI lawyers know how the State of Texas will attempt to prosecute you on your criminal charges. This knowledge will allow our firm to build the best defense in fighting your state criminal charges.

Superior Knowledge in DWI Law

DWI defense is a unique area of criminal law, in part, because many cases involve drinking alcohol, which is not, by itself, against the law and it also involves many components of criminal defense (i.e. traffic stops, search and seizure, probable cause to arrest, specific tests just for DWI investigations, and blood and breath test experts), so it is important to have extensive experience in many areas of criminal law.

Our criminal lawyers know the inside and out of each and every aspect of a police investigation and State prosecution, including criminal laws, proper police procedures, DNA and blood forensic evidence, and knowing exactly how the State plans to introduce evidence into trial. This experience is invaluable and necessary to be able to properly defend a DWI charge.

What is a DWI? | Texas Law on DWI Charges | Misdemeanor DWI Charges

There are three primary misdemeanor DWI charges:

  1. Driving While Intoxicated (DWI), a Class B Misdemeanor (Possible to be Sealed Later On).
  2. Driving While Intoxicated with an Alcohol Concentration > 0.15, a Class A Misdemeanor
  3. Driving While Intoxicated with one previous conviction for DWI, a Class A Misdemeanor (Second DWI Charge)

Here is the primary Texas Penal Code sections outlining these charges:

SECTION 49.04 | Texas Penal Code | Driving While Intoxicated | First DWI Charge

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

Is it Possible to have a DWI Dismissed? | Strategies to Fight Your DWI

The short answer is yes and retaining the right Fort Worth DWI attorney for your case is one of the best things you can do to fight to get your DWI charges reduced or dismissed. Our DWI law firm at Hoeller McLaughlin PLLC has the experience, the knowledge, and the track record to get these charge reduced or dismissed.

Having an outright dismissal of the charges can be difficult because the DA’s Office devotes extensive resources training prosecutors to secure DWI convictions, but the right Tarrant County DWI defense attorney can make a big difference for your case. Below are just a few options your DWI lawyer in Fort Worth may explore to defend your case:

  • Lack of reasonable suspicion to detain the accused (is it an illegal or bad stop?)?
  • Lack of probable cause to arrest the accused (is it an illegal or bad arrest?)?
  • Lack of evidence of Intoxication (did you pass a field sobriety test? did the officers fail to get a blood or breath test specimen?)?
  • Lack of probable cause to get a search warrant for a blood sample?
  • Bad Search Warrant (Providing wrong, incomplete, or false information in the search warrant)?
  • Improper testing methods and lab techniques (Did the officer conduct the field sobriety tests incorrectly?)
  • Not knowing your intoxication level at the time of the driving (i.e. the State must prove you were intoxicated at the time of driving, not 2 hours later)?
  • Having an overall lack of proof in one of more elements of DWI?

Any one of these could be grounds to get the case thrown out or reduced.  Sometimes, it is necessary to file a Motion to Suppress to present evidence to a Judge requesting the evidence be thrown out.  If granted, than the State is forced in many circumstances to dismiss the case.

Whether you want the case dismissed or your charges lessened, using a qualified, experienced law office to help you through this tough time is essential. They can find areas that may have been overlooked and might just help your case.

DWI Diversion Programs:

Tarrant County has several diversion programs that also allow for a DWI to be dismissed (even if the facts are bad) for first time offenders on misdemeanor DWI charges.  These include:

  1. Tarrant County Veterans Court – This program is designed for military veterans who may have suffered PTSD or a related diagnosis as a result of military activities.  Hoeller McLaughlin PLLC attorney Dustin Trammel is a Veteran of the US Army and has helped many veterans enter this program.
  2. Public Safety Employees Treatment Court – This program is designed for individuals who work in public safety (police officers, fire fighters, first responders, ER nurses at public hospitals). Partner Lindsay Truly has helped many public safety employees enter and complete this program, which allows for the DWI case to end up dismissed.

Texas DWI Non-Disclosure | Is It Possible to get my DWI Arrest Sealed?

How to get a DWI Non-Disclosed (Sealed)?

Unlike most criminal offenses (including most felonies), the biggest problem until 2017 with being arrested for a first-time DWI is that if you are convicted, it remains on your permanent record forever (before 2017, you could never get a DWI Non-Disclosure).  There is no way to get the case dismissed or sealed even if you successfully complete probation. Anytime an employer does a background check, it shows up and may cost you the chance at a great job.

In 2017, Texas started allowing first-time low level misdemeanor DWI offenders the ability to get their records sealed (DWI non-disclosure). The law is retroactive, so even if you have been convicted of a DWI prior to 2017, you may still be eligible for a non-disclosure.

In 2019, Texas again revised their DWI laws, now allowing some first-time low level DWI offenders the ability to get a deferred probation sentence on their DWI arrest.  A deferred sentence would allow for the case to ultimately be dismissed upon successful completion of community supervision.  Those would also allow those offenders the ability to get their records sealed (DWI non-disclosure). Those only apply to offenses that occurred after September 1, 2019.

Fighting Your License Suspension | Administrative License Revocation (ALR) Hearing | 15 Days to Act

If you receive notice of a license suspension resulting from a DWI arrest, you have 15 days to submit a request to fight your driver’s license suspension through the State Office of Administrative Hearings (SOAH). If requested, this is a process that our firm handles for our clients.

Our Fort Worth DWI Lawyer will submit a request for an ALR (Administrative License Revocation) hearing and request discovery on the case. This request tolls (pauses) the suspension until the hearing.  This is a completely separate process from the criminal case itself and could result in a separate license suspension from the criminal court.

Occupational License:

Having a license suspension can have a serious impact on your life, considering many need a license to be able to drive for work and their family.  Our firm helps clients get an occupational license, which allows our clients to continue to drive for essential needs during the license suspension period.

Call a Fort Worth DWI Lawyer Today to Help Build a Strong Defense on your First DWI Charge

If you or a loved one is facing a first DWI charge, you need an experienced and highly reviewed DWI lawyer to help fight the charge, protect your license, and help protect your future.

Fortunately, there are many ways to challenge a DWI arrest, and it’s important that your Fort Worth DWI attorney understands how your case can be challenged.

Whether it’s your first DWI or you’re a repeat offender facing felony charges, you need a DWI attorney in Fort Worth who will fight for your future. At Hoeller McLaughlin PLLC, we provide aggressive representation and will do everything we can to get your case dismissed or charges reduced.

If you would like more information about a Fort Worth DWI lawyer that gets results, call 817-334-7900 or fill out our online contact form.