DWI Defense Attorney in Waco, Texas

A first DWI is generally a Class B misdemeanor, with up to 180 days in jail. An alcohol concentration of 0.15 or more, or one prior conviction, makes it a Class A misdemeanor, with up to a year in jail. A third offense is a third-degree felony, with two to ten years in prison. DWI with a passenger under 15 is a state jail felony, even the first time.

An officer needs a lawful reason to stop your car and a reasonable basis to begin a DWI investigation. Field sobriety tests are meant to be given and scored under standardized procedures, and weather, footwear, injuries and nerves can affect the results. We review the dash and body camera footage against the written report.

A breath test depends on a properly maintained instrument and an operator who followed the required observation period. A blood test depends on valid consent or a warrant, a proper draw, an unbroken chain of custody and lab work that can be examined. We request the maintenance records, the warrant and the lab file.

The administrative license revocation, or ALR, case is separate from the criminal charge. If you refused testing or failed a test, the officer generally takes your license and issues a notice of suspension. You have 15 days from that notice to request a hearing, or the suspension takes effect automatically. We request the hearing and can subpoena the officer for questioning.

During a suspension, an occupational or essential need license may allow you to drive to work, school and errands at set hours. Many DWI cases also involve an ignition interlock device as a condition of bond, an occupational license or probation, along with classes, community service or monitoring. We prepare the petition and explain what each condition requires.