Driving While Intoxicated

Dallas DWI Lawyer



Driving while Intoxicated (DWI) is a common criminal offense surrounded by considerable emotion, due to the number of fatalities and injuries attributed to people who voluntarily consume alcohol and/or substances which leave them impaired while behind the wheel; resulting in motor vehicle accidents, whether caused by them or not. A first time DWI is a Class B misdemeanor. A second offense is a Class A misdemeanor. A third offense and each subsequent offense is classified as a third degree felony. Due to the attention directed toward this particular offense, these are a number of ancillary consequences associated with this type of police stop.

There is a field sobriety test and video. In addition, a breath or blood test is offered. If one fails a blood test, (0.8 or above), one’s license is automatically suspended 45 days after the arrest, for a period of 90 days. If one refuses to take the breath/blood test, the length of suspension is 180 days. Although a defendant is entitled to contest the suspension, (it is called an ALR hearing), the request for such a hearing must be made within 15 days of the arrest. If the suspension goes into effect, one can obtain an Occupational Drivers License (ODL) which may entitle one to drive a motor vehicle during the period of suspension for a up to 12 hours a day, 7 days a week. The ODL can also be used for “essential needs”, (i.e. child care, grocery shopping, church, etc.).

Most DWI arrests occur at night when it is dark and often in the early morning hours. When you look into your rearview mirror and see the flashing lights and hear the sirens it is a frightening experience and only gets worse when the cop with the jack boots and a gun approaches your vehicle and asks you to get out of your car and stand on the pavement often with cars whizzing by and asks you to perform field sobriety tests only a cold sober athlete can perform on a Saturday morning in the Springtime after a good nights rest. It only gets worse from that point forward. If you have been arrested for DWI hire me to represent you in court.

Get an experienced Dallas DWI Lawyer

Dallas DWI lawyer Lloyd S. Gastwirth can help. Many people give up their right to a jury trial and enter in a plea bargain for probation. However, the special laws governing DWI dictate that probation, if given, is “straight” probation. That is, you cannot get deferred adjudication as a plea bargain for DWI and thus, it stands as a conviction on your record.

What Happens If I Were to Refuse a Breathalyzer?

You’ll have a suspended license for 6 months.

Will I go to jail if this is my first DWI offense?

It’s very unlikely. If it’s your first offense, most of the time you’ll end up receiving a probation.

Have other questions or want to speak with an attorney? Contact our office right now.