Facing a first-time Driving While Intoxicated (DWI) charge in Texas can be a scary experience, especially if you have never been arrested before. However, it is essential to remember that everyone has the right to a fair defense under our criminal justice system. If you are facing first-time DWI charges, contact an experienced lawyer to ensure you can fight the charges and give yourself a fair chance at obtaining a positive outcome in your case.

Contesting the Traffic Stop

A critical element in a DWI case is the initial traffic stop. More specifically, the reason why you were stopped in the first place. To challenge a first-time DWI charge, your attorney will carefully examine the circumstances surrounding the stop. At this point, your attorney will determine whether the police officer had reasonable suspicion to pull you over. If it is uncovered that the stop was conducted without proper cause, the evidence obtained during the stop may be suppressed, weakening the prosecution’s case against you.

Contesting the Field Sobriety Tests

Field sobriety tests are frequently used tests by law enforcement which are used to gauge whether a driver is impaired or not. Contrary to popular belief, these tests are far from always accurate and may not always accurately indicate signs of intoxication. Challenging the validity of field sobriety tests can be a powerful defense strategy. Bad weather, physical limitations of the driver, or even a case of nervousness can dramatically impact a driver’s performance on these tests. A skilled attorney can scrutinize the administration of the field sobriety tests and argue for their unreliability, potentially leading to the exclusion of the evidence from the trial.

If you have had your driver’s license suspended, revoked, or canceled, including for a DWI charge, you may be wondering how you can get your life back on track without the ability to drive. People with suspended licenses in Texas may still be able to get an occupational driver's license (ODL). However, there are some restrictions to eligibility.

It is important to note that the eligibility requirements for an ODL in Texas can change, so it is always best to speak with an experienced criminal defense attorney to get the most up-to-date information.

Am I Eligible for an Occupational Driver's License?

A law that came into effect September 1st, 2023, broadens the reasons a person can get an ODL. These include the need to drive so you can:

If a person is pulled over on suspicion of driving while intoxicated (DWI) in the state of Texas, there is a good chance that they will be asked to take field sobriety tests. These tests will involve certain types of physical tasks that are meant to help determine a driver's level of impairment and whether they have been drinking alcohol or have used other substances that have affected their ability to operate a vehicle safely. It is important to understand the role that field sobriety tests will play in a DWI case, including their purpose, their validity, and when they can be refused.

Understanding Field Sobriety Tests

When a police officer pulls a driver over because they believe the person may be intoxicated, they will observe the person and look for a reason to perform an arrest. To establish probable cause, or a strong belief that a person has violated the law, the officer may ask the driver to submit to field sobriety tests. These tests are designed to measure an individual’s physical coordination and their ability to follow instructions.

There are three types of standard field sobriety tests (SFSTs) that have been approved by the National Highway Traffic Safety Administration (NHTSA). The horizontal gaze nystagmus (HGN) test will involve an officer asking a person to follow an object with their eyes as they look for involuntary movements. In the walk-and-turn test, a driver will be asked to take several heel-to-toe steps in a straight line, turn around, and walk back to their original position. The officer will be watching to see if the person loses their balance or is unable to follow directions correctly. The one-leg stand test will require a person to stand with one foot raised off the ground for 30 seconds, and if they lose their balance or put their foot down, this may be seen as an indication that they are intoxicated.

An arrest for drunk or intoxicated driving can lead to multiple serious consequences. A person convicted of driving while intoxicated (DWI) may be sentenced to time in prison, be required to pay thousands of dollars in fines, and their driver’s license may be suspended. Fortunately, options may be available that will allow a person to avoid a conviction, including deferred adjudication. A person who is facing DWI charges can work with a criminal defense attorney to find solutions that will allow them to move forward successfully after a DWI arrest.

What Is Deferred Adjudication?

To avoid being convicted of a DWI offense, deferred adjudication may allow a person to resolve their case and serve a sentence of probation. In these cases, a person will appear before a judge and admit guilt, but they will not be formally convicted of the charges. Instead, they will serve a sentence of community supervision. If they successfully complete the term of probation without being arrested or charged with another offense, their case will be closed without applying punishments such as fines or jail time.

Deferred adjudication is typically only available in first-time DWI cases. A person will not be eligible for deferred adjudication if they are a commercial driver’s license holder or if a chemical test performed after their arrest showed that they had a blood alcohol content (BAC) of .15 percent or higher. If deferred adjudication is granted, certain requirements may apply during the person’s period of probation, such as regular drug testing, mandatory installation of an ignition interlock device on any vehicles they drive, or community service. Any violations of the terms of probation will result in the revocation of deferred adjudication. Since the person has already admitted guilt, they may be convicted of the DWI offense and face the maximum applicable punishments. 

While you are probably familiar with the abbreviations DUI and DWI, it is not always apparent that the two have different applications—and they are not necessarily interchangeable under Texas law. When you are using the words in everyday conversation the difference is not likely to be important, as most people understand that they are talking about driving under the influence and driving while intoxicated. However, in the Texas justice system, there are several very important differences between the two.

Age and BAC

The charges of DUI and DWI differentiate by age, mostly. Texas has a zero-tolerance policy for under-aged drinking and driving. Anyone drinking before they reach the age of 21 and then drives may face charges for DUI, regardless of their alcohol level. If the blood alcohol concentration (BAC) is equal to or greater than 0.08%, even those under-aged can face the harsher DWI charges. A driver who is over the legal drinking age of 21 who is legally intoxicated while driving on a public road may be charged with DWI.

In this context, “intoxicated” does not mean simply having a drink. To be intoxicated, one must either: