Driving While Intoxicated

Being charged with Driving While Intoxicated (DWI) in Texas is a serious matter. The consequences can impact your driving privileges, employment, financial stability, and personal reputation. At Gordon Law PLLC, we understand what’s at stake—and we’re here to help you navigate the legal process with strategic insight, respect, and dedicated legal support.

Understanding DWI Charges in Texas

In Texas, a person is legally considered intoxicated when they are operating a motor vehicle in a public place with a blood alcohol concentration (BAC) of 0.08% or higher, or if they are impaired due to alcohol or drugs regardless of BAC. DWI laws apply not only to alcohol but also to prescription medications, over-the-counter drugs, and controlled substances.

Even a first-time offense can result in serious penalties, including:

  • Fines up to $2,000
  • Jail time from 3 to 180 days
  • Driver’s license suspension for up to 1 year
  • Annual surcharge fees
  • Mandatory DWI education programs

Repeat offenses and aggravating factors (such as having a child in the car or a BAC of 0.15 or higher) can lead to harsher consequences, including felony charges.

Your Legal Rights Matter

You have legal rights when you’re accused of DWI. At Gordon Law PLLC, we take these rights seriously. From the moment of arrest to the conclusion of your case, our goal is to ensure that you are treated fairly under the law and that your rights are protected at every step.

Why Choose Gordon Law PLLC for Your DWI Defense

Choosing the right attorney can make a significant difference in how your case is resolved. At Gordon Law PLLC, we approach every DWI case with thorough preparation, knowledge of Texas law, and a commitment to our clients’ best interests.

Our DWI Defense Strengths:

  • Deep Knowledge of Texas DWI Law: We stay current on DWI statutes, court procedures, and developments in law enforcement tactics and testing methods.

  • Tailored Defense Strategies: We recognize that every case is unique. We work with you to understand the details of your situation and build a strategy that suits your specific needs.

  • Responsive Communication: We keep you informed and involved in your case, answering your questions and helping you make informed legal decisions.

  • Respect for Due Process: We’re committed to ensuring your rights are respected and that no shortcuts or unlawful procedures affect your case.

Our Step-by-Step Approach to DWI Defense

1. Initial Case Assessment

We begin by listening to your side of the story and carefully reviewing the details of your arrest. We’ll evaluate police reports, field sobriety tests, and any statements or procedural issues that may affect your case.

2. Evidence Review and Legal Analysis

Our legal team examines the breathalyzer or blood test data, arrest footage (if available), and any procedural errors or inconsistencies that could lead to the suppression of evidence.

3. ALR Hearing Representation

If your license is at risk, we will represent you at the Administrative License Revocation (ALR) hearing. This is a separate legal process from the criminal charge, and you must act quickly—within 15 days of your arrest—to request a hearing.

4. Negotiation with Prosecutors

In some cases, it may be possible to seek a reduced charge or alternative resolution. We negotiate with prosecutors from a position of strength, informed by the facts of your case.

5. Trial Preparation and Representation

If your case proceeds to trial, we will be ready. From jury selection to closing arguments, we ensure you are represented with confidence and clarity.

Key Factors That May Affect Your DWI Case

  • Traffic Stop Legality
    Was the stop conducted lawfully, with probable cause?

  • Field Sobriety Testing
    Were the tests administered properly and fairly?

  • Breath or Blood Testing
    Was the testing equipment calibrated and the procedure followed accurately?

  • Statements to Law Enforcement
    Were your rights properly explained during questioning?

DWI Penalties in Texas: What You Should Know

OffensePotential Jail TimeFinesLicense Suspension
1st Offense3 – 180 daysUp to $2,000Up to 1 year
2nd Offense30 days – 1 yearUp to $4,000Up to 2 years
3rd Offense (Felony)2 – 10 yearsUp to $10,000Up to 2 years

Aggravating circumstances—such as a child passenger or an accident causing injury—can elevate charges and increase sentencing severity.

Driving While Intoxicated

Understanding the ALR Hearing

The Administrative License Revocation (ALR) process is separate from the criminal DWI charge. You must request an ALR hearing within 15 days of your arrest to contest the suspension of your driver’s license.

At Gordon Law PLLC, we help clients:

  • File the ALR hearing request in a timely manner
  • Prepare testimony and evidence for the hearing
  • Cross-examine the arresting officer’s statements
  • Work to preserve your driving privileges while your case progresses

Common DWI Defense Strategies We May Explore

  • Unlawful traffic stop or detention
  • Improperly administered sobriety or chemical tests
  • Medical conditions mimicking intoxication
  • Mishandling of evidence or chain of custody
  • Violation of constitutional rights

Each case is different, and we’ll determine which legal defenses are appropriate based on the specifics of your situation.

What to Do After a DWI Arrest

  1. Do Not Ignore the Charge – Failing to act can result in automatic license suspension and harsher penalties.

  2. Consult an Attorney Promptly – Early legal intervention is critical in protecting your rights and building your defense.

  3. Request Your ALR Hearing – This must be done within 15 days of your arrest to challenge the license suspension.

  4. Stay Informed – Keep records, follow legal advice, and avoid further complications while your case is pending.

Time is Critical – Contact Gordon Law PLLC Today

If you’ve been charged with DWI, the clock is ticking. You only have 15 days to act to protect your driver’s license, and immediate legal support can significantly impact your case’s outcome.

At Gordon Law PLLC, we offer knowledgeable representation, strategic defense, and professional guidance from start to finish. Your future matters—let’s protect it together.

Contact us now to schedule a confidential consultation.

Frequently Asked Questions (FAQs)

Q: Can I drive after being arrested for DWI?
Yes—but only temporarily. You will be issued a temporary driving permit, and your license may be suspended unless you request and win an ALR hearing.

Q: Will I go to jail for a first-time DWI?
Jail time is possible, but outcomes vary based on the circumstances. In some cases, alternatives like probation or community service may apply.

Q: Can I refuse a breathalyzer test in Texas?
Yes, but refusal can lead to automatic license suspension under Texas’s implied consent laws.

Q: How long will a DWI stay on my record?
A DWI conviction in Texas generally stays on your record permanently unless you qualify for certain limited sealing options.

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