In Texas, the offense is driving while intoxicated (DWI) under Tex. Penal Code § 49.04. An Arlington DWI lawyer defends those charges in the Tarrant County criminal courts.
A person is intoxicated under Texas law at a blood or breath alcohol concentration of 0.08 or higher. A person is also intoxicated when alcohol, a drug, or a combination takes away the normal use of mental or physical faculties.
What Counts as DWI in Arlington, Texas
Texas law calls the adult offense DWI, not DUI. Under the Texas Penal Code, the State must prove a driver operated a motor vehicle in a public place while intoxicated. Prosecutors can get there two ways.
The first route is the number: a blood or breath test of 0.08 or higher. The second is loss of the normal use of mental or physical faculties. That loss can come from alcohol, a drug, or both. The second route is why officers arrest drivers who test under 0.08. Any DWI lawyer Arlington TX drivers hire should explain both routes.
Texas does use the term DUI, but it means something else. A DUI under the Texas Alcoholic Beverage Code applies to a minor under 21 who drives with any detectable alcohol.
Penalties and License Consequences for an Arlington DWI
Texas generally treats a first DWI as a Class B misdemeanor. The charge can rise to a Class A misdemeanor in some cases. That step up applies when the State shows an alcohol concentration of 0.15 or more at testing.
A conviction may bring jail time, a fine, and court costs. Community supervision conditions and a driver's license suspension may follow as well. Outcomes vary with the facts, the driver's record, and the assigned Tarrant County court.
The license case moves on its own track. Under the Texas implied consent statute at Transportation Code § 724.011, a driver arrested for DWI is deemed to have consented to breath or blood testing. Refusal can trigger a separate suspension proceeding. That proceeding runs on a short window after the arrest. A DWI attorney Arlington drivers hire can calendar the date at once.
How an Arlington DWI Lawyer Builds Your Defense
Defense work starts with the stop. Counsel examines whether the officer had a legal reason to pull the car over. The next question is whether the arrest rested on more than a hunch. Standardized field sobriety tests get the same review, because scoring errors are common.
Test results are also open to challenge. Counsel can attack maintenance, calibration, chain of custody, and analyst training. Roadside video often shows a test given on a sloped shoulder or in heavy traffic. Those images can change the shape of talks in a Tarrant County case. Our firm also fights the license suspension alongside the criminal case.
Many searchers type DUI when they mean the Texas DWI charge. Some want a DUI lawyer Arlington residents recommend. Others want a DUI attorney Arlington families trust. Three questions help either way. Texas DWI volume: how many of these cases has the lawyer handled? Who handles the file: will that lawyer appear personally? The first meeting: is the consultation free?
Talk to an Arlington DWI Lawyer Today
The criminal case and the license case move on separate schedules. Early contact preserves options. A free consultation with an Arlington DWI lawyer at DrunkDrivingDefense.com covers the traffic stop. The review also covers the testing that followed and the charging documents. We also explain the likely path through the Tarrant County courts. Strategy depends on your own facts. Call 1-888-839-4384 or use our online contact form.
Arlington DWI Questions, Answered
Is a DWI the Same as a DUI in Texas?
A DWI and a Texas DUI are not the same charge. DWI is the adult offense under the Texas Penal Code. Texas DUI is a separate charge for drivers under 21 with any detectable alcohol. People often use DUI loosely for both.
What Class of Offense Is a First DWI in Arlington, Texas?
A first DWI is generally a Class B misdemeanor. The charge can rise to a Class A misdemeanor when the State shows an alcohol concentration of 0.15 or more at testing. Exposure depends on your facts and record.
What Happens If I Refuse a Breath or Blood Test After an Arlington DWI Arrest?
Refusal can trigger a license suspension proceeding separate from the criminal case. Texas implied consent law treats a driver arrested for DWI as having consented to testing. The window to contest is short, so calling an attorney promptly protects your options.
Can I Be Charged With DWI in Texas If My BAC Was Under 0.08?
Yes, a driver can face a DWI charge with a result under 0.08. Texas law also defines intoxication as losing the normal use of mental or physical faculties. That loss can come from alcohol, a drug, or a combination. A low result does not end the case, and an attorney can review the evidence behind it.
