What a DWI Charge Means in Garland, Texas

In Texas the charge is Driving While Intoxicated, or DWI. The state charges it as driving while intoxicated under Tex. Penal Code § 49.04. A person commits DWI by driving a vehicle in public while intoxicated. Intoxicated means a blood or breath alcohol concentration of 0.08 or more. It can also mean the loss of normal use of mental or physical skills. That loss can come from alcohol, a drug, or both.

Many people look for a "DUI lawyer" in Garland. In Texas, DUI is a separate charge for drivers under 21. It covers any alcohol at all in their system, under Alcoholic Beverage Code § 106.041. For adult drivers the charge is DWI. The state highway agency explains the impaired driving rules for Texas drivers.

Most Garland arrests are tried in Dallas County. Misdemeanor cases go to the Criminal Courts at Law there. A small strip of the city reaches into Collin and Rockwall Counties. A DWI lawyer Garland drivers hire should know those courts. A DWI attorney Garland prosecutors see often knows local practice.

Penalties for a DWI Conviction in Garland

A first DWI is usually a Class B misdemeanor. Penalties may include a fine of up to $2,000. They may also include 72 hours to 180 days in jail and a license suspension. If the alcohol level is 0.15 or more, the charge may rise to a Class A misdemeanor. A second offense is also a Class A misdemeanor. A third offense is a third-degree felony.

Texas repealed the yearly license surcharge on September 1, 2019. A conviction now carries a one-time state fine instead.

Drunk driving with a passenger younger than 15 is a state jail felony. That charge falls under Tex. Penal Code § 49.045. A court may also order an ignition interlock device as a bond or probation term.

A first DWI is not always permanent. Tex. Gov't Code § 411.0731 allows a request for nondisclosure. This applies after some first DWI convictions. Limits on who qualifies apply, and so does a waiting period. A DWI lawyer Garland TX drivers talk to early can review that option.

Your License, Chemical Tests, and DWI Stops in Garland

Implied consent. By driving in Texas, a person agrees to give a breath or blood sample. That rule applies after a lawful DWI arrest, under Texas's implied consent law, Tex. Transp. Code § 724.011. A refusal brings its own suspension. Officers may still get a warrant for a blood draw.

The ALR deadline. A driver must ask for an Administrative License Revocation hearing within 15 days of getting the notice of suspension. That deadline comes from Tex. Transp. Code § 724.041. Officers usually hand over the notice at arrest, but the clock runs from receipt. The civil ALR case is separate from the criminal DWI case. Missing the deadline usually means losing the hearing.

Checkpoints. Drivers often ask about DUI checkpoints Garland officers might set up. Texas does not allow sobriety checkpoints. Courts have said they are not legal without a law that permits them. Drivers here face no-refusal periods around holidays instead, when on-call magistrates sign blood warrants. They also face extra patrols and traffic stops on I-635, the President George Bush Turnpike, and Broadway Boulevard.

Defense work starts at the stop. A brief lane drift may raise a real question about reasonable suspicion. Field sobriety tests given on uneven ground are open to challenge. A Garland DWI attorney also looks at breath-test calibration records and the blood-draw chain of custody.

Talk to a Garland DWI Lawyer Today

The 15-day ALR window makes the first call time-sensitive. A free, private meeting is open to you. A lawyer can review the stop and the arrest report. The lawyer can also review any test results and your court setting. DrunkDrivingDefense.com connects drivers with a Garland DWI attorney who knows Dallas County courts. Our Texas DWI lawyer page covers statewide rules.

Searching for the best DWI lawyer Garland has to offer is a question of fit. A DWI-focused caseload matters. So does knowledge of the Dallas County Criminal Courts at Law. ALR hearing practice and training in breath- and blood-test science matter too. Drivers can call 1-888-839-4384 or use our online contact form. No attorney can promise a result.

Frequently Asked Questions

Is a DWI the Same as a DUI in Texas?

DWI and DUI are not the same offense in Texas. DWI is the offense for adult drivers under Tex. Penal Code § 49.04. Texas DUI applies only to drivers under 21 with any alcohol in their system.

Are There DUI Checkpoints in Garland, Texas?

Texas does not allow sobriety checkpoints in Garland. Drivers may instead meet extra patrols and no-refusal periods when magistrates sign blood warrants.

How Long Do I Have to Request an ALR Hearing?

Drivers have fifteen days from the day they get the notice of suspension to ask for a hearing. Missing that deadline usually means the suspension takes effect with no hearing.

Can a First DWI Be Kept off My Record in Texas?

A first DWI can sometimes be kept off your record in Texas. Tex. Gov't Code § 411.0731 allows a request for nondisclosure after some first DWI convictions. Who qualifies depends on the facts, and a waiting period applies.