Texas DUI Defense Attorney

A driving while intoxicated (DWI) charge in Texas can create immediate pressure. Your freedom, finances, and future may all be at risk. Criminal penalties can include steep fines, jail time, and a driver’s license suspension that affects your ability to work and support your family.

Beyond the courtroom, a DWI conviction may harm your professional reputation. Employers often conduct background checks, and a DWI on your record could limit job opportunities. Auto insurance rates also tend to rise sharply, creating long-term financial strain.

At The Law Office of Raul V. Treviño, we understand what you’re facing. We’ve helped clients navigate Texas DWI charges, protect their rights, and reduce the impact on their lives. We examine every detail, from the traffic stop to breath and blood testing, to build a strong defense. When your future is on the line, an experienced Texas DWI defense lawyer can help protect your freedom and driving privileges.

Why Do You Need a DWI Defense Attorney?

Texas DWI laws are complex, with strict procedures and technical requirements that can be overwhelming if you’re facing charges. A DWI defense attorney helps protect your rights and develops strategies specific to your situation.

These laws also change often. Your lawyer must stay current on legislative updates and law enforcement practices across Texas jurisdictions. This insight can reveal flaws in the prosecution’s case.

An experienced attorney will carefully review every part of your arrest, from the traffic stop to chemical testing. They look for constitutional violations, police officer errors, and testing issues that could work in your favor. Your attorney may:

• Challenge the accuracy of breath or blood tests
• Question the reason for the traffic stop
• Examine police reports and video for mistakes
• Negotiate with prosecutors for reduced charges
• Propose alternative sentencing options
• Represent you at your administrative license hearing

Trying to handle DWI charges alone can put your freedom and future at risk.

Types of DWI Offenses The Law Office of Raul V. Treviño Handles

The Law Office of Raul V. Treviño defends clients against all DWI-related charges and criminal offenses in the state of Texas.

First-Time DWI Offense

A first offense for a DWI is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. If your blood alcohol concentration (BAC) is 0.15% or higher, the charge increases to a Class A misdemeanor, which carries up to one year in jail and a $4,000 fine.

Second Offense

A second DWI is a Class A misdemeanor with penalties of up to one year in jail and increased fines. Prior convictions can impact sentencing, making legal representation critical.

Third or Subsequent Offense

A third DWI is a third-degree felony, punishable by two to 10 years in prison and fines up to $10,000. These cases require experienced legal counsel to pursue the best possible outcome.

Aggravated and Felony DWI

A high BAC (0.15% or higher), repeat offenses, or other aggravating factors may result in felony charges. Felony convictions carry prison time and a permanent criminal record, which can limit employment and housing options.

Why Choose The Law Office of Raul V. Treviño as Your DWI Defense Attorney in Texas

The Law Office of Raul V. Treviño has years of focused criminal defense experience, including a strong track record handling DWI cases across Texas with favorable case results. Our criminal defense lawyer thoroughly reviews each case to examine police procedures, testing methods, and how evidence was collected to build a strategic defense.

Clients appreciate our clear communication and attention to detail throughout the legal process. We keep you informed, explain your legal options, and tailor our approach to your specific circumstances.

• Question the accuracy of chemical testing procedures
• Identify problems with field sobriety tests
• Challenge the basis for the traffic stop
• Negotiate for charge reductions when appropriate
• Represent you in administrative license hearings

With in-depth knowledge of Texas DWI criminal laws and the local court and legal systems, we prepare for how prosecutors may approach your case. We stay current on changes to blood and breath testing laws, sentencing guidelines, and courtroom procedures.

From first-time charges to complex felony DWI cases, we work to protect your rights, preserve your driving privileges, and reduce the penalties that could impact your future.

Testimonials

“As a fellow lawyer in the community I highly recommend Raul Trevino and his exemplary work ethic to receive the best outcomes for his clients. Hire without reservation!” — George C.

“Raul, cant thank you enough for making my case a smooth one. By far a great lawyer! Fastest turn around I’ve experienced with a lawyer. Always kept me up to date and got the CASE DISMISSED!!! If your looking for a lawyer, Raul Trevino is for YOU!” — Matt E.

“Best attorney money can buy!! Was looking at serious time but thanks to Mr.travino and his great staff I’m a free man! So fortunate I had him as an attorney.” — Joey L.

What Is Considered a DUI or DWI in Texas?

In Texas, a person can be charged with driving while intoxicated (DWI) if they operate a motor vehicle while impaired by alcohol or drugs. Under Texas law, intoxication is defined as:

• Having a blood alcohol concentration (BAC) of 0.08% or higher
• Lacking the normal use of mental or physical faculties due to alcohol or drugs
• Having any detectable amount of a controlled substance in their system

What Is the Difference Between DWI and DUI in Texas?

In Texas, DWI and DUI are separate charges based on the driver’s age and level of impairment.

DWI (driving while intoxicated) applies to adults (age 21 and over) who operate a vehicle while impaired by:

• A BAC above the legal limit of 0.08%
• Prescription medications
• Illegal drugs
• A combination of substances

DUI (driving under the influence) applies only to drivers under 21. Texas has a zero-tolerance policy for minors, meaning any detectable amount of alcohol, even below 0.08%, can lead to DUI charges.

While both are serious, DWI charges typically carry steeper criminal penalties than DUI charges for minors.

What Do I Do After a DWI Arrest in Texas?

What you do after a DWI arrest can significantly affect the outcome of your case. Take the following steps as soon as possible:

• Contact a DWI attorney before speaking with police or prosecutors
• Write down everything you remember about the traffic stop and arrest
• Request copies of the arrest report and any chemical test results
• File for an Administrative License Revocation (ALR) hearing within 15 days
• Document any medical conditions that may have affected sobriety tests
• Gather contact information for any potential witnesses

Your attorney will need as much documentation as possible to build your defense. Be sure to keep:

• Citations and police paperwork
• Bond release documents
• Medical records, especially if blood was drawn
• Photos or videos from the scene
• Any communication with law enforcement

If you miss the 15-day deadline to request an ALR hearing, your license will be automatically suspended. The ALR process is separate from your criminal case and gives your attorney an early chance to challenge the arrest and protect your driving privileges.

Avoid posting about your case on social media or discussing it with anyone other than your attorney, because your statements could be used against you later.

What’s at Stake Besides Legal Consequences in a DUI/DWI Case in Texas?

A DWI conviction in Texas can affect your life far beyond the legal penalties. One of the most immediate impacts is financial. Auto insurance premiums may double or triple after a conviction. These higher rates often last for three to five years and can cost thousands of dollars.

Professionally, a DWI can limit career opportunities. Many employers run background checks and may hesitate to hire someone with a criminal record. For licensed professionals such as doctors, nurses, teachers, or commercial drivers, a conviction could lead to disciplinary action or loss of employment.

Personal relationships may also suffer. The stress of court date appearances, financial strain, and restricted driving privileges can put pressure on families and social connections. A conviction can carry stigma, affecting your reputation and limiting your ability to volunteer, especially in roles involving driving or working with minors.

Military personnel and government employees may face unique consequences, including clearance issues or job reassignments. For non-citizens, a DWI can potentially impact immigration status, visa renewals, or citizenship applications.

What Is the ALR Hearing and Why Is It Important?

The Administrative License Revocation (ALR) hearing is a separate civil proceeding from your criminal DWI case. It determines whether you can keep your driver’s license while awaiting trial. You must request the hearing within 15 days of your arrest. If you miss this deadline, your license will be automatically suspended.

During the ALR hearing, your DWI attorney may:

• Question the officer about the traffic stop and whether there was probable cause
• Challenge how blood or breath tests were conducted
• Dispute the accuracy of field sobriety testing
• Raise concerns about constitutional rights violations
• Present evidence to support keeping your license

This hearing also gives your attorney an early look at the prosecution’s case. It can help:

• Review the evidence before trial
• Cross-examine officers under oath
• Identify weaknesses in the state’s case
• Build defense strategies early
• Document inconsistencies in police testimony

A successful ALR hearing allows you to keep driving legally, which can be critical for work, family responsibilities, and everyday life. It also gives your defense team valuable information to use in your criminal case.

Common DWI Defense Strategies

A strong DWI defense in Texas involves identifying weaknesses in the case against you. Defense attorneys often focus on three main areas:

Testing Procedures and Equipment

• Reviewing breath test calibration and maintenance records
• Identifying errors in blood sample handling or storage
• Considering medical conditions that may affect test results
• Pointing out equipment malfunctions or operator mistakes

Field Sobriety Testing

• Accounting for poor weather or road conditions
• Documenting physical limitations that affect performance
• Identifying errors in how tests were administered
• Noting any lack of standardized procedures

Traffic Stop Analysis

• Challenging the officer’s reasonable suspicion for the stop
• Addressing possible constitutional rights violations
• Disputing the officer’s observations
• Reviewing dash cam or body cam footage

Additional strategies may include:

• Filing motions to suppress unlawfully obtained evidence
• Questioning the timing between driving and testing
• Contesting probable cause for arrest
• Highlighting breaks in the chain of custody
• Offering alternative explanations for your behavior

When handled by experienced Texas DWI attorneys, these strategies can lead to reduced charges or even a dismissal.

Is It Possible to Avoid a DWI Conviction in Texas?

Avoiding a DWI conviction in Texas is possible in some cases, especially with early legal intervention. A DWI attorney may be able to pursue:

• Pretrial diversion programs for eligible first-time offenders
• Plea negotiations for reduced charges
• Motions to suppress flawed evidence
• Challenges to the legality of the traffic stop
• Reviews of police procedural errors

Your lawyer may also explore alternatives such as:

• Deferred adjudication
• Court-approved alcohol education
• Community service agreements
• Substance abuse treatment plans

The outcome of your case may depend on factors like:

• The strength of the evidence
• Your BAC level and arrest details
• Your criminal history
• How soon you hire legal counsel
• Whether you cooperated with law enforcement

A DWI arrest doesn’t always lead to a conviction. With the right defense strategy and a detailed review of:

• Chemical testing procedures
• Officer training and conduct
• Maintenance records for test equipment
• Body or dash cam footage
• Witness statements

Your attorney may be able to challenge key parts of the state’s case and work toward a more favorable outcome.

What Are the Penalties and Fines for a DWI Conviction in Texas?

Texas imposes strict penalties for DWI convictions, with consequences that increase based on prior offenses and case details:

First DWI Offense

• Fines up to $2,000
• Jail time between 3 and 180 days
• Driver’s license suspension for up to one year
• Annual surcharge of $1,000 to $2,000 for three years

Second DWI Offense

• Fines up to $4,000
• Jail time between 30 days and one year
• License suspension for up to two years
• Annual surcharge of $2,000 for three years

Third DWI Offense

• Fines up to $10,000
• Two to 10 years in state prison
• License suspension for up to two years
• Annual surcharge of $2,000 for three years

Other penalties may include:

• Ignition interlock device installation
• Completion of a DWI education program
• Community service
• Higher auto insurance premiums
• Court-ordered substance abuse treatment

If a child was in the vehicle or if the incident caused serious injury, charges may be enhanced with longer prison terms and larger fines.

What Can a Criminal Defense Attorney Do in a DWI Case?

A DWI defense attorney plays a critical role in protecting your rights and building a strong legal strategy. Your lawyer may:

• Review arrest reports and evidence for possible constitutional violations
• Challenge the accuracy of breath or blood test results
• Examine dash cam and body cam footage for inconsistencies
• File motions to suppress unlawfully obtained evidence
• Cross-examine officers and other state witnesses
• Present expert testimony
• Negotiate with prosecutors for reduced charges or alternative sentencing
• Represent you at administrative license hearings
• Explain plea options and help you make informed decisions
• Present facts that may reduce sentencing
• Propose treatment-based or rehabilitative sentencing options
• Manage all court filings and procedural requirements

Your defense strategy may be built around factors such as:

• How field sobriety tests were administered
• The validity of chemical testing procedures
• Whether the traffic stop was legally justified
• The officer’s training and conduct
• Maintenance records for testing equipment
• Medical conditions that could affect results
• Witness accounts of the incident

Having an attorney with DWI experience can make a significant difference. A well-prepared defense may lead to reduced charges, dismissed evidence, or a more favorable outcome in court.

Is There a Way to Get Off DWI Probation Early in Texas?

In some cases, Texas law allows for early termination of DWI probation. Your attorney can petition the court to end probation ahead of schedule if you:

• Complete at least one-third of your probation term
• Pay all court fines, costs, and restitution
• Finish any required DWI education or treatment programs
• Pass all drug and alcohol tests
• Comply fully with probation terms
• Maintain steady employment
• Stay free of any new criminal charges

When reviewing a request for early release, the court may consider:

• Your behavior and compliance during probation
• Feedback from your probation officer
• Any public safety concerns
• Completion of court-ordered conditions
• Financial and employment stability

A DWI defense attorney can help strengthen your petition by:

• Documenting your rehabilitation progress
• Collecting letters of support or references
• Highlighting employment history and community involvement
• Demonstrating changes in behavior and responsibility

These petitions require thoughtful preparation and timing. With legal guidance, your chances of early release improve when backed by evidence of genuine progress.

Need a DWI Attorney? Let’s Discuss Your Case Today.

A DWI charge in Texas doesn’t have to define your future. With the right legal strategy and early action, you may be able to reduce the impact on your life and protect your long-term goals.

At The Law Office of Raul V. Treviño, our DWI lawyer takes the time to examine every detail of your case, from the initial traffic stop to the chemical testing and police reports. Our goal is to build a defense that protects your rights, your freedom, and your driving privileges.

Don’t wait to get legal help. We have extensive experience in DWI cases with results that include reduced charges, case dismissals, and not guilty verdicts. Let our experience in Texas DWI defense help guide your next steps. Contact us now by calling 210-409-8788 or use our online contact form to schedule a free consultation.