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Being arrested for a DWI, driving while intoxicated, is extremely overwhelming, stressful, and you might not know where to turn. Having a DWI charge on your record can negatively affect your job, you can lose your driver's license, fines are high, and if you don't fight back, this one charge could affect your future for years to come. This is why you need a DWI defense attorney on your side.
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At Sparks Law Firm, we take on DWI cases in Fort Worth. We understand the DWI process, and we know Texas DWI law. For years, we have defended clients throughout Tarrant County who believed that their situation was hopeless. Our criminal defense attorneys showed them that it wasn't. We know the legal system, and our goal with every DWI case is to get reduced charges, dismissals, and the best outcomes. Our mission is to protect our client's freedoms, rights, and future.
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​We don't take legal representation lightly; we work with our clients to move through the legal process and we help them feel understood every step of the way.
Have You Been Charged With a DWI? A DWI Attorney from Sparks Law Firm is Here for You
At Sparks Law Firm, we have experience with both Texas law and DWI charges. With first hand knowledge of how the Texas law enforcement system work, we can strategically create a defense for our clients based on evidence, and since we understand criminal law, our clients are in the best hands. We will defend you from the first moments following an arrest to standing right by your side at trial.
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​We can and do win DWI cases in Tarrant County all of the time, and we have defense strategies in place that work. You don't have to plead guilty to a DWI charge. Instead, when you work with an experienced DWI attorney from Sparks Law Firm, you can challenge the charges and secure your future.
WHAT'S THE DIFFERENCE BETWEEN A DUI & DWI?
DUI
DUI refers to either driving while intoxicated or driving while under the influence of alcohol or drugs. The medicines may be over-the-counter, prescribed, or illicit.
DWI
DWI refers to driving while drunk, impaired, or intoxicated. The specific definitions of these terms and the consequences that offenders face vary by state.
A DUI or DWI charge applies when a police officer believes that a driver was too inebriated to drive. Alcohol, narcotics, tiredness, and other conditions could contribute to such impairment.
DWI Penalties and Legal Consequences
No one needs to tell you that getting arrested for a DWI is a serious legal matter. Here in Texas, we have some of the toughest DWI penalties in the entire country, which is why it's imperative to work with outstanding lawyers who understand criminal procedure.
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The state of Texas has the following penalties in place for those convicted of a DWI:
First Time DWI - Class B Misdemeanor
A first-time offense in Fort Worth, Texas, warrants serious consequences and a permanent addition to the offender's criminal record. It is considered a class B misdemeanor. Additionally, drivers driving while intoxicated may face fines of up to $2,000, a maximum of 180 days in prison, and driver's license suspension for up to one year following the offense.
If an offender is driving a vehicle with an open container in Tarrant County and other parts of Fort Worth, it is still considered a class B misdemeanor. However, it still involves 6 to 180 days of jail time and a fine of up to $2,000. A first-time offender with a blood alcohol level of 0.15 percent or more is charged with a class A misdemeanor. This involves up to a year in prison and a fine of up to $4,000.
Potential Penalties for a First Time DWI
There are a number of penalties that a first time DWI charge can bring. For instance, jail time for a first time DWI ranges from around 72 hours to 180 days. If an open container is found in the vehicle, minimum jail time can increase to 6 days in jail.
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Fines for those over the legal limit when getting pulled over for their first DWI can be up to $2,000, and your driver's license can be suspended for up to a year. Additionally, there might be other penalties including community service, a DWI education program, ignition interlock device, or probation. You can also get a permanent criminal record for a first time DWI, which can affect your future employment, housing options, and any future legal issues.
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Our legal team can help negotiate lesser charges, like probation, lower fines, or case dismissal.
Second DWI Offense - Class A Misdemeanor
Any DWI following the first one shows the court that you have a pattern of impaired driving. Thus, they treat these more severely by prosecutors and judges. Though they might be lenient for a first time misdemeanor DWI, it's less likely they will do the same for any subsequent DWI.
Potential Penalties for a Second DWI Offense
Typically, a second DWI offense comes with jail time from 30 day to 12 months in county jail and fines of up to $4,000. Your driver's license could be suspended from 180 days to 2 years, and it is now mandatory for cars to be fitted with an ignition interlock device while you are out on bond or probation. Community service is also often a penalty for a second DWI, and a substance abuse evaluation is required. Texas law also requires those with more than one DWI to complete a repeat offender program.
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Also, keep in mind that having two DWIs, means higher insurance rates, longer license suspensions, and more jail time.
Third DWI Offense - Third Degree Felony
If you are charged with a DWI for the third time, it is considered a felony. If you are convicted of a felony, there are life-altering consequences like more prison time and the loss of some civil rights, such as the right to own firearms and the right to vote.
Potential Penalties for a Third DWI Offense
Since a third offense is a felony, instead of the county jail, prison time can range from 2 to 10 years in the Texas Department of Criminal Justice. A third DWI also comes with fines of up to $10,000, and a suspended license of up to two years. It's possible to get DWI probation here, which is considered a favorable outcome for a felony DWI, but it will still be added to your criminal record. Additionally, the state requires mandatory substance abuse treatment and an ignition interlock device.​
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This is an incredibly serious charge that comes with severe penalties, but we can work with you, prosecutors, and the courts to possibly reduce charges or explore a plea deal that can reduce prison time.
​Enhanced or Felony-Level DWI Charges
There are some cases of intoxicated driving that are enhanced charges or automatic felonies, even if it's your first time getting a DWI.
DWI with a Child Passenger
If you get a DWI with a child in the vehicle with you, it is an automatic felony charge. Law enforcement officers won't take this lightly, and we will go through the police report with a fine toothed comb. Penalties include up to two years in the Texas state prison system and up to $10,000 in fines. Other penalties might include mandatory ignition interlock device installation, CPS involvement, and it will appear on your record.
Intoxication Assault
Intoxication assault is defined as a DWI where someone suffers serious bodily injury. This is considered a third degree felony. Penalties include up to 10 years in prison, up to $10,000 in fines, and restitution to the victims. These charges can also be enhanced, and you can be charged with use of a vehicle as a deadly weapon.
Intoxication Manslaughter
If you are involved with a DWI that resulted in the death of another person, it's called intoxication manslaughter. This is a second-degree felony. Penalties include up to 20 years in prison, fines of up to $10,000, and a lifetime felony criminal record. These cases can be enhanced by extended parole ineligibility and a possible deadly weapon charge.
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In all of these enhanced charges, the state requires mandatory minimum sentences, and there is very little room for negotiating this. These charges are the most serious ones, and legal services are absolutely necessary.
Other Consequences of a DWI
In addition to everything above, there are other consequences that those charges with these crimes should be aware of. It doesn't matter if it's your first offense, or you have been charged with a felony DWI, there are more consequences besides jail and fines.
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First, many employers do background checks before they hire someone, and they may reject any candidate that has a DWI on their record. It's also possible that, if you have a professional or occupational license, that you could lose that license. These include licenses for nursing, teaching, driving, and more.
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Travel outside of the United States might also be more difficult. Some countries will not allow individuals with a DWI record to enter. Auto insurance rates also usually skyrocket following a DWI conviction. Finally, DWI charges are often used in child custody cases to try to indicate the person charged is a bad parent.
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At Sparks Law Firm, we offer a free case evaluation, and we can help you get the most positive outcome in any DWI case.
The DWI Legal Process
If you are arrested for DWI in Texas, it certainly will feel overwhelming, and you might not know what to do. As soon as possible, it's important to get an experienced DWI attorney to work with you. The legal process involves several steps, and each stages has deadlines, risks, and opportunities to build your case.
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​Here is a typical breakdown of the DWI process so you know what to expect.
The Initial Traffic Stop
The DWI legal process begins when a police offer pulls you over for either suspicious driving or a traffic violation. The officer will begin to look for signs of intoxication, which might include slurred speech, the odor of alcohol, bloodshot eyes, or behavior indicating intoxication such as speaking loudly, being unsteady on your feet, or rapid eye movements. If the officer sees these signs, he or she will ask if you are willing to perform field sobriety tests.
Field Sobriety Tests/BAC Testing/Blood Specimen
There are three main tests that Texas police officers will ask you to perform if they suspect you are intoxicated. They are: walk-and-turn, horizontal gaze nystagmus, and one-leg stand. You are not required by law to take a field sobriety test.
If you refuse the tests, or if the officer feels that you have failed the tests, the officer generally will ask if you will submit to a breathalyzer test. Again, you can refuse this test. In Texas, refusing a breath test will result in an automatic license suspension. Also, keep in mind that you will be given a statutory warning, or DIC-24, before the breath test or blood test is performed.
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If you do take the breath test, and you are over the legal limit, you will be arrested, and eventually likely charged with a DWI. Refusals can present legal opportunities—especially if your rights were violated.
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Remember, our job as a DWI attorney is to examine every part of this process to determine if it was done fairly, correctly, and that your rights were not violated in any way. Whether you take the test or not, we will explore every angle and build a defense around this.
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If you are arrested, the officer can also request a blood draw, which will also show blood alcohol content. If you refuse this, they will likely get a warrant. At this point, you cannot refuse any longer.
Arrest and Booking
If the officer determines you're intoxicated, you'll be arrested and taken to jail for booking. You will have to give fingerprints, get a mugshot taken, and your driver's license will be confiscated. Generally, you will be held at the police station or jail for several hours before getting released.
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By this point, you should have a DWI attorney working with you. The sooner you call Sparks Law Firm, the sooner we can get started building a defense strategy.
Arraignment - The First Court Appearance
The first court date, known as the arraignment, is when you will formally be charged with DWI, and you will have a chance to enter a plea. Almost every client we have will plea non-guilty at this stage, because we will need time to review your case and driving record, request evidence, and identify any type of procedural errors or constitutional violations.
Pretrial Motions and Negotiations
As Fort Worth criminal defense attorneys, we might file pretrial motions. These may include a motion to suppress evidence or a motion to dismiss the case due to lack of probable cause. We may also negotiate with the prosecutor to reduce charges, enter a plea agreement to avoid going to jail, and enroll you into a DWI education program.
Trial - If Necessary
We don't always go to trial, but in some cases, it is necessary. The case might be presented to a judge or a jury. During the trial, both sides, our side and the prosecutors, will present evidence, legal arguments, and witness testimony.
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In order to get a conviction, the prosecution must prove beyond a reasonable doubt that you were operating a motor vehicle while intoxicated in a public place. We will work hard to challenge this at every step of the way. If you are found not-guilty, your charges will be dismissed, and your record expunged.
Sentencing - If Convicted or Accepting a Plea
If you have been convicted of a DWI, or you have accepted a plea deal, you will be sentenced. These may include jail or prison time, fines, suspension of your driver's license, probation, community services, and/or alcohol education or treatment.
Appeals and Other Options
Even after sentencing, we can explore other options if we believe errors were made during the trial or if your rights were violated during the process. We can also do things like seal your record if you successfully complete probation or another program.
Is it Possible to Avoid Jail Time for a DWI?
Yes, in many cases you can avoid jail time for a DWI in Texas. However, you need an experienced DWI lawyer to help fight this criminal charge. Generally, if it's your first offense, and there are no aggravating factors like a high BAC or injuries, we can work with the prosecutors and courts to gain a favorable outcome. Texas does allow alternatives to jail, but you must have a strong defense in place.
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Here are some of the alternatives to jail when you are charged with a DWI:
Probation
Many times, if there is sufficient evidence to prove intoxication during a DWI stop, but it's a first time charge, judges in Texas will grant probation instead of jail. There are, however, strict conditions that must be followed.
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If you are given probation instead of a jail sentence, you will need to check in with an assigned probation officer on a regular basis. Judges also often assign community service to those on probation, and they might require alcohol or drug treatment.
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Probation generally lasts from 1-2 years, and you cannot have any arrests or traffic violations during that time. If any of the terms of probation are violated, jail time becomes a great possibility.
DWI Court Programs
In some Texas counties, including Tarrant County, there is an option for treatment in lieu of conviction. Typically, these are intensive treatment programs that are highly supervised and are designed to give repeat offenders, or those struggling with drug or alcohol dependence, an alternative to jail. With these programs, it's possible to avoid a lengthy jail sentence, get support from counselors and caseworkers, and offer structured rehabilitation.
Pretrial Diversion
In Tarrant County, it's also possible for first time offenders with no prior criminal history to enter into a pretrial diversion program. If accepted into this type of program, it's possible to get the case dismissed following the successful completion, and you can avoid having anything on your record. Typically, these programs require completing a DWI education class, doing community service, and keeping a clean record.
Reduced Charges
A Fort Worth DWI lawyer from our team can also possibly negotiate your case down to a lesser offense like reckless driving or obstruction of a highway. These are lighter penalties, and do not include mandatory jail time. To do this, we might have to prove mitigating circumstances, take a plea bargain, or create reasonable doubt.
Challenge the Evidence
The absolute best way to avoid jail time is to challenge the evidence. With a strong legal defense, the case might be dismissed or you will be found not-guilty. At Sparks Law Firm, we can create several different defense strategies to help clients.
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We can challenge the legality of the traffic stop
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We can challenge the accuracy of a breath test or blood test results or the legality of getting a breath test or blood sample
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We can challenge how field sobriety tests were handled
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We can challenge the police officer's observations
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We can challenge procedural methods
Even if there is a lot of strong evidence, all is not lost. We can always find legal defense strategies that can improve your outcome. Each DWI case is different, and we cater your defense to the details of your case.
Special Cases with DWI Arrests
Underage DWI Arrests
In Fort Worth, and throughout Texas, there is a zero tolerance policy for drivers under the age of 21 who are arrested for DWI. This means that if alcohol is detected, even at a minuscule level, there could be a DWI charge. Penalties for an underage DWI include a suspended license, community service, fines, alcohol awareness classes, and a permanent criminal record. Getting a DWI at a young age can totally derail a future that is otherwise promising. Sparks Law Firm has helped many minors and college students fight against DWI charges.
CDL Holders and DWI
Those who have a commercial driver's license, CDL, have different rules in regard to DWI in Texas. The law states that your CDL will be suspended if you have a BAC of 0.04%, which is much lower than the legal limit for everyone else, which is 0.08%.
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You can lose your CDL in these cases, and there could be permanent consequences, including having difficulty finding employment as a driver in the future.
Administrative License Revocation Hearing
For those recently arrested for DWI, there are some other things to keep in mind. First, you should know that your license is already at risk from the moment you are arrested. According to Texas code, we have 15 days from the date of your arrest to request an administrative license revocation hearing. This is a hearing held with the Texas Department of Public Safety, and that's where we will fight for your right to have driving privileges while the case is being worked on.
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Sparks Law Firm will represent you at this hearing, and we may do things like cross examine the arresting officer, uncover other details about your case, and get more evidence for your defense.
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This is an important step of the process, and we will work hard to get your driving privileges restored as soon as we can.
Why Choose Sparks Law Firm as Your Fort Worth DWI Lawyer?
There are many reasons to choose Sparks Law Firm as your chosen DWI lawyer in the Dallas Fort Worth area. Here are some of them:
We Have Proven Results
Over the years, we have helped hundreds of clients avoid jail time, and help our clients keep their licenses, even when charged with DWI. We also have hundreds of reviews on Google, and we invite you to read those before you work with us.
We Have Local Experience
The attorneys at Sparks Law Firm has been working tirelessly for years here in Fort Worth, TX. Because of this, we know and understand how the local court system works, and we have personal relationships with the prosecutors and judges in the county.
We Use Aggressive Defense Strategies
Our goal in every case is to use aggressive defense strategies to help our clients. A criminal case will never have a good outcome if the defense lawyers don't work in an aggressive way against the prosecution.
We are Accessible and Honest
If you have read our reviews, you will see that hundreds of people have commented on how our firm has excellent communication with our clients and their families. We will keep you informed at every step of the way.
We Offer a Free Consultation of Your Case
To make an arrest, an investigator must have what is known as probable cause. Most Fort Worth DWI lawyers are solely concerned with their client's results in field sobriety tests. However, the findings of field sobriety tests are often thrown out because the policeman conducted the test incorrectly.
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If a court of law is to rely on the results of these tests, it's vital to obtain them properly. Furthermore, one person's "normal" can vary from another's depending on a variety of circumstances such as the time of day, their quality of sleep, and previous or current medical issues — none of which the policeman considers in the field.
Justin was my lawyer for a case I had with Tarrant County. He was very responsive, professional, and helped us sooo much! I ended up having everything dismissed. Definitely highly recommend!
- Payton R.
I cannot say enough good things about this law firm! They took care of me and immediately started working my case. They knew exactly what to do as soon as I told them my story.
- Alana B.
What to Do Right Now If You've Been Arrested for DWI in Fort Worth
If you have been arrested for DWI, the first thing you should do is not talk to the police, and instead, call Sparks Law Firm. The sooner we can meet with you and talk about your case, the better the outcome can be. We will quickly jump to action, and begin gathering evidence for your case. We will also request an ALR hearing within 15 days, and start building your defense. We highly recommend to keep all details of your case to yourself until you speak with a member of our team.
During every step of the DWI process, there are opportunities to build a defense against the charges. This is why it's so important to reach out to us to talk to a DWI attorney. This gives you the best possible chance to avoid jail, avoid a driver's license suspension, reduce your charges, and protect your criminal record.
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Just because you have been arrested for DWI, that doesn't mean you will be convicted of a DWI. We are highly skilled DWI attorneys, and we can do a lot to help your case following a DWI arrest. For instance, we will closely review the legality of the DWI stop and arrest. We can also challenge the results of both breath and blood tests. Another option is to study police procedure and uncover errors, or look into equipment calibration errors. Our team will also work with you to negotiate alternatives to jail or reduce charges. We will also represent you in court appearances.
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Every case that prosecutors bring against suspects has holes, and it's out job to find them.
Contact a Fort Worth DWI Lawyer Today - Sparks Law Firm
You don't have to face a DWI charge by yourself. At Sparks Law Firm, we have a strategic, aggressive, and personalized approach to helping clients, just like you, defend your rights and your future. It doesn't matter if this is your first DWI, or you are facing felony charges, we are here to help guide you through the court system and defend you in the best ways we can.​
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We are ready to fight for you. Call for a free consult at (817) 334-0300 or fill out the form here on our website.