By Jeff Kennedy
Award Winning DWI Defense Attorney In Fort Worth and Tarrant County
Were you arrested for a DWI in Fort Worth? A DWI in Texas can have life altering consequences. From fines to jail time, it is imperative to find a DWI lawyer in order to avoid a conviction.
Jeff C. Kennedy is an award winning Fort Worth DWI lawyer with 28+ years of experience . He has successfully defended thousands of DWI cases in Tarrant county and surrounding areas.
With a majority of DWI case results being DWI dismissals, reduction of charges, and not guilty verdicts. As a trial lawyer, he has successfully taken many DWI cases to trial, including intoxication manslaughter felony charges. View Some Of Our Case Results Here
With Jeff C. Kennedy on your case, you gain a skilled, knowledgeable and experienced DWI lawyer with the experience you need to avoid a conviction, and build a strong defense for your DWI charge.
Our law firm represents clients charged with driving while intoxicated related charges in Fort Worth, Arlington, North Richland Hills, Tarrant County, and surrounding counties.
Below you will find an overview of the DWI court process, DWI laws in Texas, types of DWI defense strategies, DWI penalties, and what to expect if it’s your first, second or third DWI charge. Including examples of how a DWI case can be dismissed, and what a DWI conviction can do to your life.
The DWI Process From Start to Finish
From your arrest to potential trial, it’s important to understand the procedures that occur from start to finish. Below is a detailed step by step understanding of what occurs from the day you were charged until the final result.
- Arrested and charged with a DWI : The arresting officer will inform you of your charges, and read you your rights. This is the step where an attorney recommends the accused stay silent in order to avoid self incrimination.
- Booking: You will be taken to the police station, and during this phase. you will be booked (Fingerprints, pictures etc..)
- Evidence: During the booking process, the officer may request a blood sample or breath test.
- Arraignment: This will be your first appearance which is a quick appearance, which normally occurs the day after your arrest. Your charges will be presented to you, and the judge will set bail.
- Getting out of jail
- Cash bond: This option entails paying the full amount of your bail to get out of jail. Your cash will be returned once your case has finalized.
- Bail bondsman: a bail bondsman will charge a fee or percentage of the bail amount to cover your bail for you. This is non refundable. It is a fee that the bail bondsman charges in order to take on the risk that you might not show up in court. If you do not show in court, the bail bondsman will not get his cash back.
- Personal recognizance: The judge may grant a PR based on your criminal history, social standing and the nature of your offense.
- Court: There are numerous steps and court appearances. If you have a DWI attorney, they will represent you through out the entire case.
- Negotiating a plea bargain. This is the step where your attorney can achieve a case dismissal or reduction of charges. This is why you want to find a talented and experienced DWI Lawyer in the county where you were charged.
- Trial: If your case goes to trial, the steps will entail jury selection, cross examination of witnesses, presenting evidence and arguments are presented. Your attorney will try to create reasonable doubt.
- Determination: You can be found innocent, acquitted or convicted. If you are acquitted or found innocent, the case is closed. If you are convicted, the judge will schedule a court date, where you will be sentenced. Sentencing is where the judge will take into consideration your criminal history, severity of the offense and any other aggravating or mitigating circumstances.
ALR Hearing – Save Your License
Contact us if you have been charged with a DWI. You only have 15 days from the date of your arrest to schedule an ALR hearing (Administrative License Revocation Hearing). If you do not schedule this hearing and have representation, your license will likely be revoked.
An ALR (Administrative License Revocation) hearing is a civil administrative proceeding, which occurs separately from the DWI criminal court process above. An ALR hearing (By the Texas Department of Public Safety / DPS) determines if a driver’s license should be suspended.
The person charged can contest the suspension of their license, and present evidence for their defense. This is something that a DWI attorney can help you with, and especially if you need to get back and forth from work or have other responsibilities which require a license.
DWI Defense Strategies
Facing a DWI charge can be stressful, but with Jeff C. Kennedy on your case, you can rest assured that your DWI is being handled with the utmost care and expertise. Jeff will challenge evidence, explore every legal avenue, and ensure that your rights are fiercely defended every step of the way.
Although every DWI case is different, these are the most common strategies that can be employed in your defense.
- Challenging the officer’s reasonable suspicion for the stop.
- Questioning the officer’s probable cause for the arrest.
- Scrutinizing the administration of field sobriety tests.
- Contesting the validity of breath or blood tests.
- Highlighting any inaccuracies or false information in search warrants.
- Leveraging expert testimony to challenge intoxication timing.
- Asserting lack of proof beyond a reasonable doubt.
GET A FREE STRATEGY SESSION WITH DWI ATTORNEY JEFF C. KENNEDY
DWI Penalties, Fines and Jail Time in Texas
Consequences of a DWI charge in Tarrant County can range from a misdemeanor to state jail felony. The penalties can include probation, suspension of a driver’s license, hefty fines, alcohol education programs, or jail time.
Your best option is to find a skilled and knowledgable attorney that is familiar with the Tarrant county court systems and DWI law. Someone with the experience needed to understand what penalties, fines or jail time you might be facing in the county where you were charged.
Below are the fines, jail time and penalties for DWI charges in the state of Texas. Keep in mind these are based on the specifics of your case, blood alcohol level at the time of arrest, previous DWI’s on your record or if there was an accident
- 1st Offense DWI: A first time DWI charge is a Class B misdemeanor, punishable by up to 180 days in jail and a $4,000 fine. Your license will also be suspended for a year, and you will have to pay a three-year license retention fee of up to $2,000.
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- Classification: Class B Misdemeanor
- Punishment: 3-180 days in jail, up to a $2,000 fine.
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- 1st Offense DWI with an Open Container:
- Classification: Class B Misdemeanor
- Punishment: 6-180 days in jail, up to a $2,000 fine.
- 1st Offense DWI with a BAC .15 or Higher:
- Classification: Class A Misdemeanor
- Punishment: 0-365 days in jail, up to a $4,000 fine.
- 2nd Offense DWI (Repeat Offender): A second DWI charge is a Class A misdemeanor, punished by up to two years in jail and a $4,000 fine. Your license will be suspended for two years, and you may have to pay a three-year license retention fee of up to $2,000.
- Classification: Class A Misdemeanor
- Punishment: 30-365 days in jail, up to a $4,000 fine.
- DWI with a Child Passenger:
- Classification: State Jail Felony
- Punishment: 180 days – 24 months in state jail, up to a $10,000 fine.
- 3rd or more Felony Repetition: Your third or subsequent DWI will likely be classified as a third-degree felony. The penalty is between two and ten years in prison, as well as a fine of no more than $10,000. Your license will be suspended for two years, and you may have to pay a three-year license retention fee of as much as $2,000.
- Classification: 3rd Degree Felony
- Punishment: 2 – 10 years in the Texas Department of Criminal Justice – Institutional Division (penitentiary), up to a $10,000 fine. Despite similar circumstances, Felony Repetition is notably different from a misdemeanor DWI.
If your DWI includes an injury, fatality or accident, the state can add additional charges.
- Failure to Leave Information (ranging from a class C to a Class A misdemeanor)
- Failure to Stop and Render Aid (2nd or 3rd degree felony)
- Intoxicated Assault (3rd degree felony)
- Intoxicated Manslaughter (2nd degree felony)
- Aggravated Assault with a Deadly Weapon (2nd degree felony)
Why You Need To Avoid A DWI Conviction
When you choose an attorney for a DWI charge, you want them to fight on your behalf and pick apart the charges against you. An attorney that will pick apart the DWI charge from the moment of your arrest until the hearing. They should be looking for any opportunity to have your case dismissed, acquitted, or reduced.
When you are facing a DWI charge, Jeff C. Kennedy has the skill, know-how, and experience to avoid a conviction.
- Severe Legal Penalties: The legal consequences for a guilty verdict can be substantial, depending on the circumstances of your DWI. We’re talking about substantial fines, jail or prison time, license revocation, installation of an ignition interlock device, completion of a drug or alcohol rehabilitation program, and other penalties.
- Damage to Your Driving Record: Even if you are fortunate to get through your legal penalties relatively unscathed, your driving record will reflect your conviction for years to come. That means increased car insurance premiums difficulty obtaining employment.
- A Criminal Record That Haunts You: A DWI conviction will likley remain on your criminal record indefinitely. This can influence your ability to find work, housing, and obtain financial assistance for educational opportunities, as your conviction will be readily available to anyone who may need to perform a background check on you.
Schedule A Free DWI Case Review With Jeff C. Kennedy Today
Jeff has the experience to achieve the best outcome for your specific case. More importantly, he has handled DWI Cases for decades in the Fort Worth and surrounding areas in Tarrant County. He knows the law, and he knows the court systems. Call today for a free case evaluation.
Law Offices of Jeff C. Kennedy, PLLC
301 W Vickery Blvd Suite #101
Fort Worth, TX 76104
(817) 605-1015
Hours:Open 24/7
FREQUENT QUESTIONS WE ARE ASKED ABOUT DWI CHARGES
Whether this is the first time you have been arrested for a DWI or you are a habitual offender, you likely have questions about what’s going to happen next. Check out the quick FAQ below to get answers to some of the most commonly asked questions former DWI clients have had.
Am I going to jail for a first time DWI in Texas?
Do I have to be driving to get a DWI?
What is the legal definition of a DWI in Texas?
Texas Penal Code 49.04 Driving While Intoxicated (DWI)
- (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
- (b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
- (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
- (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.