How Is "Intoxicated" Defined in Texas?

Per TX DOT your re intoxicated when your blood alcohol concentration is .08% or higher. Including if the use of drugs or alcohol affect your ability to drive. This includes flying or boating.

What are the Penalties for DWI in Fort Worth?

The best way to realize what type of penalties you are facing, is by speaking with an attorney who understands how DWI's are handled in the local court systems. Normally, penalties for DWI are based on your specific case, and your blood alcohol level at the time of arrest, including previous DWI's on your record or if you had an accident. Fines, jail time and penalties below for DWI in the state of Texas: First DWI – Even your first Texas DWI is a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 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. Second DWI – Your second DWI 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. Third DWI – 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.

Fort Worth DWI Lawyer - 20 Yrs Exerience

By Jeff Kennedy

Award Winning DWI Defense 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.

DWI Lawyer Jeff C. Kennedy

Jeff C. Kennedy is an award winning DWI lawyer with 28+ years of experience . He has successfully defended hundreds of DWI cases. With results ranging from DWI dismissals, reduction of charges, and not guilty verdicts. As a trial lawyer, he has successfully taken many DWI cases to trial, ranging from misdemeanor to intoxication manslaughter felony charges.

With Jeff C. Kennedy on your case, you gain a skilled, knowledgeable and experienced DWI trial attorney with the experience you need to avoid a conviction, and build a strong defense for your DWI charge.

He represents clients charged with driving while intoxicated in Fort Worth, Arlington, North Richland Hills, Tarrant County, and surrounding counties.

Below you will find an overview of 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.

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Law Offices of Jeff C. Kennedy, PLLC
301 W Vickery Blvd Suite #101
Fort Worth, TX 76104
(817) 605-1015
Hours:Open 24/7
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Defending DWI Charges in Fort Worth

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.

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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.

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.

DWI Penalties, Fines and Jail Time In Texas

Consequences of a DWI charge 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.
- Classification: Class B Misdemeanor
- Punishment: 3-180 days in jail, up to a $2,000 fine.

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)

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.

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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?

It is possible for a first-time DWI offender to face up to 1 year in jail for their first offense. Generally, it depends on your criminal history, and what happened. This is why it is vital for you to hire a criminal defense attorney who has defended DWI charges their entire career.

Do I have to be driving to get a DWI?

In Fort Worth Texas, a DWI charge does not require the individual to be driving the vehicle when arrested. You can be charged for a DWI while in control of a stationary vehicle, while in the drivers seat and keys in the ignition.

What is the legal definition of a DWI in Fort Worth, Texas?

In Texas "Driving While Intoxicated" refers to the operation of a motor vehicle while under the influence of alcohol or drugs, while normal mental or physical faculties are impaired, or while having a blood alcohol concentration (BAC) of 0.08 or higher.

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.

What’s An ALR Hearing In A DWI Case?

An ALR (Administrative License Revocation) hearing is a civil administrative proceeding, which occurs separately from the DWI criminal court process. 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.

How Likely Is Jail Time For Someone’s 1st DWI?

Jail time for a 1st DWI offense in Fort Wort is reliant on several factors, which include criminal history, and aggravating factors. Most will normally face probation, community service, or alcohol related education programs if there were not other factors involved with the DWI charge.

How Much Does a DWI Lawyer Cost?

Unfortunately you cannot put a dollar amount to a DWI Case. This is because every case is so different from another. For example , a case that goes to trial might cost 2-3 times a case that does not. We can promise you that although we are not the cheapest, we are also not the most expensive lawyer for DWI’s in Tarrant County. When you choose a DWI lawyer, it is best to look for the best and not the cheapest. You get what you pay for, and you do not want your DWI to turn into a horrible ordeal, which makes you and your families lives harder.

What If My Drunk Driving Caused A Car Accident?

In this situation, you could be charged with intoxication assault, a third-degree felony offense. If someone died in the crash, you could instead be charged with intoxication manslaughter, a more serious crime.

Can A Minor Be Charged With A Dwi In Texas?

Yes, anyone under the age of 21 who is found in possession of alcohol, any amount of alcohol in their system, and those aged 17 and older with a BAC of .08 or greater can expect to face legal penalties including license suspension, jail time, community service, alcohol-awareness classes, and fines.

Should I Accept A Please Agreement?

You should never accept a plea agreement without first reviewing it with your DWI lawyer in Fort Worth. Your lawyer may be able to negotiate with the prosecutor to get your charges reduced or dropped so the DWI charge or conviction does not remain on your criminal record.

How Does A DWI Case Get Dismissed in Texas?

Just like any other criminal charge, the prosecution must prove that you were intoxicated while operating a motor vehicle (car, boat, plane). Regardless, dismissals are very rare in TX court, instead we had many acquitted, and or reduced.

How Long Does A DWI Stay On My Record In Texas?

Unfortunately it stays on your record forever. Only if the charge was missed, can you become eligible for removal / deletion via expunction of records. If you were convicted, a DWI may be sealed through a processed called “order of nondisclosure”.

What Type Of Evidence Do We Look At When Trying To Beat A DWI Charge?

An experienced DWI lawyer will look at everything starting with the police report to field sobriety tests, breathe, and blood tests. With a goal of realizing whether the tests were done properly or was the equipment calibrated. Including police recordings like dash cams and cameras worn by the police officer.

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Fort Worth DWI Lawyer