Fort Worth DWI Attorney

Fort Worth DWI & DUI Defense

Fort Worth DWI Attorney — Experienced DWI Defense Lawyers

Were you recently arrested for a DWI or DUI in Fort Worth, TX? As a top-rated Fort Worth DWI lawyer, Cole Paschall Law understands that facing DWI charges can be life-altering — with the threat of losing your license, paying hefty fines, and even jail time. Remember, an arrest doesn’t have to lead to a conviction. Call our Fort Worth criminal defense office at 817-477-4100 for a free case evaluation. Whether you need a DUI lawyer in Fort Worth or an experienced DWI defense attorney, we are here to offer you the strongest defense strategy to challenge these charges.

With a combined experience of over 50 years, our legal team has a profound understanding of the complexities involved in DWI cases in Tarrant County. Our expertise isn’t just limited to DWI cases — we handle a range of criminal defense areas, including domestic violence, theft charges, drug crimes, assault and battery, sex crimes, serious felonies, and more.

A DWI charge in Fort Worth doesn’t have to define your future. As a dedicated Fort Worth DWI lawyer, our firm has helped hundreds of clients fight DWI and DUI charges throughout Tarrant County. Schedule a free consultation with our Fort Worth office today to explore your legal options and craft a strategy tailored to your situation.

In Fort Worth, DWI cases are a serious matter, rigorously prosecuted by authorities well-versed in DWI laws. Facing such charges requires an equally formidable defense, and that’s where Cole Paschall Law steps in. Our legal team is not just experienced but also deeply knowledgeable about Texas DWI laws, ensuring you have the robust representation you need.

Why Hire Cole Paschall Law as Your Fort Worth DWI Lawyer?

At Cole Paschall Law, we bring more than 50 years of collective legal experience to the table. Our attorneys are not just skilled practitioners; they are also recognized for their expertise in criminal law with a 10.0 Avvo ranking and Shawn Paschall’s board certification.

When you engage Cole Paschall Law for your DWI defense, here’s what you can expect from our team:

• Thorough Investigation: We conduct a detailed investigation into your DWI arrest, scrutinizing every aspect from the traffic stop to the evidence collection.
• DMV Hearings Representation: We act swiftly to request a DMV hearing, aiming to prevent or delay the suspension of your driver’s license.
• Evidence Analysis: Our team meticulously examines the prosecution’s evidence, identifying weaknesses and inaccuracies that can be pivotal to your case.
• Evidence Gathering for Your Defense: We collect and compile evidence that supports your innocence, from surveillance footage to witness statements.
• Expert Consultations: Where necessary, we bring in forensic experts, medical professionals, and other specialists to provide testimony and insights that bolster your defense.
• Negotiation with Prosecutors: With a strategic approach, we negotiate with prosecutors, aiming to have the charges reduced or, where possible, the case dismissed.

Our primary objective at Cole Paschall Law is to achieve the best possible outcome for your case. Whether it’s fighting for a dismissal, negotiating for reduced charges, or representing you in court, we are committed to providing you with the skilled legal defense you deserve.

If you or a loved one is facing DWI charges in Fort Worth, don’t hesitate to reach out to us. As a trusted Fort Worth DWI lawyer and DUI defense attorney, Cole Paschall Law offers a free initial consultation — a risk-free opportunity to understand your legal options and how we can assist you. Call us today at 817-477-4100 for expert legal advice and dedicated defense.

Overview of the DWI Laws in Texas

In Texas, driving while intoxicated (DWI) by drugs or alcohol is a serious criminal offense. Texas law defines DWI offenses and their consequences under the Texas Penal Code and the Texas Transportation Code.

In Texas, DWI laws are primarily outlined under Section 49.04 of the Texas Penal Code. The law makes it illegal to:

• Drive While Intoxicated: Operating a motor vehicle in a public place while intoxicated is prohibited. Intoxication is defined as not having the normal use of mental or physical faculties due to the consumption of alcohol, a controlled substance, a drug, a dangerous drug, or a combination thereof.
• Driving with a Prohibited BAC: In Texas, it’s illegal to drive with a BAC of 0.08% or higher. This is often referred to as “per se DWI.”

Key aspects of Texas DWI Laws:

• BAC Levels: For drivers 21 years and older, a BAC of 0.08% or higher is illegal. For commercial drivers, the limit is 0.04%. Texas enforces a “zero-tolerance” law for drivers under 21, meaning any detectable amount of alcohol is illegal.
• DWI with Drugs (DUID): Similar to alcohol, driving under the influence of drugs (prescription, over-the-counter, or illegal) is also illegal and carries similar punishments.
• Implied Consent Law: Texas law stipulates that if you drive on Texas roads, you have implicitly consented to chemical testing. Refusal can lead to automatic license suspension and other penalties.
• Penalties: DWI penalties in Texas vary depending on factors like BAC level, number of offenses, and whether a minor was present in the vehicle.

What Are the Penalties for a DWI in Fort Worth, Texas?

Being charged with a DWI in Fort Worth can lead to serious legal consequences. The penalties vary based on factors like the severity of the offense, the driver’s BAC, and any prior DWI convictions.

First DWI Offense:

• Fines up to $2,000
• 3 to 180 days in county jail
• License suspension for up to 2 years
• Annual surcharge of up to $2,000 for 3 years
• Mandatory DWI education class
• 24 to 100 hours of community service

Second DWI Offense:

• Fines up to $4,000
• 30 days to 1 year in county jail
• License suspension for up to 2 years
• Mandatory DWI intervention program
• 80 to 200 hours of community service

Third DWI Offense:

• Fines up to $10,000
• 2 to 10 years in the Texas Department of Criminal Justice
• License suspension for up to 2 years
• 160 to 600 hours of community service

What Defenses Can Be Raised for DWI Charges in Texas?

There are several defense strategies that can be employed in a DWI case:

1. Questioning the Legality of the Traffic Stop: Law enforcement must have a valid reason for the initial traffic stop. If the stop was made without proper legal justification, it could be a strong defense point.
2. Challenging Field Sobriety and Breathalyzer Tests: Field sobriety tests and breathalyzer tests are not infallible. Factors like medical conditions, improper administration of tests, or faulty equipment can lead to inaccurate results.
3. Medical Conditions and Other Influences: Certain medical conditions can mimic signs of intoxication or affect breathalyzer results.
4. Rising Blood Alcohol Concentration: BAC levels can continue to rise after driving. Your BAC at the time of driving may have been lower than at the time of testing.
5. Procedural and Rights Violations: If your rights were violated during the arrest process, such as not being read your Miranda rights, this can be used in your defense.
6. Lack of Evidence or Contradictory Evidence: If the prosecution’s evidence is weak or contradictory, it can significantly strengthen your defense.
7. Expert Testimony: Bringing in forensic toxicologists, medical experts, or accident reconstruction specialists can provide valuable insights and testimony to support your case.

DUI vs. DWI in Fort Worth: What’s the Difference?

Understanding the distinction between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) is crucial, especially in Texas.

• DWI Explained: In Texas, DWI refers to operating a motor vehicle in a public place while lacking the normal use of mental or physical faculties, or having an alcohol concentration of 0.08 or more.
• DUI Defined: DUI typically applies to drivers under the age of 21 who are operating a vehicle with any detectable amount of alcohol in their system, under Texas’s zero-tolerance policy.

The DWI Process in Texas: Step by Step

Understanding the DWI legal process in Tarrant County helps you know what to expect at every stage. Here is how a typical Fort Worth DWI case proceeds from start to finish:

Step 1: The Traffic Stop and Arrest

A DWI case begins when a law enforcement officer pulls you over, typically for a traffic violation or erratic driving. The officer will observe your behavior, ask questions, and may request field sobriety tests or a breath or blood test. If the officer believes you are intoxicated, you will be placed under arrest, transported to a Tarrant County facility, booked, and photographed. You will receive a notice of license suspension from the Texas Department of Public Safety, which triggers a separate administrative process.

Step 2: Arraignment

Within 48 hours of your arrest, you will appear before a magistrate judge for arraignment. At this hearing, the judge reads the formal charges against you, sets bail conditions, and informs you of your rights. This is also when bond is typically set. Having a Fort Worth DWI attorney present at arraignment can help secure favorable bond conditions and begin building your defense immediately.

Step 3: ALR Hearing (Administrative License Revocation)

You have only 15 days from the date of your arrest to request an ALR hearing with the Texas Department of Public Safety. If you fail to request this hearing, your license will be automatically suspended. At Cole Paschall Law, we immediately file for this hearing to protect your driving privileges while your criminal case is pending.

Step 4: Pre-Trial Phase

The pre-trial phase is where the bulk of your defense is built. Your Fort Worth DWI lawyer will file discovery motions to obtain all evidence the prosecution plans to use, including dashcam footage, body camera video, breath or blood test results, and officer reports. We may file motions to suppress evidence that was obtained unlawfully. Pre-trial conferences with the judge and prosecutor occur during this phase, and plea negotiations often take place here as well.

Step 5: Trial

If your case does not resolve through negotiation, it proceeds to trial in a Tarrant County court. You have the right to a jury trial. The process includes jury selection (voir dire), opening statements, presentation of evidence by the prosecution and defense, cross-examination of witnesses, closing arguments, and finally the jury’s verdict. If found not guilty, the case ends. If convicted, sentencing follows.

Step 6: Sentencing and Post-Conviction

If convicted, the judge will impose sentencing based on the offense level and circumstances. Depending on your case, options such as probation, deferred adjudication, or record sealing may be available. Cole Paschall Law continues to advocate for clients after trial, including filing appeals when appropriate through our appeals practice.

Alternative Options for DWI

Texas offers several alternative options for DWI cases that may help you avoid the harshest penalties:

• Diversion Programs: Some first-time offenders may qualify for diversion programs that can result in reduced charges or dismissal upon successful completion.
• Probation: Instead of jail time, probation may be an option, allowing you to remain in the community under certain conditions.
• Deferred Adjudication: This allows you to plead guilty or no contest, but the judge defers the finding of guilt. If you successfully complete the terms, the charge may be dismissed.