Dallas DWI Defense Attorney
Board-certified. Former judge. A DWI arrest starts a 15-day clock on your license — we move fast.
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Last Updated: June 2026 · Board Certified in Criminal Law · Former Judge · Former Prosecutor
A DWI arrest in Dallas County sets two cases in motion at once: a criminal case in the County Criminal Courts at the Frank Crowley Courts Building, and a separate civil license case with the Texas Department of Public Safety. You have just 15 days from the date of arrest to demand an Administrative License Revocation (ALR) hearing — miss it and your license is suspended automatically. At Wyde & Associates, a board-certified criminal defense attorney and former judge handles both fronts from day one.
In short: Under Texas Penal Code § 49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated — meaning a blood or breath alcohol concentration of 0.08 or higher, or the loss of normal mental or physical faculties due to alcohol or any drug. A first offense is a Class B misdemeanor; the charge escalates quickly with priors, a high BAC, a child passenger, or injury.
"Intoxicated" does not require a breath or blood test result — an officer's observations of slurred speech, unsteady balance, or poor field-sobriety performance can support a charge. Texas treats DWI (21 and over) differently from DUI, which applies to minors under the Alcoholic Beverage Code for any detectable alcohol.
In short: A first DWI is a Class B misdemeanor (up to 180 days in jail and a $2,000 fine). A second is a Class A misdemeanor; a third is a third-degree felony carrying 2–10 years in prison. A high BAC, a child passenger, or causing injury or death raises the stakes dramatically.
| Offense | Classification | Jail / Prison | Max Fine* | License Suspension |
|---|---|---|---|---|
| First DWI | Class B misdemeanor | 72 hours – 180 days | $2,000 | 90 days – 1 year |
| First DWI, BAC ≥ 0.15 | Class A misdemeanor | Up to 1 year | $4,000 | Up to 1 year |
| Second DWI | Class A misdemeanor | 30 days – 1 year | $4,000 | 180 days – 2 years |
| Third DWI | Third-degree felony | 2 – 10 years | $10,000 | 180 days – 2 years |
| DWI w/ Child Passenger | State jail felony | 180 days – 2 years | $10,000 | Up to 2 years |
| Intoxication Assault | Third-degree felony | 2 – 10 years | $10,000 | Varies |
| Intoxication Manslaughter | Second-degree felony | 2 – 20 years | $10,000 | Varies |
*Texas also imposes a separate annual "super fine" of $3,000–$6,000 on certain convictions and other statutory court costs. Penalties reflect general Texas law and can vary by case; this is not legal advice.
In short: The ALR case is a civil action to suspend your license, completely separate from the criminal charge. You must request an ALR hearing within 15 days of arrest or the suspension takes effect by default. If your license is suspended, an Occupational Driver's License (ODL) petition under Transportation Code ch. 521 can get you driving again for work, school, and essential needs.
The ALR hearing is also a valuable discovery tool — it lets your attorney cross-examine the arresting officer under oath months before trial, locking in testimony and exposing weaknesses in the stop, the field-sobriety testing, or the breath/blood procedure.
In short: Stay silent beyond identifying yourself, preserve evidence, calendar the 15-day ALR deadline, and call a board-certified attorney before you speak to anyone about the case.
In short: Strong DWI defenses attack the legality of the stop, the administration and scoring of field-sobriety tests, the maintenance and operation of the breath instrument, and the chain of custody and timing of any blood draw.
Was there reasonable suspicion for the stop and probable cause for the arrest? Were the standardized field-sobriety tests administered to NHTSA standards? Was the Intoxilyzer properly calibrated, and was the 15-minute observation period observed? Was the blood drawn by qualified personnel, stored correctly, and tested without contamination? Each question can be the difference between a conviction and a dismissal or reduction.
Arrested for DWI in Dallas County? The 15-day license clock is already running.
Request a Free Case Review Call (214) 521-9100In short: Dallas County misdemeanor DWIs are handled in the County Criminal Courts at the Frank Crowley Courts Building, prosecuted by the Dallas County District Attorney's Office. Eligible first-time offenders may qualify for the county's DIVERT pre-trial diversion program, which can lead to a dismissal and eligibility to seek an expunction.
Dallas pioneered DIVERT (Direct Intervention using Voluntary Education, Restitution and Treatment) for qualifying first-time DWI defendants. Completion can result in dismissal — and, critically, an opportunity to clear the record. Felony DWIs and intoxication-offense cases move to the district courts, where trial preparation and expert review of the State's evidence matter most.
In short: A DWI conviction generally cannot be expunged in Texas. But a case that ends in dismissal, acquittal, or successful completion of DIVERT may be eligible for an expunction, and certain deferred-adjudication outcomes may qualify for an order of nondisclosure. The disposition is everything — which is exactly why early defense work matters.
If your case is dismissed or you complete a qualifying diversion program, our team can guide the record-clearing step. Learn more about criminal record clearing in Texas and how FCRA coordinated clearance ensures background-check databases are corrected after a court order.
In short: Fewer than 10% of Texas attorneys are board certified in any specialty. Dan Wyde is board certified in Criminal Law, a twice-elected Criminal Court Judge, and a former prosecutor — so he understands how the State builds a DWI case and how to take it apart.
| Wyde & Associates | Generalist Attorney | Court-Appointed | Plea Without Counsel | |
|---|---|---|---|---|
| Board Certified, Criminal Law | Yes | Rarely | Rarely | No |
| Former Judge & Prosecutor | Yes | No | No | No |
| Handles ALR + criminal case | Both | Sometimes | Criminal only | Neither |
| Flat-fee written quote | Yes | Varies | N/A | N/A |
| Direct attorney access | Yes | Varies | Limited | None |
Talk to a board-certified former judge before you talk to anyone else.
Request a Free Case Review Call (214) 521-9100In Texas, DWI applies to anyone 21 or older operating a vehicle while intoxicated — a BAC of 0.08 or higher or loss of normal faculties from alcohol or any drug. DUI is a separate offense under the Alcoholic Beverage Code that applies to minors who drive with any detectable alcohol. The penalties, defenses, and license consequences differ significantly.
Possibly, but not automatically. You have 15 days from arrest to request an Administrative License Revocation (ALR) hearing. Miss that deadline and your license is suspended by default. If your license is already suspended, an Occupational Driver's License petition can get you driving again for work, school, and essential needs.
No. A first DWI is a Class B misdemeanor (or Class A if your BAC was 0.15 or higher). DWI becomes a felony on a third offense, when a child passenger is present, or when the incident causes serious injury (intoxication assault) or death (intoxication manslaughter).
Yes, it's possible. A dismissal, acquittal, or successful completion of Dallas County's DIVERT program can make the case eligible for expunction. Some deferred-adjudication outcomes may qualify for an order of nondisclosure. A conviction, however, generally cannot be expunged — which is why early defense strategy is critical.
It depends on the charge level, the county, the complexity, and whether the case goes to trial. We quote flat fees in writing before any retainer, so there are no hourly surprises. Initial consultations are free.
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