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Keller and Southlake water towers with HLAW Law Firm logo and text: What to expect if you’re stopped for DWI in Southlake or Keller, Texas.

What to Expect if You’re Stopped for DWI in Southlake or Keller, Texas

By Jason H. Howard · DWI

Keller and Southlake water towers with HLAW Law Firm logo and text: What to expect if you’re stopped for DWI in Southlake or Keller, Texas.
🚔 Pulled over for DWI in Keller or Southlake? Learn what police look for, where stops often happen, and how our local defense lawyers can protect your rights.

If you live in Keller or Southlake, Texas, you already know these communities take pride in safety, order, and reputation. That’s why local police departments invest significant resources into DWI enforcement. Drivers are often surprised by how frequently patrols run along Highway 114, Keller Parkway, FM 1709, and near Southlake Town Square — particularly on weekends and holidays.

Being stopped on suspicion of Driving While Intoxicated (DWI) is intimidating, especially if you’ve never been through it before. What happens in the first few minutes of that stop can determine whether you’re arrested, charged, and ultimately convicted.

This guide will walk you step-by-step through what to expect if you’re stopped for DWI in Keller or Southlake.

1. Where DWI Stops Commonly Happen in Keller & Southlake

While police can stop drivers anywhere, some areas are frequent hot spots for DWI patrols:

  • Highway 114 (Southlake/Grapevine Corridor) – Heavy traffic from Southlake Town Square and Grapevine nightlife.
  • Keller Parkway / FM 1709 – Popular restaurant and retail strip with late-night traffic.
  • Southlake Town Square – Officers often patrol during weekends, concerts, and community events.
  • Highway 377 near Keller – Monitored for late-night bar traffic.

On No Refusal Weekends (New Year’s, July 4th, major holidays), Keller PD and Southlake PD often coordinate with law enforcement across Tarrant County so that refusal to provide a sample results in a search warrant for a blood draw.

2. How Officers Spot Suspected Intoxicated Drivers

Texas law (Penal Code § 49.04) defines DWI as operating a vehicle while intoxicated. To establish reasonable suspicion or probable cause, local officers look for:

Driving Behaviors:

  • Swerving, weaving, or drifting between lanes
  • Driving too slowly or braking erratically
  • Ignoring traffic signals or signs
  • Driving at night without headlights

Indicators After the Stop:

  • Bloodshot or glassy eyes
  • Slurred or delayed speech
  • Odor of alcohol
  • Fumbling with license/insurance documents
  • Nervousness, sweating, or unusual behavior

💡 Tip: Officers record everything they observe, from how you roll down your window to whether your hands are shaking and any of this can be used against you.

3. What Happens During Field Sobriety Tests

If suspicion rises, officers often ask you to perform Field Sobriety Tests (FSTs) such as:

  • Horizontal Gaze Nystagmus (HGN) – Sometimes referred to as the “eye test”. Following a light or pen with your eyes.
  • Walk-and-Turn Test – Walking heel-to-toe in a straight line.
  • One-Leg Stand – Balancing on one leg while counting.

⚠️ Important: FSTs are voluntary in Texas. You are not legally required to take them, but refusal may still lead to arrest.

4. Official Breath or Blood Testing

If arrested, you will likely be transported to the Keller Jail or the Southlake DPS facility for official chemical testing.

The Options:

  • Breath Test (Intoxilyzer 9000): A machine used at the jail to measure blood alcohol concentration (BAC). A result of 0.08% or higher creates a presumption of intoxication.
  • Blood Test: Conducted by medical staff, usually at a hospital or clinic. The sample is sent to a DPS-certified lab.

Refusal & No Refusal Weekends:

  • Refusing testing usually results in an automatic license suspension.
  • During No Refusal periods, officers will quickly obtain a judge-signed warrant to force a blood draw.
  • Even if Tarrant County is not conducting a No Refusal Holiday or Weekend, Police can (and often do) still obtain a warrant for a blood draw.

Potential Issues a Lawyer Can Challenge:

  • Calibration and maintenance of breath machines
  • Officer certification and test administration errors
  • Chain of custody in blood testing
  • Medical conditions (acid reflux, diabetes, prescription meds) that may skew results

5. Administrative License Revocation (ALR) Hearings

A DWI arrest doesn’t just risk criminal penalties — it also triggers a civil process to suspend your driver’s license.

Key Facts:

  • Officers seize your license and issue a temporary permit.
  • You have 15 days from arrest to request a hearing.
  • Hearings are typically held virtually for Keller/Southlake residents. 

Suspension Lengths:

  • Failed test (BAC ≥ 0.08): 90 days to 1 year
  • Refusal: 180 days to 2 years

Why ALR Hearings Matter:

  • They are the first chance to cross-examine the arresting officer under oath.
  • Winning saves your license and may expose weaknesses in the State’s case.
  • Missing the 15-day deadline means automatic suspension on day 40 after arrest.

6. Common Mistakes Drivers Make

Many drivers hurt their case by making simple but costly mistakes:

  1. Admitting to “a couple of drinks” – even small statements are used against you.
  2. Believing FSTs are required – they’re voluntary.
  3. Becoming argumentative – hostility almost guarantees arrest.
  4. Ignoring the ALR deadline – waiting too long costs you your license.

7. The Consequences of a Keller or Southlake DWI

A first-time DWI in Texas is a Class B Misdemeanor and can lead to:

  • Fines up to $2,000
  • Jail time up to 180 days (3 days minimum)
  • License suspension from 90 days to 1 year
  • Annual surcharges to keep your license
  • Permanent criminal record

Aggravated cases (BAC ≥ 0.15, child passenger, accidents with injury) can escalate to higher level misdemeanors or felonies, much higher fines, and longer driver’s license suspensions.

8. How a Keller or Southlake DWI Defense Lawyer Can Help

A skilled defense attorney may challenge:

  • Whether the traffic stop was lawful
  • Whether FSTs were properly administered
  • The accuracy of breath/blood testing
  • Any violations of constitutional rights

Potential outcomes include:

  • Case dismissal
  • Reduction to lesser charges (such as Obstruction of a Highway)
  • Probation or alternative sentencing

The attorneys at Howard Lotspeich Alexander & Williams, PLLC (HLAW) have been representing clients accused of DWI in Keller and Southlake, Texas for over a decade and know how these agencies operate. We’ve successfully obtained dismissals and acquittals for our clients on Keller and Southlake DWI cases.

9. Why Local Experience Matters

Your case could touch the Keller Municipal Court, Southlake Municipal Court, and ultimately a Tarrant County Criminal Court in Fort Worth.

Local experience matters because:

  • Each court has different judges, prosecutors, and procedures.
  • Community reputation is critical in Keller and Southlake.
  • A local attorney understands how these agencies and courts actually operate day to day.

10. Arrested for DWI in Keller or Southlake? Call Us Today

If you or someone you love has been arrested for DWI in Keller or Southlake, time is critical. From protecting your license to building a strong defense, every step matters.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Keller and Southlake DWI defense attorneys provide aggressive, experienced, and compassionate representation.

📞 Contact us today for a free consultation — and let us fight to protect your rights, your license, and your future.

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Texas DWI License Suspensions and Occupational Driver’s Licenses - What Texas drivers need to know about DWI license suspensions, ALR hearings, and obtaining an ODL after a DWI arrest.

Texas DWI License Suspensions & Occupational Driver’s Licenses: What You Need to Know (Including Felony DWIs)

By Jason H. Howard · DWI

Texas DWI License Suspensions and Occupational Driver’s Licenses - What Texas drivers need to know about DWI license suspensions, ALR hearings, and obtaining an ODL after a DWI arrest.
Understanding Texas DWI license suspensions and how to obtain an Occupational Driver’s License (ODL) after a DWI arrest or conviction.

If you’ve been arrested or convicted for a DWI in Texas, one of the first consequences you’ll face is a driver’s license suspension. Whether it's your first offense or a felony DWI, navigating the suspension and reinstatement process is critical. Fortunately, Texas law allows many drivers to apply for an Occupational Driver’s License (ODL) so they can continue driving for essential purposes.

This guide breaks down everything you need to know about DWI-related suspensions, ODL eligibility, and how to navigate the system—with easy-to-read charts and legal citations to help you understand your rights.

Administrative vs. Criminal License Suspension

There are two ways your license can be suspended after a DWI arrest in Texas:

  • Administrative License Revocation (ALR)
  • Criminal Court Suspension

ALR Suspension Periods (Texas Transportation Code §§ 524 & 724)

Offense Type Suspension Period Statute
1st DWI – Refusal 180 days  Texas Transportation Code § 724.035(a)(1)
1st DWI – Test Failure 90 days Texas Transportation Code § 524.022(a)(1)
2nd+ DWI – Refusal 2 years Texas Transportation Code § 724.035(b)
2nd+ DWI – Test Failure 1 year Texas Transportation Code § 524.022(a)(2)

Criminal Conviction Suspensions (Texas Code of Crim. Proc. 42A.407 & Texas Transportation Code § 521.344)

Conviction Type Suspension Range
1st DWI 90 days – 1 year
2nd DWI 180 days – 2 years
DWI with Child Passenger

2 DWI’s w/in 5 years

180 days – 2 years

1 – 2 years

Felony DWI in Texas: Penalties & Suspension Periods

Felony DWI Offense Classification Suspension
3rd or Subsequent DWI Third-Degree Felony 180 days – 2 years
DWI w/ Child Passenger State Jail Felony 90 days – 1 year
Intoxication Assault Third-Degree Felony 180 days – 2 years
Intoxication Manslaughter Second-Degree Felony 180 days – 2 years

Occupational Driver’s License (ODL): Who Can Apply?

An ODL is a restricted license that allows you to drive to work, school, medical appointments, and for essential household duties. An occupational license cannot be granted for the operation of a commercial vehicle.  Texas Transportation Code § 521.2424

What You’ll Need to Get an ODL

Requirement Statute / Rule
Essential Need Affidavit Texas Transportation Code § 521.2421(d)(1)
SR-22 Insurance 37 Tex. Admin. Code § 25.6
Certified Driving Record (Type AR) Texas Transportation Code § 521.2421(d)(4)
Interlock Device (if applicable) Texas Transportation Code § 521.246
Court Order with Restrictions Texas Transportation Code § 521.248
Submission to DPS

Applicable fees including reinstatement fees and ID fees

Texas Transportation Code § 521.248(f)

 

Steps to Get an Occupational License After DWI

  1. File a Petition – in county or district court
  2. Gather Required Documents – SR-22, driving record, affidavit, IID proof(if applicable)
  3. Attend Hearing – judge may impose conditions
  4. Submit to DPS – with required documents and fee

Conclusion: Protect Your License and Your Future

A DWI arrest doesn’t have to end your ability to work, care for your family, or rebuild your life. Understanding Texas’s license suspension laws—and how to pursue an Occupational Driver’s License—can make all the difference.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we help clients navigate both the criminal and administrative processes to minimize disruption and protect their future.

If you've been arrested for DWI—whether misdemeanor or felony—reach out today for experienced guidance and effective legal representation.

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Man standing at a crossroads symbolizing decision-making in Texas criminal plea bargaining process.

The Process of Plea Bargaining in Texas Criminal Law: Benefits, Drawbacks, and Practical Application

By Luke A. Williams · Criminal Defense

Plea bargaining is a pivotal part of Texas’s criminal justice system. In fact, the vast majority of criminal cases in Texas are resolved through plea deals rather than jury trials. This process allows for negotiated resolutions

Man standing at a crossroads symbolizing decision-making in Texas criminal plea bargaining process.
Choosing a legal path: Understanding how plea bargaining works in the Texas criminal justice system.

between the defense and prosecution, potentially sparing both parties the cost, uncertainty, and emotional toll of trial. But while plea bargaining offers efficiency, it also raises concerns about fairness and justice.

Let’s take a closer look at how plea-bargaining works in Texas, its advantages and disadvantages, and what it means in real-world criminal cases.

How Plea-Bargaining Works in Texas

  1. Initiation of Negotiations

Plea negotiations usually begin after the defendant has been formally charged and the discovery process has begun. Either side—prosecution or defense—can initiate the discussion.

  • In misdemeanor cases, plea offers often come early, sometimes during the first court appearance.
  • In felony cases, especially serious ones, offers typically follow initial case assessments and evidence review.

  1. Offer and Counteroffer

The prosecutor presents a proposed deal, which might involve:

  • Reducing charges (e.g., felony to misdemeanor),
  • Recommending probation instead of jail,
  • Offering deferred adjudication or pretrial diversion.

The defense attorney evaluates the offer and may negotiate modifications or propose alternatives based on the strength of the evidence, the defendant’s background, and mitigating factors.

  1. Judicial Review and Approval

Once both sides reach an agreement, the judge must review the plea. Texas judges ensure:

  • The plea is made voluntarily,
  • The defendant understands their rights and the consequences,
  • The agreement is not contrary to law or public interest.

  1. Entry of Plea and Sentencing

The defendant appears in court, formally enters a guilty or no-contest plea, and is sentenced according to the deal. In some cases, sentencing may be delayed for further hearings or pre-sentence investigations.

Potential Benefits of Plea Bargaining

Efficiency - Court dockets in Texas are crowded. Plea deals expedite resolution, reduce backlogs, and allow courts to focus resources on more complex or contested trials.

Certainty and Predictability - Trials carry risk. Even strong defenses can falter before a jury. A plea deal provides a known outcome, which can be critical for defendants concerned about family, employment, or immigration status.

Reduced Sentences - Defendants often receive a more lenient sentence through a plea than they would if convicted at trial. This might include:

  • Reduced jail or prison time,
  • Avoidance of certain charges that carry collateral consequences (like license suspension),
  • Possibility of record sealing later through deferred adjudication.

Protection for Victims - Plea deals can spare victims from testifying in open court, which may be especially important to the prosecution in sensitive cases such as assault, domestic violence, or sexual offenses.

Drawbacks and Controversies

Risk of Coercion - Defendants may feel pressure to accept a plea—even if innocent—because the risk of trial (e.g., decades in prison) is too great. This is especially true when bail is denied, or pretrial detention continues.

Unequal Justice - Outcomes can hinge on legal representation. Those with experienced defense attorneys may secure better deals than unrepresented or underrepresented defendants.

Lack of Transparency - Plea deals occur behind closed doors. Unlike trials, they are not public proceedings, leading to concerns about accountability and consistency.

Limited Appeal Options - Once a plea is entered and accepted, the right to appeal is typically waived. This means defendants lose the ability to challenge errors in evidence gathering, charging decisions, or constitutional violations.

Plea Bargaining in Practice: Common Texas Scenarios

Here are a few examples of how plea bargaining might play out in everyday criminal cases:

DWI Cases - A first-time DWI defendant might be offered a plea to “obstruction of a highway,” a Class B misdemeanor with less stigma and fewer long-term consequences.

Drug Possession - Non-violent offenders may be offered pretrial diversion or deferred adjudication in exchange for counseling, community service, and clean drug tests.

Family Violence - In some cases, a charge may be reduced from a family violence assault to simple assault without the “affirmative finding,” avoiding future firearm bans or enhanced penalties.

Felony Theft or Assault - A felony may be reduced to a state jail or misdemeanor offense, especially if restitution is made or the victim supports leniency.

Tips for Navigating a Plea Bargain in Texas

If you’re considering a plea deal, keep these practical tips in mind:

  • Hire a Skilled Defense Attorney: Your attorney can assess the evidence, negotiate effectively, and protect your rights.
  • Understand the Consequences: Will the plea result in a conviction? Will it affect your job, license, or immigration status?
  • Weigh the Strength of the Case: If the prosecution’s case is weak, trial may be worth the risk. Don’t accept a deal out of fear alone.
  • Take Your Time: Don’t rush. Judges rarely require immediate answers—most give time to consult with your lawyer and family.

Final Thoughts

Plea bargaining isn’t about guilt or innocence alone—it’s a legal strategy shaped by risk, opportunity, and the facts of each case. While plea deals offer a path to resolution and can be in the best interest of many defendants, they should never be entered into lightly.

If you or someone you love is facing criminal charges in Texas, don’t navigate this alone. An experienced defense attorney can help you make informed decisions, protect your rights, and find the best path forward.

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Understanding Fort Worth DWI Attorney Services

By Luke A. Williams · DWI

 

The multifaceted nature of a defense counsel's duties in Texas DWI cases often involves navigating intricate legal landscapes, as highlighted by legal scholarship.

Understanding Fort Worth DWI Attorney Services

Navigating the complexities of DWI (Driving While Intoxicated) charges in Fort Worth can be daunting for individuals facing legal challenges. This article aims to provide a comprehensive understanding of DWI attorney services, including their responsibilities, the current laws and penalties in Texas, and how to choose the right attorney for your needs. Many individuals find themselves overwhelmed by the legal process, unsure of their rights, and the potential consequences of a DWI charge. A skilled "DWI attorney" can offer invaluable support, guiding clients through the legal maze and developing effective defense strategies. This article will cover the key responsibilities of DWI defense lawyers, current Texas DWI laws, how to select the best attorney, what to expect during a consultation, and the typical costs associated with legal representation.

What Are the Key Responsibilities of a Fort Worth DWI Defense Lawyer?

A Fort Worth DWI defense lawyer plays a crucial role in protecting the rights of individuals charged with DWI offenses. Their primary responsibilities include navigating complex laws, challenging evidence, and developing effective defense strategies tailored to each case. By understanding the intricacies of DWI laws, these attorneys can provide clients with the best possible defense.

How Does a DWI Attorney Protect Client Rights in Texas?

DWI attorneys in Texas are dedicated to safeguarding their clients' rights throughout the legal process. They challenge the legality of traffic stops, ensuring that law enforcement followed proper procedures. Additionally, they scrutinize the accuracy of breathalyzer and field sobriety tests, which can significantly impact the outcome of a case. By advocating for their clients, DWI attorneys help ensure that any evidence obtained unlawfully is excluded from court proceedings.

What Strategies Do Fort Worth Attorneys Use in DWI Case Defense?

Fort Worth DWI attorneys employ various strategies to defend their clients effectively. One common approach is challenging the results of blood alcohol concentration (BAC) tests, arguing that the tests may have been improperly administered or that the equipment was faulty. Another strategy involves demonstrating a lack of impairment, which can be crucial in cases where the defendant's BAC is close to the legal limit. By utilizing these defense strategies, attorneys work to achieve the best possible outcomes for their clients.

What Are the Current Texas DWI Laws and Penalties Relevant to Fort Worth?

Understanding the current DWI laws and penalties in Texas is essential for anyone facing charges. In Texas, a DWI is defined as operating a motor vehicle while intoxicated, with a blood alcohol concentration of 0.08% or higher. Penalties for DWI can vary significantly based on the number of offenses and other factors.

How Do Recent 2023 Texas DWI Law Changes Affect Legal Outcomes?

Recent changes to Texas DWI laws have introduced stricter penalties for offenders. These changes include increased fines and longer license suspensions for repeat offenders. Additionally, the implementation of mandatory alcohol education programs aims to reduce recidivism rates. Understanding these changes is crucial for individuals facing DWI charges, as they can significantly impact legal outcomes.

What Are the Typical Penalties for DWI Charges in Fort Worth?

The penalties for DWI charges in Fort Worth can be severe. First-time offenders may face fines up to $2,000, a jail sentence of up to 180 days, and a license suspension for up to one year. Repeat offenders face even harsher penalties, including longer jail sentences and higher fines. It is essential for individuals charged with DWI to understand these potential consequences and seek legal representation to navigate their cases effectively.

How Can Clients Effectively Choose the Best DWI Attorney Near Me in Fort Worth?

Selecting the right DWI attorney is critical for achieving a favorable outcome in a case. Clients should consider several factors when choosing an attorney, including their experience, track record, and local knowledge of Fort Worth's legal landscape.

What Qualifications and Experience Should You Look for in a Fort Worth DWI Lawyer?

When searching for a DWI lawyer, clients should prioritize attorneys with extensive experience in DWI cases. Look for qualifications such as a strong track record of successful defenses, familiarity with local courts, and a commitment to personalized defense strategies. An attorney who understands the nuances of Fort Worth's legal system can provide a significant advantage.

How Do Client Testimonials and Case Studies Inform Attorney Selection?

Client testimonials and case studies can offer valuable insights into an attorney's effectiveness. Positive reviews from previous clients can build trust and confidence in an attorney's abilities. Additionally, examining case studies can help potential clients understand how an attorney approaches DWI cases and the outcomes they have achieved for others in similar situations.

What Should You Expect During a Free DWI Consultation with Howard Lotspeich Alexander & Williams, PLLC (HLAW)?

A free consultation with a DWI attorney is an opportunity for clients to discuss their cases and understand their legal options. During this meeting, clients can expect a thorough evaluation of their situation and an explanation of potential defense strategies.

What Questions Will the Attorney Ask to Evaluate Your DWI Case?

During the consultation, the attorney will likely ask several questions to assess the details of the DWI charge. These may include inquiries about the circumstances of the arrest, the results of any sobriety tests, and the client's driving history. This information is crucial for developing a tailored defense strategy.

How Does the Consultation Help Develop a Personalized Defense Strategy?

The consultation process is essential for identifying the strengths and weaknesses of a case. By discussing the specifics of the situation, the attorney can formulate a personalized defense strategy that addresses the unique aspects of the client's case. This tailored approach increases the likelihood of a favorable outcome.

What Are the Typical Costs and Fee Structures for Fort Worth DWI Legal Representation?

Understanding the costs associated with hiring a DWI attorney is vital for clients. Fee structures can vary significantly among attorneys, and it is essential to clarify these details during the initial consultation.

How Does Fort Worth DWI Lawyer Cost Compare Across Firms?

The cost of hiring a DWI lawyer in Fort Worth can range widely, depending on the attorney's experience and the complexity of the case. On average, clients can expect to pay between $2,500 and $10,000 for legal representation. It is advisable to compare fees and services among different firms to find the best fit for your budget and needs.

Are There Payment Plans or Consultation Offers Available?

Many DWI attorneys, including those at Howard Lotspeich Alexander & Williams, PLLC (HLAW), offer flexible payment plans and free initial consultations. These options can make legal representation more accessible for clients facing financial constraints. Discussing payment options during the consultation can help clients make informed decisions about their legal representation.

How Does Howard Lotspeich Alexander & Williams, PLLC (HLAW) Utilize Structured Legal Services to Enhance Client Outcomes?

Howard Lotspeich Alexander & Williams, PLLC (HLAW) is committed to providing structured legal services that enhance client outcomes. By employing a systematic approach to DWI defense, the firm ensures that clients receive comprehensive representation tailored to their specific needs.

What Role Does LegalService Schema and LocalBusiness Markup Play in Client Communication?

Utilizing LegalService Schema and LocalBusiness Markup enhances communication with clients by providing clear and accessible information about the firm's services. This structured data helps potential clients understand the firm's offerings and facilitates better engagement.

How Are Attorney Profiles and Case Information Presented for Transparency?

Howard Lotspeich Alexander & Williams, PLLC (HLAW) prioritizes transparency by presenting detailed attorney profiles and case information. This approach builds trust with clients, allowing them to make informed decisions about their legal representation. By providing clear information, the firm fosters a supportive environment for clients navigating the complexities of DWI charges.

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DWI with a firearm in Texas: handgun and bullets beside a glass of whiskey

DWI with a Firearm in Texas: Laws, Penalties & Gun Rights Explained

By Jason H. Howard · DWI

DWI with a Firearm in Texas: Laws, Penalties & Gun Rights Explained

Texas DWI and Firearm Laws - What happens if you carry a gun while intoxicated?
Texas DWI and firearm laws: What happens if you’re caught carrying a gun while intoxicated?

In Texas, both gun ownership and alcohol laws are taken very seriously. But what happens when these two worlds collide? If you’re arrested for Driving While Intoxicated (DWI) while carrying a firearm, you could face serious consequences beyond the standard DWI penalties. Texas law imposes strict rules on firearm possession, and combining alcohol and firearms can lead to enhanced charges and legal complications.

In this post, we’ll cover:

  • Texas DWI laws and firearm regulations
  • Consequences of a DWI with a firearm
  • Impact on gun rights
  • Defenses for DWI with a firearm
  • How to avoid these charges

Read on to learn what you need to know about this serious legal issue and how to protect your rights.

What is DWI in Texas?

In Texas, a DWI (Driving While Intoxicated) is defined under Texas Penal Code § 49.04. You can be charged with a DWI if you are:

  • Driving a vehicle in a public place
  • With a blood alcohol concentration (BAC) of 0.08% or higher
  • Or if you have lost the normal use of your mental or physical faculties by way of the introduction of drugs or alcohol into your body

A first-time DWI offense is typically a Class B misdemeanor, but the penalties can escalate depending on your BAC level, prior offenses, or whether there were aggravating factors like having a child in the car.

Can You Carry a Firearm in Your Vehicle in Texas?

Texas law generally allows individuals to carry a handgun in their vehicle without a License to Carry (LTC) as long as they:

  • Are not engaging in criminal activity (other than a traffic violation)
  • Are not prohibited by law from possessing a firearm
  • Are not a member of a criminal gang

However, carrying a firearm while intoxicated is considered criminal activity, which makes it illegal to have the firearm in your vehicle during a DWI.

What Happens If You’re Arrested for DWI with a Firearm?

If you’re arrested for DWI with a firearm, you could face multiple charges, including:

  1. DWI Charges  

    • First Offense: Class B misdemeanor, up to 180 days in jail, $2,000 fine, and license suspension for up to one year
    • Second Offense: Class A misdemeanor, up to one year in jail, $4,000 fine, and longer license suspension
    • Third Offense: Felony charges, which can lead to 2-10 years in prison and up to a $10,000 fine

  1. Unlawful Carrying of a Weapon (UCW)

Under Texas Penal Code §46.02, it is illegal to carry a firearm while intoxicated. This offense is typically charged as Unlawful Carrying of a Weapon (UCW), which is a Class A misdemeanor. Penalties include:

    • Up to one year in jail
    • Up to a $4,000 fine

Additionally, if you are a licensed gun owner with a License to Carry (LTC), you could face revocation of your license. Texas law prohibits LTC holders from carrying while intoxicated, and a conviction could result in a permanent ban on your ability to carry a firearm in the future.

Impact on Gun Rights

If you are convicted of DWI with a firearm, the consequences for your gun rights can be severe:

  • First Conviction: You may lose your License to Carry (LTC) temporarily.
  • Multiple Convictions: Multiple DWI or UCW convictions can result in a permanent ban on your right to carry a firearm.
  • Felony Convictions: If your DWI escalates to a felony charge, you will lose your right to own or possess firearms under both state and federal law.

Defenses for DWI with a Firearm

If you’re facing charges for DWI with a firearm, there are potential defenses your attorney may use, such as:

  • Challenging the Traffic Stop- If the officer lacked reasonable suspicion or probable cause to pull you over, the entire case could be dismissed.
  • Questioning the BAC Test- Your attorney may challenge the accuracy of breathalyzer or blood test results.
  • Arguing Possession of the Firearm- Your attorney may argue that the firearm was not readily accessible, which could reduce or dismiss the UCW charge.
  • Proving Lack of Intent- If the firearm was in the vehicle but you had no intention to use it, this could be used to mitigate charges.

How to Avoid DWI with a Firearm Charges

The best way to avoid these charges is to never mix firearms and alcohol. If you plan to drink:

  • Leave your firearm at home
  • Use a rideshare service like Uber or Lyft
  • Designate a sober driver

Final Thoughts: Take These Charges Seriously

Being arrested for DWI with a firearm in Texas can result in serious legal consequences, including jail time, hefty fines, and loss of gun rights. Texas takes both gun laws and DWI laws very seriously, and combining the two offenses can make your situation much worse.

If you find yourself in this situation, it’s crucial to contact an experienced criminal defense attorney who can help you navigate the complex legal process, protect your rights, and work toward the best possible outcome.

Charged with DWI and firearm possession? Texas law is tough—don’t face it alone. Contact HLAW today for a free consultation and protect your future.

Frequently Asked Questions (FAQs)

  1. Can I carry a gun in my car in Texas if I’ve had a drink and are intoxicated? No. Carrying a firearm while intoxicated is considered criminal activity and can result in Unlawful Carrying of a Weapon (UCW) charges.
  2. Will I lose my License to Carry (LTC) if I get a DWI in Texas? Yes, if you’re convicted of DWI with a firearm, you could face temporary or permanent revocation of your LTC.
  3. Can I get my gun rights restored after a DWI conviction? It depends on the circumstances. Speak with a criminal defense attorney to explore your options.

By understanding the risks and knowing your rights, you can avoid finding yourself in a legally precarious situation. If you're facing charges of Driving While Intoxicated or Unlawful Possession of a Firearm in Texas, contact HLAW today for a free consultation.

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