Understanding DWI Defense in Texas

Being arrested for Driving While Intoxicated (DWI) in Texas is a stressful experience that can affect your job, reputation, and freedom. From the moment of arrest, the State begins building its case against you — often with chemical test results, officer observations, and dashcam footage.

At The Santos Law Firm, PLLC, we understand that a DWI charge does not define you. Mistakes, misunderstandings, and procedural errors happen. Our mission is to aggressively defend your rights and ensure that every piece of evidence is scrutinized from the start.

Understanding the DWI Process

Once arrested for DWI, several important steps follow:

1. Administrative License Revocation (ALR) Hearing
   The Department of Public Safety (DPS) can suspend your driver’s license shortly after arrest. You only have 15 days from the date of arrest to request an ALR hearing. Missing this deadline can lead to automatic license suspension — even before your criminal case is resolved.
2. Arraignment and Formal Charges
   After your arrest, you’ll be formally charged in court. This is when you or your attorney enter a plea. Having representation early ensures your defense strategy begins before the prosecution gains momentum.
3. Evidence Review and Discovery
   Your attorney will request discovery — police reports, breathalyzer or blood test results, dashcam footage, and more. Every detail matters. For example, was the traffic stop lawful? Were field sobriety tests properly administered? Was the breath test device calibrated and maintained?
4. Pretrial Motions and Negotiation
   A strong DWI defense involves challenging improper evidence through motions to suppress. If key evidence is thrown out, the case can weaken dramatically, opening the door for reduction or dismissal.
5. Trial or Resolution
   Not every DWI case goes to trial, but preparation as if it will is essential. This ensures leverage in negotiations and credibility in the courtroom.

Common Defenses in Texas DWI Cases

Every case is unique, but certain defenses are often key in Texas DWI litigation:

• Unlawful Traffic Stop: If the officer lacked reasonable suspicion to stop your vehicle, all evidence gathered afterward may be inadmissible.
• Improper Field Sobriety Testing: Many arrests hinge on these tests, which must be performed precisely according to standardized procedures.
• Faulty Breath or Blood Tests: Chemical tests can produce false positives due to medical conditions, improper calibration, or contamination.
• Violation of Constitutional Rights: Failure to read Miranda rights, illegal searches, or coercive questioning can all undermine the State’s case.

At The Santos Law Firm, we use these and other strategies to uncover weaknesses in the prosecution’s evidence — because protecting your rights means examining every angle.

Consequences of a DWI Conviction

Texas takes DWI offenses seriously, with penalties that escalate based on prior convictions and circumstances:

• First Offense: Up to 180 days in jail, fines up to $2,000, and license suspension for up to one year.
• Second Offense: Up to one year in jail, fines up to $4,000, and longer suspension.
• Third Offense: A felony charge, with potential prison time of 2–10 years and fines up to $10,000.
• Additional Penalties: Installation of an ignition interlock device, mandatory education programs, and increased insurance premiums.

These consequences make early, aggressive defense representation crucial.

How The Santos Law Firm, PLLC Protects You

When you engage The Santos Law Firm, you’re not just hiring an attorney — you’re partnering with a legal team that’s committed to outworking the opposition. We take immediate action to:

• Preserve dashcam and bodycam evidence
• Challenge the legality of your stop and arrest
• Cross-examine officers for inconsistencies
• Consult forensic experts on chemical test accuracy
• Negotiate strategically with prosecutors
• Prepare thoroughly for trial, if necessary

Our approach is guided by the belief that every client deserves a personalized, zealous defense that treats them as an individual — not just a case number.

Why Acting Quickly Matters

Time is a critical factor in DWI cases. Delaying your defense can mean lost evidence, missed hearings, and weakened legal options. Early intervention allows your attorney to preserve key information and start challenging the State’s evidence before it solidifies.

Protect Your Rights and Your Future

A DWI arrest can be frightening, but it does not have to define your future. With experienced, dedicated representation, you can protect your rights and minimize the impact on your life.

At The Santos Law Firm, PLLC, we fight to ensure every client receives fair treatment and a strong defense — because your freedom, your reputation, and your future matter.