What to Expect When Pulled Over for DWI in Keller & Southlake, Texas

How a Fort Worth DWI Attorney Can Save Your Future: Expert DWI Defense Lawyer Fort Worth Guidance

Facing a DWI charge in Fort Worth can be a daunting experience, with potential consequences that may impact your future significantly. Understanding the legal landscape surrounding DWI charges is crucial for anyone navigating this challenging situation. This article will explore how a Fort Worth DWI attorney from Howard Lotspeich Alexander & Williams, PLLC (HLAW) can provide essential guidance and representation, ensuring your rights are protected throughout the legal process. We will delve into the nature of DWI charges, the legal penalties involved, and the steps you should take after an arrest. Additionally, we will highlight the importance of seeking professional legal assistance from HLAW, a firm specializing in DWI defense.

What Are DWI Charges in Fort Worth and Texas?

DWI charges, or Driving While Intoxicated, are serious offenses in Texas that can lead to severe legal repercussions. A DWI is defined as operating a motor vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher. This legal threshold is established to ensure public safety and deter impaired driving. The implications of a DWI charge can be far-reaching, affecting not only your driving privileges but also your personal and professional life.

What Defines a DWI in Texas and Fort Worth?

In Texas, a DWI is characterized by the operation of a vehicle under the influence of alcohol or drugs. The law does not formally distinguish between DWI and DUI; rather, "DWI" is the term used for impaired driving offenses regardless of age. The term DUI is not commonly used in Texas law for adult impaired driving offenses. Understanding this is vital, as the penalties for a DWI conviction are generally severe and apply to all adults.

What Are the Legal Penalties for DWI Offenses in Texas?

The legal penalties for DWI offenses in Texas can vary based on several factors, including prior convictions and the circumstances surrounding the arrest. Common penalties include:

Penalty Type	Description	Duration
Fines	Up to $2,000 for a first offense	Varies
Jail Time	72 hours to 180 days for a first offense	Varies
License Suspension	90 days to 1 year	Varies
Community Service	24 to 100 hours	Varies

These penalties can have a lasting impact on your life, making it essential to seek legal representation to navigate the complexities of your case.

How Can a Fort Worth DWI Attorney Protect Your Rights?

A Fort Worth DWI attorney from Howard Lotspeich Alexander & Williams, PLLC (HLAW) plays a crucial role in protecting your rights and ensuring you receive a fair trial. They are equipped with the knowledge and experience necessary to challenge the evidence against you and explore potential defenses.

What Legal Defense Strategies Do Fort Worth DWI Lawyers Use?

DWI lawyers at HLAW employ various defense strategies to protect their clients. Some common approaches include:

• Challenging the Traffic Stop: If the initial stop was unlawful, any evidence obtained may be inadmissible.
• Questioning BAC Test Results: Issues with the administration of breath or blood tests can lead to inaccurate results.
• Proving Lack of Impairment: Demonstrating that the driver was not impaired despite a high BAC reading can be a viable defense.

These strategies highlight the importance of having a knowledgeable attorney from HLAW who can navigate the legal system effectively.

Why Choose Howard Lotspeich Alexander & Williams, PLLC (HLAW) for Your DWI Defense?

Howard Lotspeich Alexander & Williams, PLLC (HLAW) specializes in legal defense services with a focus on DWI cases in Fort Worth, Texas. Our experienced attorneys understand the intricacies of DWI laws and are dedicated to providing personalized legal representation. By choosing HLAW, you gain access to a team that prioritizes your rights and works diligently to achieve the best possible outcome for your case.

What Steps Should You Take After a DWI Arrest in Fort Worth?

After a DWI arrest, it is crucial to take immediate action to protect your rights and future. Here are essential steps to consider:

• Remain Silent: Avoid discussing your case with anyone except your attorney.
• Document Everything: Keep detailed notes about the arrest and any interactions with law enforcement.
• Contact a DWI Attorney: Schedule a consultation with a qualified DWI attorney at HLAW as soon as possible.

How to Schedule a Consultation with a Fort Worth DWI Attorney at HLAW?

Scheduling a consultation with a Fort Worth DWI attorney at Howard Lotspeich Alexander & Williams, PLLC (HLAW) is straightforward. You can typically reach out via phone or through our firm's website. During the consultation, be prepared to discuss the details of your case and any evidence that may be relevant.

What Immediate Actions Can Help Save Your Future After a DWI Charge?

Taking proactive steps after a DWI charge can significantly impact the outcome of your case. Consider the following actions:

• Gather Evidence: Collect any relevant documents, such as police reports and witness statements.
• Contact Witnesses: Reach out to individuals who may have witnessed the incident to gather their accounts.
• Stay Informed: Educate yourself about DWI laws and potential defenses to better understand your situation.

These actions can help build a strong defense and improve your chances of a favorable outcome.

How Have Recent Texas DWI Law Updates Impacted Defense Strategies?

Recent updates to Texas DWI laws have introduced new considerations for defense strategies. Staying informed about these changes is essential for anyone facing DWI charges.

What Are the Key 2024-2026 Texas DWI Law Changes?

Key changes in Texas DWI laws from 2024 to 2026 include increased penalties for repeat offenders and enhanced enforcement measures. However, as of mid-2024, no specific new legislation with effective dates through 2026 has been enacted that significantly alters DWI penalties statewide. It is important to consult with a qualified attorney at HLAW to understand any local or pending legislative changes.

How Do These Updates Affect Your DWI Case in Fort Worth?

The recent law changes can impact your DWI case in Fort Worth. Understanding these updates allows your attorney at Howard Lotspeich Alexander & Williams, PLLC (HLAW) to tailor defense strategies that align with the current legal landscape, potentially improving your chances of a favorable outcome.

Contact HLAW today for a free case evaluation and consultation.

We get this question all the time. People want to know if they can refuse the field sobriety tests when the police ask them to participate

Yes! You may legally refuse field sobriety tests in Texas (unless you are already on probation and it is a condition of your probation that you cannot refuse). This article explains why you should consider refusing the SFSTs.

Standardized Field Sobriety Tests Can Be the Best Evidence for the State in a DWI Trial

When a driver is stopped in Texas and the officer suspects that the driver may be intoxicated, the officer will typically run through a standard DWI roadside investigation. This investigation begins by simply observing the driver (bloodshot eyes, odor of alcohol, slurred speech) and asking some questions:

• "Where are you coming from this evening?"
• "Have you had anything to drink tonight?"
• "How many is a couple?"

If the officer sees enough to warrant a further investigation, they will ask the driver to step out of the car.

"Let's Make Sure that You're Okay to Drive Tonight."

Once the driver steps out of the car, the officer’s body worn camera and dash camera are recording so that the footage can capture the interaction (to be used later at trial if needed). The officer will then explain that they are going to do some tests just to "make sure that you're okay to drive." Note: The officer WILL NOT NORMALLY ask permission to conduct the
standardized field sobriety tasks.  He will jump right in and hope that you just go along with it.

There are 3 standard tests that are explained in more detail on our DWI page.

The Standardized Field Sobriety Tests are Not Designed for You to Pass

The 3 standard tests are (1) the HGN test (Horizontal Gaze Nystagmus), which is the "eye test," (2) the Walk and Turn test (also known as the Walk the Line test), and (3) the One Leg Stand test. I don't have enough time to go into the many problems with the tests, but to list a few:

• The Eye Test (HGN) – this test requires the officer to be precise with his stimulus device in the field and they often make mistakes in distance and degree. Further, even with updated body worn camera technology, the video rarely shows what the officer claims to observe in the eyes. So we are usually left with officer testimony alone (and juries generally do not trust the "eye test");
• The Walk and Turn test – this test is difficult (even for completely sober people - try it yourself sometime) because it requires the person to take challenging heel to toe steps on an imaginary line in all conditions and officers never take into account the person’s stress level, the weather/wind conditions, footwear, fatigue from a long day, etc.; and
• The One Leg Stand – this test is also difficult. It requires you to balance on one foot for 30 FULL seconds. TAKE NOTE - if the person puts their foot down at 27 seconds it is a strike against them and the officer will use this as evidence that they are indeed intoxicated.

Throughout the years, the tests have been debunked and challenged by experts as unreliable, but the courts are still allowing them as proof of intoxication (they are claimed to be used as evidence of the loss of mental or physical faculties).  In short, these tests exist for the officer to build a case against you in court and we feel ultimately set you up to fail. So what benefit is there for a driver who is suspected of DWI to take the tests if they don’t have to?

You DO NOT Have to Submit to Standardized Field Sobriety Tests in Texas

Even though the officer might act as if you must take the tests, you don't. If he asks you to exit the vehicle then you must get out of the car. But as soon as he tries to start the HGN (eye test) on you, you can (and probably should) politely refuse to take the test. Take note of what I said...Politely Refuse. Do not be a jerk about it and go into a diatribe about how you read this blog and you know these tests are no good and that you refuse to do them. Remember this is all being captured on audio and video; audio and video that will be exhibit #1 at a trial if it goes that far. Simply inform the officer that you do not wish to participate in the standardized field sobriety tests.

Can I Still be Arrested if I Refuse to Perform the Field Sobriety Tests?

Yes you can (and probably will) be arrested if you refuse to perform the SFSTs. If the officer already felt like he had enough evidence to administer the tests, then he will probably go ahead and arrest you for DWI if you refuse to take them. But hey, you were probably going to get arrested anyway. Now, however, there will be less evidence against you.  You have an absolute right not to give evidence against yourself.  This constitutional right applies equally in the DWI context.

Should I Take the Tests if I Haven't Had that Much to Drink?

You are an adult, and only you know your own level of coordination, so it is really up to you. But our advice (from over 16 years of handling DWI cases) is NO. You should not perform the standardized field sobriety tests. Your DWI case becomes tougher to defend if you look intoxicated on the video. Even if you haven't had that much to drink, there are many reasons why you might appear intoxicated on the video. For instance, perhaps:

• You are extremely nervous and have a high stress level from being pulled out of your car in the middle of the night by a police officer;
• Your footwear is not ideal for walking and turning (high heels, flip flops, etc);
• The wind is blowing hard;
• It is cold outside and you are shivering;
• You have an old injury that causes you to limp or not walk "normally"; or
• You have bad balance (even on a good day).

Lastly, these tests are extremely technical. The instructions are long and tedious and can be very confusing for someone who has never attempted these tests before. Officers also like to compound this issue by providing you the instructions very aggressively and rapidly. The officer often sounds like the disclaimer at the end of a pharmaceutical commercial when they are reading you the instructions for the tests. Your failure to comply perfectly with these instructions can be used against you in court.

Next Time, Please Take an Uber

We hope you will listen to our advice regarding DWI field sobriety tests. Better yet, we hope that you'll just pay the $40 for an Uber or taxi from the bar or restaurant and avoid this altogether. But if you didn't take our advice and you didn't call and Uber, call us and we'll be happy to be your advocates.

*This article did not discuss whether you may legally refuse a Breath Test or a Blood Test. We've written on that many times and the answer is YES. You may refuse breath and blood tests UNLESS the officer has a warrant for your blood. If they have a warrant, you may not refuse.

What does it mean to "Operate" a vehicle under Texas' DWI laws?

Under Section 49.04(a) of the Texas Penal Code, a person commits the offense of DWI when the person “is intoxicated while operating a motor vehicle in a public place.” Emphasis added.  The Penal Code, however, does not define the term “operating.” When words are left undefined by statute, the Texas Government Code Section 311.011 tells us that those words are to be “construed according to the rules of grammar and common usage,” unless the word or phrase has some “technical or particular meaning,” in which case, the word or phrase “shall be construed accordingly.” What about the word “operating?” Is it common or technical?

In the trial of Kirsch v. State out in the Longview area, the defendant was charged with DWI after the police found him drunk while standing over his motorcycle trying to kick-start it on a public road.  As you might guess, there was a dispute over whether he was “operating” his vehicle while intoxicated.  Over defense objection, the trial court included the prosecutor’s requested definition of “operate” in the jury instructions:

to exert personal effort to cause the vehicle to function.

To the prosecutor’s credit, the definition was taken from an appellate case (although not one dealing with jury instructions).  Now, under this definition it is pretty clear that by trying to kick-start the motorcycle, the defendant was indeed operating a motor vehicle.  But if the term “operate” had been left undefined for the jury, then the defense could have certainly argued under the rules of grammar and common usage that the defendant was not “operating” his vehicle, because it was not running (or whatever other arguments an able defense counsel might make).  Armed with a black and white definition of “operate,” the jury convicted the defendant of DWI.

The 6th District Court of Appeals (Texarkana) affirmed the conviction.

The Texas Court of Criminal Appeals reversed. For a unanimous court, Judge Alcala wrote:

Our cases have consistently held that “operate” is a common term that has not acquired a technical meaning and may be interpreted according to its common usage… Although an appellate court may articulate a definition of a statutorily undefined, common term in assessing the sufficiency of the evidence on appellate review, a trial court’s inclusion of that definition in a jury charge may constitute an improper comment on the weight of the evidence.

The opinion goes on to note that by instructing the jurors on the definition of the term “operate,” the trial court “impermissibly guided their understanding of the term.” “The jury should have been free," the CCA held, "to assign that term ‘any meaning which is acceptable in common parlance.’” The CCA reversed the case and remanded it back to the COA for a harm analysis.

There you have it. The meaning of the term “operating” in the Texas DWI statute means…whatever the jury thinks it means.

Fort Worth DWI Defense Attorneys | Keller DWI | Grapevine DWI

Contact the top-rated Tarrant County DWI attorneys of Barnett Howard & Williams PLLC for a FREE consultation of your DWI case. We will help you determine whether the State could prove that you were operating a motor vehicle under Texas DWI law.  Call (817) 993-9249 or send us a contact email from our website. Our team of DWI attorneys will get to work defending your rights and protecting your future.

March Madness is here again. With the Final Four approaching, we built a bracket of our own. In this article, DWI attorney Jason Howard discusses the top four reasons people are stopped or detained for a DWI investigation in Texas. We’ve compiled and power-seeded our list based on the numerous Tarrant County DWI cases we handle every year. Before we get to the "Final Four," here are some honorable mentions that didn't quite make the tournament list:

• Sleeping in a running vehicle
• Driving the wrong way on a one-way street
• Rolling through a stop sign
• Expired registration as seen by police scanner
• No license plate light

Of course, there are many more reasons that folks are stopped and investigated for DWI, but below are the top four reasons that we see the most.

The Top Four Reasons Drivers Are Stopped for a DWI Investigation in Texas

#4 - Auto Accident

By auto accident, we mean everything from a head-on collision to a run-in with a mailbox. More serious accidents will usually generate the presence of officers on scene within a matter of minutes. Officers are usually looking to rule out the possibility of someone being intoxicated as soon as they arrive on scene. Minor accidents where there are no injuries might elicit a call to 911 (when there would otherwise just be a swap of insurance) if the other party involved suspects a DWI. Easy to see that if you’ve consumed alcohol and are involved in an accident, there is a high probability of a DWI investigation.

#3 – Swerving or Weaving

Please note – there is a difference between the two. Swerving is the more blatant failure to maintain a single lane by driving the vehicle all across the road. Weaving, on the other hand, is usually more subtle and sometimes observed within the lane. Regardless, if it’s late at night and a police officer is behind you and observes either of these driving behaviors, the red and blues are probably going to come on and the driver asked to step out of the vehicle for field sobriety testing.

#2 - Lane Change Problems

The #3 and #4 seeds were probably the top guesses, right? Surprisingly, we see more of numbers 1 and 2 than any other. And they probably weren’t the ones you guessed. I’ve grouped lane change issues because they can vary from the failure to signal a lane change or turn to the failure to make a proper turn at intersection (aka the “wide right” or “wide left” turn.) If you monitor your daily driving (when you’ve consumed no alcohol,) you’ll probably see that you commit many of these types of traffic infractions constantly. You’ll certainly see other people commit them. So, how does that translate to a police officer’s suspicion of drinking and driving? If it’s late at night on a Friday or Saturday, most patrol officers are quick to pull people over for any traffic violation just to check them out and make sure they’re not DWI.

That brings us to our number one reason people are stopped prior to a DWI arrest…

#1 - Speeding

We’re not talking 100mph in a 30mph zone, although we have seen some crazy speeds. No, we’re talking general, everyday speeding; 5 or 10 miles an hour over the speed limit. Nighttime patrol officers love to use their speed detection devices to initiate stops to find DWIs. That’s right! Patrol officers aren’t just looking for obvious impaired driving clues. It’s clear from our experience in handling DWI cases in Tarrant County that most officers are suspicious of anyone out late at night (especially on the weekends.) They know they only need a legal reason to stop someone at any given time. And once they establish their legal reason (even if it’s just speeding,) they then get to proceed with the “where are you coming from, where are you going, have you had anything to drink?” line of questioning. Once they get an admission of “yeah, I had a couple” or smell even the faintest odor of alcohol from the vehicle, they then get the driver out of the vehicle and begin the field sobriety tests. And once they start with the field sobriety tests, the possibility of being arrested goes up astronomically – even if you’re not intoxicated!

If we were to play out the DWI Final Four tournament, Speeding would be your Texas State Champion.

What Should You Do If You Are Suspected of Driving While Intoxicated?

We’ve written on this topic several times, including:
- DWI Information Page
- May I Legally Refuse a Field Sobriety Test?

If you have been arrested for DWI in Tarrant County after being stopped for one of these four reasons (or any other reason), contact our Tarrant County DWI attorneys for a free case evaluation.

Finally, Common Sense Prevails Regarding First-time DWI Offenses

For years, I’ve had the difficult task of trying to explain to clients facing a first-time DWI charge why their case is treated more harshly under the law than other misdemeanor criminal offenses like assault, prostitution, theft, drug possession, etc. In Texas, you can be charged with one of the latter crimes and have the option of deferred adjudication probation. Deferred adjudication probation has not been an option for DWI offenses in Texas. Until now.

Effective September 1st, 2019, a first-time DWI offense may qualify for deferred adjudication probation in Texas. The Texas legislature passed legislation that was signed into law by Governor Abbott that will amend Texas Code of Criminal Procedure Art. 42A.102(b) and make deferred adjudication probation available for some first-time DWI offenses.

What is Deferred Adjudication Probation?

Deferred adjudication probation typically requires the same terms and conditions as regular probation. So, why is it a better option? In Texas, if you receive regular or “straight” probation, the judge is required to enter a finding of guilt in your case which results in a criminal conviction.

Deferred adjudication probation is different because the judge “defers” that finding of guilt and, if you successfully complete the probation, the case results in a dismissal of the charge. Thus, you avoid the penalties and consequences that result from having a criminal conviction on your record.

The New Provisions are Effective September 1st, 2019 and Are Not Retroactive.

Deferred adjudication probation on first-time DWI offenses will apply ONLY to offenses committed on or after September 1st, 2019. That means all offenses committed prior to that date will be governed by previous law that does not allow deferred adjudication probation for DWI offenses.

Are All DWI Offenses Eligible for Deferred Adjudication Under the New Law?

The new law also limits which types of first-time DWI offenses will qualify. Deferred adjudication will NOT be available for first-time DWI offenses if:

• If it is adjudicated that your blood or breath alcohol concentration was .15 or higher at the time the analysis was performed (see Texas Penal Code 49.04(d).) Or
• You held a commercial license or commercial learner’s permit at the time of the DWI arrest

Also, if you are charged with a subsequent DWI after receiving a previous conviction or convictions for DWI, you are disqualified.

The Interlock Trade-Off

For years, defense attorneys and prosecutors (yes – even prosecutors!) have lobbied for making deferred adjudication probation an option for first-time DWI offenders. However, MADD staunchly opposed the idea. So, what’s changed MADD’s position? MADD agreed to the new law because it makes first-time DWI offenders (who previously were NOT required to have an ignition interlock device as a condition of probation) now have it as a requirement. The new law requires the judge to order the ignition interlock device as a condition of probation if you receive deferred adjudication probation for a DWI offense (see the amendment to Texas Code Crim. Procedure Art. 42A.408(e-1).)

There is, however, an exception to this requirement under TCCP Art. 42A.408(e-2) of the new law. If you submit to a substance abuse evaluation and the judge determines (based on that evaluation) that the ignition interlock requirement is “not necessary for the safety of the community,” then the judge may waive the requirement. This is certainly something you would want to discuss with your attorney.

What Will My Record Look Like if I Receive Deferred Adjudication Probation for a DWI Offense?

Although successful completion of deferred adjudication probation results in a dismissal of the underlying criminal charge, there is still a criminal record that must be addressed following the dismissal. The new law limits your remedy options to a nondisclosure (sealing of the record) and even that is not guaranteed.
You will not qualify for a nondisclosure if:

• You have previously been convicted of or placed on deferred adjudication probation for another offense (other than a traffic offense that is punishable by fine only.) Or
• There is sufficient evidence to show that offense resulted in a motor vehicle accident involving another person (including a passenger in the motor vehicle operated by you.)

It’s also worth noting there is a two-year waiting period after discharge from probation to petition the court for a nondisclosure.

Can a Future DWI Arrest Be Enhanced Even if I Wasn't Convicted on the First One Under the New Law?

If, after your successful completion of deferred adjudication probation and dismissal by the court, you are arrested again for DWI, the new law allows the state to use the prior for enhancement purposes. If your case is dismissed, how can the state use it as a prior conviction? This can make for a candid debate, but, at the end of the day, this was another MADD trade-off conceded by the legislature that you should be aware of when considering long-term consequences of the new law.

DEFERRED SOUNDS GOOD - WHERE DO I SIGN? NOT SO FAST!!!

If, after September 1st, 2019, you or a loved one are faced with a first-time DWI charge and qualify for deferred adjudication probation, it might appear to be an easy option. However, we can’t stress enough how important it is that you retain a qualified DWI attorney who can analyze your case to determine If the state has enough evidence to prove their case or if there are legal or evidentiary issues present that may prove problematic for the state. The experienced DWI Attorneys at Barnett, Howard & Williams, PLLC are here to help determine what your best options truly are. So, please feel free to give us a call.