East Texas DWI & DUI Defense: A Scientific and Strategic Approach
URGENT WARNING for East Texas Drivers:You Only Have 15 Days
After a DWI or DUI arrest in Texas, you have only **15 days** to request an Administrative License Revocation (ALR) hearing to prevent your driver's license from being automatically suspended. This is a critical deadline. Contacting an experienced East Texas DWI lawyer immediately allows us to fight for your license and begin building your defense from day one.
Fighting a DWI or DUI Charge in Gregg and Smith Counties
A drunk driving arrest triggers two separate cases against you: the criminal case, where you face fines, jail time, and a conviction; and the civil ALR case to suspend your license. While often used interchangeably, the legal term in Texas is Driving While Intoxicated (DWI), but it covers what many people know as DUI. You need a lawyer who is an expert in fighting both battles simultaneously in the local East Texas courts. Our firm understands the science behind breath and blood tests and the strict legal procedures police in Longview and Tyler must follow. We exploit the state's mistakes to your advantage.
Texas DWI & DUI Offenses and Potential Penalties
The penalties for a DWI or DUI conviction in Texas are severe and escalate with each offense. Understanding what you're facing is the first step in building a strong defense.
DWI 1st Offense
Classification: Class B Misdemeanor. Penalties: Up to 180 days in jail, a fine up to $2,000, and license suspension up to one year.
DWI with BAC over 0.15%
Classification: Class A Misdemeanor. Penalties: Up to 1 year in jail, a fine up to $4,000, and mandatory ignition interlock device.
DWI 2nd Offense
Classification: Class A Misdemeanor. Penalties: Up to 1 year in jail, a fine up to $4,000, and license suspension up to two years.
DWI 3rd or Subsequent Offense
Classification: Third-Degree Felony. Penalties: 2 to 10 years in prison, a fine up to $10,000, and a felony conviction on your record.
DWI with a Child Passenger
Classification: State Jail Felony. Penalties: Up to 2 years in a state jail facility and a fine up to $10,000, even for a first offense.
How We Challenge the State's DWI/DUI Case in East Texas
The Illegal Traffic Stop
An officer cannot pull you over for a "hunch." They must have a specific, articulable reason (reasonable suspicion) to believe you violated a traffic law. If the stop was illegal, all evidence gathered from that point on—including the breath test—can be thrown out.
Improper Field Sobriety Tests
Standardized Field Sobriety Tests (SFSTs) are difficult for even a sober person to pass. Officers must follow strict NHTSA protocols when administering them. We scrutinize the dashcam video to find errors in the instructions or administration of the tests to discredit them as evidence.
Inaccurate Breath & Blood Tests
Breathalyzers are sensitive machines prone to error from improper calibration, software bugs, or even medical conditions like acid reflux. For blood tests, we investigate the validity of the warrant, the qualifications of the person who drew the blood, and the chain of custody to ensure the sample wasn't contaminated.
The ALR Hearing Advantage
The ALR hearing is more than just a chance to save your license. It's our first opportunity to cross-examine the arresting officer under oath. We can lock them into their story and uncover inconsistencies that can be used to dismantle their testimony in the criminal trial.