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DWI Defense Attorneys

Mimi Coffey is the only Board-Certified DWI Defense Attorney by NCDD in North Texas serving Fort Worth, Arlington, Tarrant County, Dallas and near by areas

What is a DWI?

DWI stands for “driving while intoxicated.” It is a serious criminal offense that involves operating a motor vehicle while impaired by alcohol, recreational or prescription drugs, or a combination of substances.

While the general definition refers to driving while drunk or impaired, the exact legal definitions, blood alcohol concentration (BAC) limits, and consequences vary significantly by state.

What is the Difference Between DWI and DUI?

The main difference between a DWI (driving while intoxicated) and a DUI (driving under the influence) comes down to state law and terminology.

  • State-by-State Terminology: Some states exclusively use the term “DWI,” while others use “DUI” to describe the exact same offense of impaired driving.

  • Varying Levels of Impairment: In certain states that use both terms, a DUI and a DWI represent different levels of severity. For example, a DUI might be charged for driving with a lower level of impairment or a lower BAC, while a DWI is reserved for higher intoxication levels and carries harsher penalties.

What is a DWI in Texas?

Under Texas Penal Code Section 49.04, a person commits a DWI (Driving While Intoxicated) if they operate a motor vehicle in a public place while intoxicated.

According to Texas law (Section 49.01), you are legally considered intoxicated if you meet either of the following criteria:

  • BAC Limit: You have a Blood Alcohol Concentration (BAC) of 0.08% or higher.

  • Impairment: You do not have the normal use of your mental or physical faculties due to alcohol, illegal drugs, prescription medication, or a combination of substances.

Can You Fight a DWI Charge?

Yes, it is entirely possible to fight and win a DWI charge, even if your case feels unwinnable. Driving while intoxicated cases are highly specialized and rely heavily on forensic science. Because the prosecution must prove guilt beyond a reasonable doubt, an experienced defense attorney can challenge the evidence on legal and scientific grounds.

How to Fight a DWI Charge: Key Defense Strategies

Fighting a DWI typically involves independently obtaining and auditing forensic data that prosecutors often overlook. Key defense areas include:

  • Challenging Blood and Breath Tests: Breath tests (using infrared spectroscopy) and blood tests (using gas chromatography) are prone to human and mechanical error.

  • Auditing Machine Calibration: Defense attorneys can subpoena maintenance logs, machine validation studies, and calibration records to prove a device was inaccurate.

  • Inadmissible Evidence: If police violated your rights or failed to follow strict scientific protocols, your BAC results may be thrown out of court.

At The Coffey Firm, we have earned a reputation for mastering the complex forensics of DWI law. We know how to uncover the hidden flaws in the State’s evidence to show that the prosecution simply cannot meet its burden of proof.

Facing a DWI Arrest? We Have Your Back.

Being arrested for a DWI can leave you feeling overwhelmed, stressed, and isolated. It is important to remember that ad slogans like “Drink. Drive. Go to Jail.” are not the law. Good people get arrested, and you have a right to defend yourself. You do not have to face the complex Texas legal system alone.

If you are looking for an experienced DWI lawyer near you, Mimi Coffey and her dedicated team serve clients throughout the Dallas-Fort Worth Metroplex and surrounding North Texas areas.

Why Choose The Coffey Firm?

The legal process can be intimidating, but our compassionate, hard-working legal team is here to guide you every step of the way. We work hands-on to ensure you understand your rights, protect your driver’s license, and explore every option for your defense.

Get a Free, Confidential DWI Case Evaluation

Don’t let a DWI charge define your future. Take control of your case today.

  • Call Us Directly: (817) 831-3100

  • Online: Submit our [Free Consultation Form] to speak with a DFW criminal defense attorney.

Texas DWI Penalties with a BAC Over 0.15

While the legal Blood Alcohol Concentration (BAC) limit in Texas is 0.08%, hitting a BAC of 0.15% or higher triggers severe, enhanced penalties. Under Texas law, an elevated BAC upgrades a first-time DWI from a standard Class B misdemeanor to a far more serious Class A misdemeanor.

Standard vs. Enhanced Texas DWI Penalties

Charge Type Texas Offense Level Maximum Jail Time Maximum Fine
Standard DWI (BAC 0.08% to 0.14%) Class B Misdemeanor Up to 180 Days Up to $4,500
High BAC DWI (BAC 0.15% or Higher) Class A Misdemeanor Up to 1 Year Up to $6,000

Additional Consequences of an Enhanced DWI

The penalties for an elevated BAC extend beyond fines and jail time. A conviction also triggers automatic Texas driver’s license suspensions:

  • First Offense: 90-day driver’s license suspension.

  • Subsequent Offenses: 1-year driver’s license suspension.

8 Texas DWI Facts You Need to Know

Texas driving while intoxicated (DWI) laws are among the strictest in the nation. Navigating an arrest requires understanding your rights, the science behind chemical testing, and how local North Texas courts operate.

Your Rights During a Texas DWI Stop

  • Refusing Field Sobriety Tests: You have the legal right to refuse all standard field sobriety tests (SFSTs). However, the U.S. Supreme Court dictates you must step out of the vehicle if ordered by an officer.

  • Right to Remain Silent: You can legally refuse to answer incriminating questions during a traffic stop. You are only required to hand over your driver’s license, proof of insurance, and vehicle registration.

The Truth About BAC Limits & No-Refusal

  • Arrests Below 0.08% BAC: You can still be charged with a DWI even if your Blood Alcohol Concentration (BAC) is under the legal 0.08% limit if the State proves you lost the normal use of your faculties.

  • Medication & Marijuana DWIs: Texas DWI laws apply to prescription medications, marijuana, over-the-counter drugs, or any combination of substances that cause impairment.

  • The Death of “No-Refusal Weekends”: In large North Texas counties (including Tarrant, Dallas, and Collin), magistrates are on standby 24/7/365 to issue immediate blood search warrants if you refuse a breath or blood sample.

The Flawed Forensic Science of DWIs

  • Criticism of Sobriety Tests: The National Highway Traffic Safety Administration (NHTSA) roadside tests are heavily criticized in peer-reviewed scientific studies (such as research by Dr. Spurgeon Cole and Dr. Steve Rubenzer) for high error rates.

  • Mandatory Margin of Error: Texas law requires forensic laboratories to submit a specific margin of error alongside all blood test results.

  • Chemical Testing Flaws: Both breath and blood testing face constant scientific vulnerabilities, including machine calibration errors, improper sample storage, and analytical contamination.

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