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.
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State-by-State Terminology: Some states exclusively use the term “DWI,” while others use “DUI” to describe the exact same offense of impaired driving.
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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:
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BAC Limit: You have a Blood Alcohol Concentration (BAC) of 0.08% or higher.
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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:
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Challenging Blood and Breath Tests: Breath tests (using infrared spectroscopy) and blood tests (using gas chromatography) are prone to human and mechanical error.
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Auditing Machine Calibration: Defense attorneys can subpoena maintenance logs, machine validation studies, and calibration records to prove a device was inaccurate.
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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.
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Call Us Directly: (817) 831-3100
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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:
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First Offense: 90-day driver’s license suspension.
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Subsequent Offenses: 1-year driver’s license suspension.
