Best DUI Attorneys in Dallas, TX
Compare Top DUI Attorneys
| Lawyer Name | CO Bar Association Status | Year Admitted to CO Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Timothy R. Bussey | Active | 1991 | Chicago-Kent College of Law, Illinois Institute of Technology | |
| Michael M. Clawson | Active | 1994 | University of Denver Sturm College of Law | |
| Casey Kane | Active | 2014 | Appalachian School of Law | |
| Jeremy Loew | Active | 2008 | University of Denver Sturm College of Law | |
| Austin M. Lux | Active | 2016 | University of Denver Sturm College of Law | |
| Patrick D. Mika | Active | 1982 | University of Arkansas School of Law | |
| Warren D. Price | Active | 2016 | Catholic University of America Columbus School of Law | |
| Steven Rodemer | Active | 2006 | California Western School of Law | |
| Michael A. Stuzynski | Active | 2013 | University of Colorado Law School | |
| Patterson S. Weaver | Active | 2009 | University of Denver Sturm College of Law |
DUI Laws in Texas
Texas does not take drunk driving lightly. Therefore, it is important to learn about the legal limits and consequences of driving inebriated in the state, so you are aware of the next steps if you ever find yourself on the wrong side of DWI laws. Below is a comprehensive guide to the DUI laws in Texas.
Legal Blood Alcohol Concentration (BAC) in Texas
If you are driving in Texas, you str considered legally intoxicated if you have lost the normal use of your physical or mental faculties after taking alcohol, drugs or any other substance. You can also be prosecuted for driving while intoxicated if your blood alcohol concentration is higher than 0.08% if you are driving a motor vehicle and 0.04% if you are driving a commercial motor vehicle.
If, however, your blood concentration is equal to or higher than 0.15%, your possible punishment increases significantly and your charge will be categorized as a Class A misdemeanor.
Texas has zero tolerance for underage drinking and it is reflected in the DUI penalties. If you are below the age of 21 years and are found driving with any detectable amount of alcohol in your system, you will be charged with a DUI.
Implied Consent Laws in Texas
As per the implied consent law in Texas, if you are driving in a public place, you are deemed to have consented to submit to tests that will determine your blood concentration level if you are arrested for a DWI. In most cases, you have the right to refuse the test, except if you have caused a collision that resulted in injury or death of a person while driving intoxicated, you were driving with a child passenger or you have been previously convicted of intoxication offenses.
If you refuse to submit to the test, you will face additional consequences in the form of automatic license suspension for at least 180 days. Your refusal may also be admissible in subsequent prosecution. The peace officer making the arrest is responsible for informing you of the detailed consequences of refusing these tests.
Once you have received a notice of suspension of license, you can request a hearing to oppose it by sending a written demand within 15 days from the date of its receipt.
DUI Penalties in Texas
Penalties for a DUI in Texas depend on several factors including the BAC level, prior offenses and circumstances surrounding the DUI. Imprisonment, fines and other punishments multiply with subsequent intoxication offenses.
First Offense
Offense Level: Class B Misdemeanor
Minimum Imprisonment: 3 days, unless you are qualified for deferred adjudication community supervision
Maximum Imprisonment: 180 days
Fine: Up to $2,000
License Suspension: Up to one year
Ignition Interlock Device: Up to the court’s discretion
Second Offense
Offense Level: Class A Misdemeanor
Minimum Imprisonment: one month
Maximum Imprisonment: one year
Fine: Up to $4,000
License Suspension: Up to two years
Ignition Interlock Device: If the offense was committed within five years from the preceding one, device must be installed for one year after the license is restored.
Third and Subsequent Offenses
Offense Level: Third-degree felony
Minimum Imprisonment: two years
Maximum Imprisonment: ten years
Fine: Up to $10,000
License Suspension: Up to two years
Ignition Interlock Device: If the offense was committed within five years from the preceding one, device must be installed for one year after the license is restored.
Intoxication Assault
Offense Level: Third-degree felony
Minimum Imprisonment: two years
Maximum Imprisonment: ten years
Fine: Up to $10,000
License Suspension: Up to two years
Ignition Interlock Device: Up to the court’s discretion
Penalty Enhancement
The offense level and penalties in DWI cases increase in the following situations:
- If the victim of the intoxication assault is a firefighter, emergency medical services personnel, peace officer or judge discharging their duty or if the victim dies.
- If the BAC was found to be 0.15% or higher.
- If a child under the age of 15 years was a passenger in the vehicle driven by an inebriated person.
What to Expect After a DUI Arrest in Texas
After an arrest is made for a DWI, you will need to submit the requested specimen to the peace officer to check your blood alcohol level. You will be held until you appear before a judge for your arraignment hearing and you may get released after posting bail.
Your driver’s license will be automatically suspended if you fail the sobriety test or refuse to take one. You will have the option to request a hearing within 15 days of receiving the notice of suspension. You can drive until your hearing, but you will lose your driving rights if your license is suspended thereafter.
You can contact a Dallas DUI lawyer at any point during this process and get help in navigating the legal procedures.
How Can an Attorney Help You?
DUI cases can escalate very quickly, leading to severe charges if they are not handled properly. A DUI lawyer can help you understand your options better and help you through the process. Therefore, it is recommended to hire a lawyer as quickly as possible during the procedure.
An experienced DUI lawyer in Dallas can help you prepare for your Administrative License Revocation hearing to make sure you retain your driver’s license. They can help you receive deferred adjudication if that is an option for you, so you do not have to spend any time in prison.
They can investigate the facts of your case and help you find procedural misconduct, if any, to get your case dismissed or at least get your penalties lowered. They will handle most of the legal paperwork on your behalf, keep track of the deadlines and contact all the correct authorities during the proceedings.
How to Choose the Best DUI Lawyer in Dallas, TX
Hiring a good DUI lawyer in Dallas can be the difference between getting a conviction and getting your case dismissed. Here are a few things you should keep in mind to choose the perfect lawyer for your DUI case.
- DUI Experience. DUI involves a lot of administrative procedures and one mistake can lead to severe consequences, including losing your driving privileges and spending months in jail. A Dallas DUI lawyer who deals with DUI cases has a deep understanding of the procedures involved in the case. They will make sure you do not miss any requirements and help you build a strong case.
- Trial Experience. Most cases do not go to trial, but it is always a good idea to hire a lawyer with significant trial experience. They can help you prepare a good defense if your case does proceed to trial, but also negotiate a good plea deal for you if it doesn’t.
- Testimonials. Reading client testimonials on a lawyer’s website or other review sites will give you a fair understanding of their work process and temperament. You can then hire a lawyer that matches your requirements the best.
Methodology
To come up with the best DUI lawyers in Dallas in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Does DUI show up on background checks in Texas?
A DUI charge creates a permanent criminal record and will appear in all your background checks. There are very few circumstances where you can get it expunged from your record. If this was your first DUI and it was categorized as a misdemeanor, there is a chance that you can get a non-disclosure order issued by the court to make your DUI record inaccessible.
Can you drive after a DWI in Texas?
After your arrest, your license is revoked by the peace officer. A notice of suspension is issued to you and you have 15 days from the date of receipt of this notice to request an Administrative License Revocation hearing to contend its legality. You can drive for at least 40 days from the issuance of this notice after which your license will be suspended if you fail to request a hearing. If you have requested a hearing, you can continue driving until the date of the hearing.
Can I get my license back after DWI in Texas?
If your license is suspended for a certain amount of time after a DWI conviction, you can request to reinstate it after the prescribed driver’s license suspension period is over. You will have to fulfill some requirements like completing court-prescribed education programs, paying the requisite fee and purchasing SR-22 insurance coverage for two years from your conviction to have your license reinstated.
