Fort Worth DWI Attorneys
A DWI arrest in Fort Worth starts two separate legal processes at once. The criminal case proceeds in the Tarrant County Criminal District Courts, while the Administrative License Revocation (ALR) process through the Texas Department of Public Safety begins immediately with a strict 15-day deadline.
Miss that deadline, and your license suspension becomes automatic regardless of what happens with the criminal charges. A Fort Worth DWI attorney who moves fast on both fronts may be the only thing standing between you and consequences that compound quickly.
At Fulgham Hampton Criminal Defense Attorneys, we do not push clients toward plea deals before we have examined every piece of evidence. Five of our seven attorneys are former Tarrant County prosecutors who spent years building DWI cases before moving to criminal defense.
We evaluate every case for trial viability, challenge the science behind breath and blood testing, and fight to protect both your freedom and your driving privileges. Call us now at 817-877-3030 for a free consultation.
How Fulgham Hampton Fights DWI Cases in Fort Worth
Our attorneys have tried over 500 DWI cases before juries in Tarrant County and have handled hundreds more through negotiations, ALR hearings, and bench trials. That volume of experience across every stage of the DWI process shapes how we approach your case.
Former Prosecutors Who Know How DWI Cases Are Built
Five of our attorneys previously worked inside the Tarrant County District Attorney's Office. We presented DWI evidence to juries, cross-examined arresting officers, and worked alongside the toxicologists who testify in these cases. That background gives us a detailed understanding of the prosecution's playbook and where it tends to fall short.
Fighting the Science, Not Just the Charges
DWI cases rely heavily on breath test results, blood draws, and field sobriety test performance. We challenge the calibration records for breath testing devices, the procedures used during blood draws, and the subjective scoring of standardized field sobriety tests. Weak science often leads to weak cases.
Protecting Your License From Day One
While some DWI attorneys focus mainly on the criminal case, we treat the ALR hearing as a separate opportunity to protect your driving privileges and to preview the evidence the state plans to use against you in court.
Hear From Our Clients
What Is a DWI Under Texas Law
Under Texas Penal Code § 49.04, a person commits the offense of driving while intoxicated by operating a motor vehicle in a public place while intoxicated. Texas law defines intoxication in two ways: not having the normal use of your mental or physical faculties because of the introduction of alcohol, drugs, or a combination of both into your body, or having a blood alcohol concentration (BAC) of .08 or higher.
What Operating a Vehicle Means in Texas
Texas DWI law does not require the state to prove you were driving. The statute uses the word operating, which courts have interpreted broadly. If the vehicle was running, in gear, or otherwise under your physical control, the prosecution may argue you were operating it.
This issue comes up frequently in cases where someone is parked along West 7th Street, sitting in a running vehicle in a parking lot, or pulled over on the shoulder of I-30 or I-35W. The facts surrounding how and where the officer found you matter significantly to the defense.
Intoxication Is Defined Two Ways
The state may pursue a DWI conviction under either definition of intoxication. A prosecutor may argue loss of normal mental or physical faculties based on officer observations and field sobriety test results, or the prosecutor may rely on a BAC result of .08 or higher from a breath or blood test. The state may present evidence under one or both theories at the same time.
DWI Charges and Penalties in Tarrant County
The severity of a DWI charge in Texas depends on your criminal history, your BAC level, and whether anyone was injured or killed. The penalties escalate sharply with each subsequent offense and with the presence of aggravating factors.
- A first-offense DWI is a Class B misdemeanor with a minimum of 72 hours in jail, up to 180 days, and a fine of up to $2,000.
- A DWI with a BAC of .15 or higher is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
- A second DWI is a Class A misdemeanor with a mandatory minimum of 30 days in jail, up to one year, and a fine of up to $4,000.
- A DWI with a child passenger under 15 is a state jail felony, carrying 180 days to 2 years in a state jail facility and up to a $10,000 fine.
- A third DWI or subsequent offense is a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine.
Beyond these criminal penalties, Texas law also imposes ignition interlock device requirements and community supervision conditions that may include alcohol education programs and random testing. A DWI conviction in Tarrant County reaches into every part of your daily life.
What Is the 15-Day ALR Deadline After a DWI Arrest
The Administrative License Revocation process is one of the most time-sensitive parts of a DWI case in Texas, and it is the one that people miss most often. Under Texas Transportation Code Chapter 724, you have exactly 15 days from the date of your arrest to request a hearing with the Texas Department of Public Safety to contest the suspension of your driver's license.
What Happens If You Miss the 15-Day Deadline
If you do not request the ALR hearing within 15 days, your license suspension takes effect automatically on the 40th day after your arrest. For a first-time DWI arrest where you provided a breath or blood sample, the suspension period is 90 days. If you refused testing, the suspension jumps to 180 days.
Missing the deadline generally triggers automatic suspension, although you may still be eligible to apply for an occupational driver's license, which permits limited driving for work and household necessities during the suspension period.
Why the ALR Hearing Matters for Your Criminal Case
The ALR hearing serves two purposes. It gives you a chance to fight the license suspension, and it gives your Tarrant County DWI defense attorney early access to the state's evidence.
At the hearing, your attorney may subpoena and cross-examine the arresting officer, review the breath or blood test results, and evaluate the probable cause for the stop and arrest. This preview of the prosecution's evidence often reveals weaknesses that shape the defense strategy in the criminal case months before trial.
What to Do in the First 24 Hours After a Fort Worth DWI Arrest
The decisions you make immediately after a DWI arrest affect both the criminal case and the ALR process. Once you are released from the Tarrant County jail at 100 North Lamar Street, these steps may help protect your rights and your defense.
- Write down everything you remember about the stop, the arrest, the officer's instructions, and the testing procedures while the details are still fresh.
- Locate your Temporary Driving Permit, which replaces your confiscated license, and note the date of your arrest so you know when the 15-day ALR deadline expires.
- Avoid discussing the arrest on social media, in text messages, or with anyone other than your attorney, because those statements may be used against you.
- Contact a Fort Worth DWI attorney immediately to request the ALR hearing before the deadline passes and to begin reviewing the evidence in your case.
Every hour that passes after an arrest is an hour closer to the ALR deadline and an hour further from the sharpest version of your memory about what happened during the stop.
How a Fort Worth DWI Attorney Challenges the Evidence
DWI cases depend on three categories of evidence: the reason for the stop, the observations and testing at the scene, and the chemical test results. Each category raises distinct questions that an experienced defense attorney examines closely.
Was the Traffic Stop Lawful
An officer must have reasonable suspicion to initiate a traffic stop. If the stop was based only on a hunch, a minor issue that did not actually violate the law, or a mistake of fact, the evidence gathered after the stop may be subject to suppression under the Fourth Amendment.
Fort Worth Police Department officers, Tarrant County Sheriff's deputies, and Texas DPS troopers all patrol the I-30, I-35W, and Loop 820 corridors heavily, and the legality of each stop is a fact-specific question.
Were the Field Sobriety Tests Properly Administered
The standardized field sobriety tests, including the Horizontal Gaze Nystagmus test, the Walk-and-Turn, and the One-Leg Stand, follow specific protocols established by the National Highway Traffic Safety Administration. Officers must administer these tests correctly for the results to carry weight in court.
Factors like uneven pavement, poor lighting, medical conditions, age, nervousness, and footwear all affect performance and may undermine the reliability of the results. An officer's failure to follow NHTSA guidelines during the testing creates an opening the defense may use at trial or in pretrial motions.
Was the Breath or Blood Test Reliable
Breath testing devices require regular calibration and maintenance. If the device was not properly maintained, if the operator did not follow the required observation period, or if the test fell outside proper protocols, the results may be unreliable.
Blood draws raise their own set of issues, including the qualifications of the person who drew the blood, the chain of custody from the draw site to the lab, and the time gap between the stop and the draw. A blood sample taken hours after a stop may not accurately reflect your BAC at the time you were operating the vehicle.
Collateral Consequences of a DWI Conviction in Texas
The penalties on the charging document tell only part of the story. A DWI conviction in Fort Worth triggers collateral consequences that affect your life well beyond the sentence itself.
- A DWI conviction may affect professional licensing for nurses, teachers, commercial drivers, and other regulated occupations in Texas.
- Auto insurance rates typically increase substantially after a DWI conviction and may remain elevated for several years.
- A felony DWI conviction may result in the loss of your right to possess a firearm, depending on the specific offense and applicable federal and state law.
- Employers across North Texas increasingly run background checks, and a DWI conviction appears on your permanent criminal record.
- Immigration consequences may apply for non-citizens, particularly in cases involving felony DWI charges or multiple offenses.
The way your case is resolved today determines how much of this follows you in the years ahead.
FAQs for Fort Worth DWI Attorneys
What is the difference between DWI and DUI in Texas
Texas uses the term DWI, or driving while intoxicated, for adults 21 and older. DUI, or driving under the influence, applies only to minors under 21 who have any detectable amount of alcohol in their system. The two charges carry different penalty structures, and DWI is the more serious offense.
Do I have to take a breath test if I am pulled over for DWI in Fort Worth
Texas has an implied consent law under Transportation Code Chapter 724, which means that by driving on Texas roads, you have already given consent to a breath or blood test if lawfully arrested for DWI. You may refuse the test, but refusal triggers an automatic 180-day license suspension, and courts generally allow the prosecution to present your refusal as evidence at trial.
How long does a DWI stay on your record in Texas
A DWI conviction in Texas remains on your criminal record permanently. Texas does not allow expunction of DWI convictions. Non-disclosure, the state's form of record sealing, is generally not available for DWI offenses, although limited exceptions exist for individuals who completed certain court-approved treatment programs.
Is a first-time DWI a felony in Texas
A first-time DWI is normally a Class B misdemeanor. However, a first-time DWI becomes a state jail felony if a child under 15 was a passenger in the vehicle. A first offense with a BAC of .15 or higher is charged as a Class A misdemeanor, not a felony, but it carries significantly higher penalties than a standard first offense.
What happens at a DWI ALR hearing in Texas
At an ALR hearing, an administrative law judge determines whether the Texas Department of Public Safety had legal grounds to suspend your license. Your attorney may cross-examine the arresting officer, challenge the probable cause for the stop and arrest, and review the chemical test results. A favorable ruling prevents the license suspension from taking effect.
What is an occupational driver's license in Texas
An occupational driver's license allows you to drive on a restricted basis during a license suspension. It typically limits driving to work, school, and household necessities within specific hours set by the court. Your DWI attorney may petition for an occupational license if your regular license is suspended through the ALR process or as a result of a conviction.
Talk to a Fort Worth DWI Attorney Before Your 15-Day Deadline Passes
The next 15 days may determine whether you keep your license and how strong your defense turns out to be. That ALR window is already narrowing. Once it closes, the suspension becomes automatic, and the chance to preview the state's evidence at an early hearing disappears with it.
Call Fulgham Hampton Criminal Defense Attorneys at 817-877-3030 for a free consultation.