DWI / DUI Defense Lawyer in Texas
An arrest is not a conviction. We review the stop, the tests and the video — and protect your license first. More than 30 years in Eagle Pass and Southwest Texas.
In Texas, the charge for an adult driving intoxicated is DWI ("DUI" is the charge for drivers under 21 with any detectable alcohol). An arrest proves nothing: the prosecution has to show you were operating a vehicle, in a public place, and had lost the normal use of your faculties or had a 0.08 or higher — and every step of the stop, the tests and the arrest can be challenged. The most urgent thing isn't the trial: it's your license, which is suspended separately unless you request a hearing within 15 days of the arrest.
An arrest for driving intoxicated feels like the end: the handcuffs, the night in a cell, the towed car, and the certainty that your job, your license and your record are on the line. And often, on top of it, the fear of what happens to your immigration situation.
But an arrest is an accusation, not a conviction. To convict you, the prosecution has to prove every element of the charge, and for that it depends on a chain of decisions by the officer — why they stopped you, how they administered the tests, how they took the sample — that can be reviewed one by one. Errors in that chain are more common than people think.
Here's what the charge means in Texas, what the state has to prove, what gets reviewed in your case, and why the first 15 days decide your license even if the trial takes months.
What does the prosecution have to prove?
For a DWI conviction in Texas, the state has to show three things — all of them — beyond a reasonable doubt. Other factors make the charge more serious:
Not just sitting inside. If you were parked, asleep, or the car wasn't moving, this is already in dispute. "Operating" has a legal meaning that doesn't always match what the officer assumed.
Street, highway, a parking lot open to the public. Closed private property can change the analysis.
In one of two ways: having lost the normal use of your mental or physical faculties from alcohol, drugs or medication — or having an alcohol concentration of 0.08 or more. Each is proven differently and each is challenged differently.
A concentration of 0.15 or more, a child in the vehicle, a crash with injuries, or prior convictions turn the charge into a more serious one with greater consequences. That's why the exact level and the circumstances matter so much.
"DUI" here is the charge for drivers under 21 with any detectable amount of alcohol, no intoxication required. For adults the charge is DWI. People use the acronyms interchangeably, but legally they're different charges with different rules.
What the prosecution will use — and what gets reviewed
The state's case is built from what the officer did that night. Each piece has requirements, and when they aren't met, that piece can be thrown out:
The officer needs a concrete legal reason to stop you. If they didn't have one, or the one they gave doesn't match their own video, everything that followed may be excluded. The stop is the first thing reviewed.
They're subjective and depend on how the instructions were given, the ground, the lighting, your shoes, your weight, injuries or medical conditions. A poorly administered test doesn't prove intoxication.
The machine has to be calibrated and maintained per its records, the officer certified, and you have to be observed for a period before the test. Certain medical conditions and even what you ate can affect the result.
Blood lies if it was drawn without a warrant when one was required, if the chain of custody broke, if it was stored badly or the lab made errors. All of that has a record, and it gets requested.
What you say at the stop gets used. You have the right not to answer questions about how much you drank and to ask for a lawyer. If you were questioned without being warned of your rights when required, that gets reviewed too.
The evidence that decides these cases
Unlike a civil case, much of the evidence here is in the state's hands — and a lawyer demands it. What you can contribute counts too:
It shows how you were driving, how you were stopped, how the tests were given and how you looked. It often contradicts the officer's written report.
Calibration, maintenance, operator certification, observation period. If they're missing or wrong, the result is challenged.
Who drew it, when, how it was stored, who analyzed it, with what equipment. Every link has to be documented.
What you ate, what you drank, when, what medications you take, any medical condition. Write it down the same day, while you remember.
What your tabs show and what the people with you saw can contradict the state's version.
Discrepancies between what was written and what can be seen are among the defense's strongest tools.
What to do after the arrest
One date rules over all the others. Start there:
- 1Request your license hearing within 15 days of the arrest. It's an administrative process separate from the criminal case, and if you don't request it, the suspension takes effect automatically even if you later win at trial.
- 2Don't discuss the case with anyone — not the police, not on social media, not with the insurer. Only your lawyer.
- 3Write your timeline today: where you were, what you consumed, when, what the officer told you, what tests were done.
- 4Keep receipts and note witnesses from that night.
- 5Don't plead guilty at the first hearing without the case having been reviewed. That decision is hard to reverse.
- 6Make every court date. Missing one produces an arrest warrant and complicates everything.
- 7If you aren't a citizen, say so from the start. How the case is handled may change to avoid creating bigger problems.
- 8Talk to a lawyer within days, not weeks. The 15 days for your license don't pause.
What's at stake
Consequences depend on the level of the charge, whether it's a first offense and the circumstances. Generally, a DWI case puts at risk:
- Your driver's license: suspension for months, even before the criminal case is decided
- Jail: from days to years depending on the charge level and prior record
- Fines and court costs, plus the programs and special insurance required afterward
- A permanent criminal record that shows up in employment and housing checks
- Your commercial license (CDL), if you drive for a living — consequences are harsher and longer
- Your immigration status, if you aren't a citizen: certain charges affect applications, renewals and the ability to stay
- Your job, if it depends on driving or on a clean record
How long do I have?
There's no two years here. You have 15 days from the arrest to request the administrative hearing that decides your license. If that window passes, the suspension takes effect on its own, and getting the license back afterward is longer and more expensive.
The criminal case has its own calendar, set by the court, with dates that can't be missed. And the evidence that helps the defense — the video, the machine's records, your own memory of that night — is more useful the sooner it's requested.
Why people call us for these cases
The 15-day hearing is requested immediately. Without a license there's no job, and that problem doesn't wait for trial.
If the officer had no legal reason to stop you, the whole case can fall. It's the first thing studied, with their own video in hand.
Video, calibration, chain of custody, certifications. What the state can't document, it can't use.
A charge doesn't define anyone. Our job is your defense, not a lecture.
If you aren't a citizen, how the case is resolved matters as much as the outcome. We account for it from the start.
Your case is handled in your language, by the people handling it. What you tell us is protected by attorney-client privilege.
Frequently asked questions
Will I be deported for a DWI?+
A simple DWI is normally not by itself grounds for deportation, but certain aggravated or repeat charges can affect your status, and any charge can complicate applications and renewals. That's why, if you aren't a citizen, the case has to be handled with that reality in mind from day one.
I refused the breath test. Does that hurt me?+
Refusing has its own license consequences — generally a longer suspension than if you'd taken the test and failed — and the state can seek a warrant to draw blood. But it also means less chemical evidence against you. It's a two-sided situation that has to be reviewed in your specific case.
It's my first time. How serious is it?+
A first DWI with no aggravating factors is the lowest level of the charge, but it's still a crime with possible jail, license suspension and a record. In some first cases there are options to keep it from being visible later; it depends on the facts and on how it's resolved.
Can I keep driving while it's resolved?+
If you request the hearing within 15 days, you generally keep your license until that hearing is decided. And if the suspension takes effect, in many cases a restricted license to drive to work can be requested.
What does it cost to have my case reviewed?+
The consultation is free and confidential. There we explain the defense fees clearly before you decide anything.
Arrested for DWI? The 15 days have already started.
Free, confidential consultation. We protect your license first and review every step of the stop. An arrest is not a conviction.
We handle cases in Southwest Texas courts from Eagle Pass. If you were arrested in one of these cities, here you can see which agencies and courts apply:
This page is for informational purposes only and does not constitute legal advice. Every case is different; past results do not guarantee future outcomes. Reading this content does not create an attorney-client relationship.