DWI Attorney in Fort Worth

Former-Prosecutor Insight for Texas DWI Charges

A DWI arrest can create two separate legal concerns: the criminal prosecution and an administrative driver-license matter involving the Texas Department of Public Safety. Because the deadlines and evidence may differ, both issues should be reviewed promptly.

Attorney Navid Alband draws on more than 18 years of criminal-law experience, including his work as a former prosecutor, when evaluating DWI charges. At The Alband Law Firm, we investigate the stop, testing procedures, police conduct, video evidence, and other facts before developing an individualized defense strategy.

Texas primarily uses driving while intoxicated, or DWI, for impaired-driving offenses under Texas Penal Code Chapter 49. People may also search for a DUI lawyer, but the exact allegation and applicable law depend on factors such as age, the suspected substance, blood alcohol concentration, prior convictions, and whether an accident or injury occurred.

Are you facing a DWI charge in Texas? Call The Alband Law Firm today at (817) 997-4366 or contact us online to schedule a meeting with our DWI attorneys in Fort Worth.

We handle drunk driving cases involving:

• Administrative licenses
• DWI penalties
• Field sobriety tests
• First DWI offenses
• Multiple DWI offenses
• Occupational Driver’s Licenses

A DWI conviction can affect your record, personal life, and career. Licensed professionals may face scrutiny from professional boards, business owners may have concerns about client relationships, and military personnel could face separate consequences. The actual effect depends on the allegations, the final case disposition, applicable policies, and your individual circumstances.

How Texas DWI Charges Are Proven

Under Texas law, the prosecution generally must prove that a person operated a motor vehicle in a public place while intoxicated. Intoxication can mean not having the normal use of mental or physical faculties because of alcohol, drugs, a controlled substance, another substance, or a combination of substances. It can also be alleged through an alcohol concentration of 0.08 or more.

A reported blood alcohol concentration at or above 0.08 doesn’t end the inquiry. We examine when the sample was obtained, how it was collected and analyzed, whether required procedures were followed, and how the result relates to the time of driving. When the allegation is based on impairment rather than a per se alcohol concentration, observations, statements, field sobriety tests, video, and medical or environmental factors may become particularly important.

Texas applies additional alcohol-related rules in certain circumstances. Commercial drivers can face consequences tied to a 0.04 alcohol concentration while operating a commercial motor vehicle, while drivers under 21 are subject to separate zero-tolerance provisions concerning detectable alcohol. These standards aren’t substitutes for a case-specific review of the actual charge.

Texas also has an implied-consent process that applies to certain breath and blood testing after an arrest. A refusal or failed test can lead to an administrative license revocation proceeding, but the legality and consequences of the request depend on the circumstances. The administrative matter is separate from whether the prosecution can prove the criminal DWI charge.

Texas DWI Penalties & Enhanced Charges

DWI penalties depend on the offense level, prior history, alleged alcohol concentration, passenger information, accident circumstances, and other statutory factors. Current Texas law should be applied to the specific charge rather than assuming that every first, second, or third allegation carries an identical sentence.

Common statutory classifications and penalty ranges include:

• First DWI conviction: A standard first offense is generally a Class B misdemeanor, punishable by 72 hours to 180 days in jail and a fine of up to $2,000. An open container can increase the minimum confinement period, and an alleged alcohol concentration of 0.15 or more can raise the offense to a Class A misdemeanor.
• Second DWI conviction: A second offense is generally a Class A misdemeanor, punishable by 30 days to one year in jail and a fine of up to $4,000.
• Third DWI conviction: A third offense is generally a third-degree felony, punishable by two to 10 years in prison and a fine of up to $10,000.
• DWI with a child passenger: Driving while intoxicated with a passenger younger than 15 can be charged as a state jail felony.
• Accident-related allegations: A case involving serious bodily injury or death may lead to intoxication assault or intoxication manslaughter charges.

License suspension, probation conditions, ignition interlock requirements, court costs, and state-imposed fines may apply in addition to confinement and the base criminal fine. Commercial drivers may also face consequences affecting their commercial driver’s license that differ from ordinary license consequences.

Depending on the disposition, a person may be required to complete a DWI education or repeat-offender intervention program. A court may also order a victim-impact panel or other conditions. We review the applicable offense level and potential consequences so you can make informed decisions based on the current law and facts.

DWI Cases in Fort Worth & Tarrant County Courts

Misdemeanor-level DWI matters in Tarrant County generally proceed through county criminal courts, while felony allegations may proceed through district courts. The procedural path depends on the charge filed, any enhancements, and the facts alleged by the prosecution.

Tarrant County also maintains a Misdemeanor DWI Court Program with legal and clinical eligibility requirements. Certain Class B DWI cases may be considered case by case, but participation isn’t automatic. Eligibility, available court options, and case disposition depend on current county requirements and the individual circumstances.

Our Fort Worth DWI defense attorneys evaluate the local procedural setting alongside the evidence. That includes reviewing charging documents, bond conditions, court settings, discovery, and any separate Texas Department of Public Safety proceeding that may affect driving privileges.

Our Approach to DWI Defense in Fort Worth

At The Alband Law Firm, the facts of each client’s situation shape our defense strategy. We investigate the incident, examine police conduct, and assess whether officers followed required procedures. Attorney Navid Alband’s former-prosecutor experience informs how we evaluate the state’s evidence and identify issues that require closer examination.

Our review may include:

• The reason for the stop: We examine whether the officer identified specific facts supporting reasonable suspicion for the traffic stop or detention.
• Probable cause for arrest: We review observations, statements, test performance, video, and other evidence the officer relied on before making the arrest.
• Field sobriety testing: We evaluate test instructions, administration, scoring, surface conditions, footwear, lighting, weather, and relevant physical limitations.
• Breath or blood evidence: We examine timing, collection, preservation, analysis, calibration, maintenance records, chain of custody, and interpretation when relevant.
• Video and documentation: We compare body-camera footage, dashboard video, reports, witness accounts, dispatch records, and test records for material inconsistencies.
• Statements and searches: We consider how statements were obtained and whether searches or seizures complied with constitutional and statutory requirements.

Not every issue applies in every case, and identifying a possible problem doesn’t guarantee dismissal or another particular outcome. We use the available evidence to build a strategy tailored to the allegations, procedural posture, and your priorities.

Potential Defenses to a DWI Charge

DWI defenses often focus on whether the government lawfully obtained its evidence and can reliably prove every required element. Police error can matter, but the significance of an error depends on the law, the evidence affected, and whether the issue can be raised through a motion, objection, cross-examination, or another defense strategy.

Potential issues may include:

• Unsupported traffic stop: The officer may not have had specific, articulable facts establishing reasonable suspicion for the stop.
• Insufficient probable cause: The observations and evidence available before the arrest may not have supported probable cause.
• Anonymous-tip concerns: Information from an unidentified caller may require corroboration before it supports a detention.
• Testing-protocol problems: Breath or blood testing may require scrutiny of collection methods, approved procedures, equipment records, sample handling, and laboratory analysis.
• Field sobriety-test limitations: Uneven pavement, poor lighting, weather, footwear, age, injury, disability, or medical conditions may affect performance or interpretation.
• Timing of chemical testing: A later breath or blood result may raise questions about the person’s alcohol concentration at the time of driving.
• Operation and public-place evidence: The prosecution must prove the legally required connection between the accused person, operation of the motor vehicle, and a public place.
• Statements and search procedures: The admissibility of evidence may depend on how statements, searches, seizures, or warrants were handled.

Chemical-test evidence isn’t reviewed only as a number on a report. We consider how the sample was collected, preserved, analyzed, and connected to the alleged driving. We also compare test results with video, witness observations, medical information, and the timeline documented by law enforcement.

What to Do After a DWI Arrest

The period immediately after a DWI arrest can involve court obligations, bond conditions, evidence-preservation concerns, and driver-license deadlines. Remaining calm and obtaining legal advice promptly can help you understand which actions apply to your situation.

Important steps may include:

• Limit substantive statements: Provide required identifying and vehicle information, but don’t guess or volunteer details about alcohol consumption, medication, drugs, or the events leading to the stop.
• Preserve relevant records: Keep paperwork from the arrest, bond documents, temporary driving permits, receipts, photographs, messages, location records, and information about potential witnesses.
• Follow release conditions: Review bond terms carefully, including any driving, alcohol-monitoring, travel, reporting, or ignition-interlock requirements.
• Address the license matter: A request for an administrative hearing concerning certain suspensions generally must be made no later than the 15th day after notice. The applicable deadline and procedure should be confirmed from the documents issued in your case.
• Consult counsel before entering a plea: A plea decision should follow a review of the charge, evidence, possible defenses, criminal consequences, and administrative-license issues.

Our criminal defense attorney at The Alband Law Firm can evaluate the stop, requested testing, arrest, charging documents, and potential license consequences. We can also explain the distinction between the criminal case and administrative license revocation process.

After an arrest, important rights may include:

• The right to remain silent.
• The right against compelled self-incrimination.
• The right to consult an attorney before custodial questioning and to have an attorney present during questioning.
• The right against unlawful searches and seizures.
• The right to receive information about the charge.
• The right to seek bail when permitted by law.

Discuss Your Fort Worth DWI Case

A consultation can help you understand the allegation, evidence, driver-license concerns, and immediate legal deadlines. We provide personalized counsel based on the facts rather than treating every DWI arrest as the same case.

Attorney Navid Alband brings more than 18 years of criminal-law experience and a former prosecutor’s perspective to the evaluation of DWI charges.

Contact The Alband Law Firm today or call us at (817) 997-4366 to schedule a consultation with our DWI attorney in Fort Worth.