A Fort Worth DUI lawyer can start protecting your license, your record, and your job well before your first court date. Texas charges adults with driving while intoxicated (DWI), while driving under the influence (DUI) applies to drivers under 21. If you are lying awake wondering what happens next, you are not alone, and you do not have to face this by yourself.
At Garcia, Garcia & Mullen Criminal Defense & Injury Lawyers, our DUI defense team represents adults charged with DWI and young drivers charged with DUI throughout Tarrant County. We act fast to protect your driving privileges, challenge the State's evidence, and pursue every option the law allows in your case. Call (214) 214-1000 today for a free case evaluation.
Prosecutors build intoxication cases from the same core pieces of evidence, and we start by taking those pieces apart. Our team requests body camera and dashcam footage, the officer's probable cause narrative, any blood warrant affidavit, and the lab records behind every test result. Gaps, delays, and inconsistencies in that material can change how a case should be defended.
Our criminal defense practice is led by an attorney who has worked on the defense side for his entire legal career. As our lead defense attorney's background shows, he is a second-generation state and federal criminal defense attorney and an inaugural member of the North Texas Federal Criminal Law American Inn of Court. He also belongs to the Texas Criminal Defense Lawyers Association and the National Association of Criminal Defense Lawyers.
We represent drivers arrested in Fort Worth from our Irving office, and Fort Worth is one of the communities we serve across North Texas. The license case, the criminal case, and any program application each go on our calendar from the first day.
Most people search for a DUI lawyer after an arrest, but Texas uses DWI for adult drivers. The two terms refer to separate offenses with separate standards and separate consequences.
Under Texas Penal Code § 49.04, a person commits DWI by being intoxicated while operating a motor vehicle in a public place. Section 49.01 defines intoxicated in two ways: An alcohol concentration of 0.08 or more, or the loss of normal mental or physical faculties from alcohol, drugs, or another substance.
That second definition means the State can file a DWI without any test number at all. In those cases, the officer's observations, the field sobriety tests, and the video become the core of the case, and each one can be examined.
Drivers under 21 face a different rule. Alcoholic Beverage Code § 106.041 makes it an offense for a minor to drive in a public place with any detectable amount of alcohol in the minor's system.
The same statute says that offense is not a lesser included offense of DWI. A young driver can still face a DWI charge when the evidence supports one. We also defend underage DUI charges for families who need answers quickly.
The penalty range depends on test results, prior convictions, and the circumstances of the stop. Under Chapter 49 of the Penal Code, common Fort Worth DWI charges carry the following exposure:
A conviction can also bring fines, probation conditions, and license consequences that last long after any confinement ends. Our Irving DWI page has a full breakdown of Texas DWI penalties, including license suspension periods.
Two systems start moving the moment you are arrested: The criminal court and the Department of Public Safety. Each one has its own rules and its own clock.
In Tarrant County, refusing a breath test does not necessarily end the testing question. The Tarrant County District Attorney's Office has publicly stated that the county is no refusal year-round. That means officers can seek a search warrant for a blood sample when a driver refuses a breath test.
According to the Texas Department of Public Safety (DPS), you have 15 days from the date the suspension notice is served to request an Administrative License Revocation (ALR) hearing. When DPS mails the notice after a blood test, the window is 20 days from the mailing date. If no hearing is requested, the suspension takes effect on the 40th day after notice.
DPS treats the ALR suspension as unrelated to the criminal DWI case, so a result in one does not decide the other. We file the hearing request early and treat the hearing as an early chance to examine how the stop and arrest were documented.
Tarrant County hears its criminal cases at the Tim Curry Criminal Justice Center, 401 W. Belknap Street in Fort Worth. The county has 10 county criminal courts for misdemeanors and 11 district courts for felony matters. Most first and second DWI charges are misdemeanors, while felony DWI cases go to district court.
Texas Department of Transportation crash data for 2024 counted 1,425 alcohol-involved crashes in Tarrant County, with 37 deaths and 104 suspected serious injuries. When an arrest follows a crash, we examine the crash report as closely as the breath or blood result.
Texas law offers a few routes that can limit the lasting damage of a DWI case. Each one carries strict eligibility rules, and some depend on decisions made in the first weeks.
Under Code of Criminal Procedure Article 42A.102, a judge may place a DWI defendant on deferred adjudication rather than entering a conviction. That option is unavailable if the driver held a commercial license, had an alcohol concentration of 0.15 or more, or faces an enhanced charge because of prior convictions.
Deferred adjudication also comes with conditions. Article 42A.408 generally requires an ignition interlock device during supervision. Section 49.09 also treats deferred adjudication as a prior conviction if you later face another DWI charge.
After deferred adjudication ends, some drivers can ask the court to limit public access to the record through an order of nondisclosure under Government Code § 411.0726. The requirements include completing deferred adjudication and having no prior conviction or deferred adjudication other than a fine-only traffic offense. The DWI also cannot have caused a crash involving another person, and the petition cannot be filed until 2 years after the court's discharge and dismissal.
Drivers facing a felony DWI because of prior convictions may qualify for the Felony Alcohol Intervention Program (FAIP). FAIP is a post-plea program that combines a 7-year sentence probated for 4 years, a 6-month or 1-year hard license suspension, treatment, and weekly compliance hearings. The county requires you to apply within 60 days of the case filing.
A first DWI is still a criminal charge, and the statute sets a 72-hour minimum term of confinement. A lawyer can request the ALR hearing on time, review the stop and testing, and evaluate whether deferred adjudication is realistic.
You can refuse, but Transportation Code § 724.035 sets a 180-day license suspension for a refusal. The period is 2 years if your record shows an alcohol- or drug-related enforcement contact in the previous 10 years, and officers may still seek a blood warrant.
Misdemeanor DWI charges filed in Tarrant County go to one of the county criminal courts at the Tim Curry Criminal Justice Center. Felony DWI cases are heard by the district courts that handle felony matters.
Not automatically. An eligible driver must file a nondisclosure petition, and the earliest filing date is 2 years after the court's discharge and dismissal.
If intoxication caused serious bodily injury to another person, the charge can become intoxication assault, a third-degree felony under Penal Code § 49.07. A death can lead to intoxication manslaughter, a second-degree felony, and deferred adjudication is not available for either charge.
Contact a lawyer as soon as you are released. The 15-day ALR deadline starts when the notice is served, and it's easier to protect video, lab records, and program deadlines early.
A DUI or DWI arrest in Fort Worth starts two cases and several deadlines at once. Our Fort Worth DUI lawyer team at Garcia, Garcia & Mullen Criminal Defense & Injury Lawyers is ready to protect your license, challenge the evidence, and fight for your record from day one.
Criminal defense attorney Lukas Garcia leads our criminal defense practice, and we explain your options plainly so you can make informed decisions. Call (214) 214-1000 or reach us through our contact form to schedule a free case evaluation.
Phone: (214) 214 1000
Phone: (214) 214 1000
