By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: Should I fight my DWI in Texas? The short answer: In almost every case, yes. A DWI conviction in Texas carries lifelong collateral consequences that extend far beyond the courthouse including background checks, professional licensing, security clearances, commercial driving privileges, insurance, immigration status, […]
Category Archives: DWI Defense
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: How long does a DWI stay on my record in Texas? The short answer: Forever, unless it is sealed or expunged. Texas does not automatically remove DWI convictions or DWI arrests from your criminal history record after any waiting period. A DWI conviction […]
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: What happens at my first DWI court date in Texas? The short answer: Your first court date in a Texas DWI case is usually an arraignment or initial setting which is an administrative appearance where the court confirms the charges, confirms you have […]
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: What is an ALR hearing, and do I need one? The short answer: An ALR hearing is an administrative proceeding to determine whether the Texas Department of Public Safety can suspend your driver’s license after a DWI arrest. It is separate from your […]
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: What are the penalties for a first DWI in Texas? The short answer: A first-offense DWI in Texas is typically a Class B misdemeanor carrying up to 180 days in jail, a fine of up to $2,000, and a driver’s license suspension between […]
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: Can I get deferred adjudication for a DWI in Texas? The short answer: Sometimes. Deferred adjudication for DWI was unavailable in Texas for decades until HB 3582 passed in 2019. Today, deferred adjudication is available only for first-offense DWI cases where the driver’s […]
A DWI arrest is a Class B misdemeanor. The moment someone is seriously injured in the same accident, it becomes a third-degree felony. The moment someone dies, it becomes a second-degree felony. That escalation (from misdemeanor to felony, from probation-eligible to mandatory minimum) happens because of two words in the statute: serious bodily injury, and […]
On December 29, 2024, Brianna Longoria (a California woman in Phoenix for her wedding) was pulled over, arrested for DUI, and booked into jail. Her breathalyzer result: triple zeros. Her blood test: zero alcohol, zero drugs. The red light violation that justified the stop: later voided by the arresting officer herself after reviewing body camera […]
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: Can I refuse a breath test in Texas? The short answer: Yes. You can legally refuse a breath test in Texas after a DWI arrest, but refusal carries consequences under the state’s implied consent law including an automatic driver’s license suspension and the […]
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: Can a DWI blood test be wrong? The short answer: Yes. Blood alcohol and blood drug testing is presented to juries as the gold standard of forensic evidence, but every step between the needle and the laboratory report is a potential source of […]