Fort Worth Multiple DWI Lawyers

ALR and License Consequences — Stacking Suspensions

The Administrative License Revocation consequences of a second or third DWI stack with the criminal-court suspension:

• Failed test (BAC 0.08 or higher): 1-year ALR suspension on a second failed test; 2-year suspension on a refusal after a prior suspension.
• Refusal: 2-year ALR suspension after a prior ALR suspension.
• Criminal conviction suspension: 180 days to 2 years (2nd DWI); 1 to 2 years (3rd DWI).

How Multiple DWI Cases Are Defended

Attacking the Priors

A prior that cannot be proved cannot enhance. Challenges to the predicate convictions (jurisdiction, defective plea waivers, inadequate admonishments, identity, and prior-judgment reliability) can reduce a second DWI to first-offense treatment or a third DWI to misdemeanor treatment. For defendants with very old priors, defective judgment paperwork is a recurring issue.

Forensic Challenges on the Current Case

Ethanol analysis in Texas is performed by headspace GC-FID. Drug analysis (for cases involving both alcohol and drug allegations) is performed by LC-MS/MS. Chain of custody, preservative balance, calibration, column chemistry, and measurement uncertainty are all contestable. 

Fourth Amendment and Article 38.23 Suppression

Repeat-DWI cases are subject to the same constitutional protections as first-offense cases. Stops, field sobriety testing, arrests, and blood warrants must comply with the Fourth Amendment and Texas Code of Criminal Procedure Article 38.23. Suppression motions frequently dispose of cases that would otherwise result in substantial prison sentences.

ALR as Discovery

Requesting the ALR hearing and taking the arresting officer’s testimony under oath months before the criminal case reaches its first setting produces discovery that shapes the criminal defense strategy (and sometimes produces admissions or inconsistencies that defeat the state’s criminal case).

Sentencing Mitigation on Felony Cases

When conviction on a third DWI is likely, the defense shifts to mitigation such as treatment compliance, employment stability, family responsibilities, and rehabilitation evidence that can produce probation rather than prison, and when prison is unavoidable, a sentence at or near the minimum.

Where Tarrant County Multiple DWI Cases Are Heard

Second DWI misdemeanor cases are filed in the Tarrant County Criminal Courts at the Tim Curry Criminal Justice Center, 401 West Belknap Street, Fort Worth. Third-or-subsequent felony DWI cases are filed in the Tarrant County District Courts, also at the Tim Curry CJC. The Tarrant County Criminal District Attorney’s Office (led by Phil Sorrells) prosecutes all criminal cases in Tarrant County, both felony and misdemeanor.

Frequently Asked Questions

How long do priors count against me?

Forever. Texas repealed its DWI lookback period in 2005. A 25-year-old DWI conviction enhances today’s case the same as a 2-year-old one. Out-of-state DWI, DUI, OUI, and OWI convictions also count under Penal Code § 49.09(c).

Can I get probation on a second or third DWI?

Probation is available on both. But the Penal Code § 49.09(h) mandatory jail minimums attach to probation: 72 hours to 30 days on a second DWI; 10 days on a third DWI. These minimums are statutory, not negotiable, and not waivable.

Is a third DWI a felony?

Yes. A third DWI under Penal Code § 49.09(b)(2) is a third-degree felony with a punishment range of 2 to 10 years in the Texas Department of Criminal Justice and a fine up to $10,000. A prior Intoxication Manslaughter or Intoxication Assault conviction will also elevate a current DWI to third-degree felony.

What’s the worst-case sentence on a fourth DWI?

Depending on the defendant’s prior felony record, a fourth DWI can be enhanced under Penal Code § 12.42(a) to second-degree felony (2 to 20 years) or under § 12.42(d) to habitual-offender (25 years to life). Habitual-offender enhancements in DWI cases are rare but very real.

My out-of-state DWI shouldn’t count, should it?

Generally yes, it counts. Penal Code § 49.09(c) specifically includes “an offense under the laws of another state that prohibits the operation of a motor vehicle while intoxicated.” Whether a specific out-of-state conviction qualifies is a legal question that depends on the elements of the other state’s statute. Some out-of-state convictions can be successfully challenged as non-enhancing, but the default is that they count.

Is interlock mandatory?

Yes. Under CCP Article 17.441, interlock is mandatory as a condition of bond on any second-or-more DWI case. Interlock is also typically required as a condition of any occupational license issued during the license suspension period. For many repeat-DWI defendants, interlock becomes a multi-year reality.

About Deandra Grant Law

Deandra Grant Law is a Texas criminal defense firm with offices in Fort Worth, Dallas, Allen, Denton, Waco, and Rockwall. Our DWI practice is deep on the repeat-offender side where the forensic detail and the procedural defenses matter most.

Deandra M. Grant, Managing Partner

• More than 30 years in practice, focused on criminal defense and DWI
• Former prosecutor
• J.D.; M.S. in Pharmaceutical Sciences
• Graduate Certificate in Forensic Toxicology
• ACS-CHAL Forensic Lawyer-Scientist from the American Chemical Society
• Standardized Field Sobriety Test (SFST) Instructor
• Texas Super Lawyer since 2011
• Author of 17 law books including The Texas DWI Manual
• AV Preeminent rated by Martindale-Hubbell
• Executive Director, DUI Defense Lawyers Association (DUIDLA)

Douglas E. Huff, Partner

• ACS-CHAL Forensic Lawyer-Scientist
• Digital forensics and electronic evidence training
• Extensive Texas trial experience

James Lee Bright, Of Counsel

• National federal criminal defense practice
• Admitted to all four Texas federal districts (including the Northern District of Texas, which covers Tarrant County), the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States

Contact Our Fort Worth Multiple DWI Attorneys

Multiple-DWI cases reward defense preparation more than almost any other criminal case. The priors must be investigated (they are frequently not what the state represents them to be). The current case must be forensically challenged. The ALR must be preserved and litigated. The § 49.09(h) mandatory minimums must be planned around in every scenario. Probation must be pursued with mitigation that addresses the pattern, not just the incident. This is forensic, procedural, and long-view defense work and not the kind of case where a quick plea protects the defendant’s interests.

Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Fort Worth, Arlington, North Richland Hills, Mansfield, Southlake, Grapevine, and all of Tarrant County from our Fort Worth office.