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Texas DWI Manual
By Attorney Deandra Grant
Fighting DWI charges can present many challenges, not only for the defense, but prosecutors as well. This is why it is important to be armed with the necessary knowledge so you understand the DWI process.
Attorney Deandra M. Grant is the co-author of the Texas DWI Manual, offering legal advice to both clients and fellow attorneys.
Learn More⏰ THE 15-DAY ALR DEADLINE — ACT NOW
You have 15 days from notice of suspension to request an ALR hearing. Miss this deadline and your license is automatically suspended, regardless of what happens in the criminal case.
Waco DWI Attorneys
Waco and McLennan County have their own enforcement landscape, their own courts, and their own prosecution approach. DWI arrests in the area come from Waco PD, the McLennan County Sheriff’s Office, DPS troopers, and the departments serving Hewitt, Woodway, Bellmead, Lorena, and the other cities across McLennan County which all feed into the McLennan County District Attorney’s Office and a single courthouse.
Deandra Grant Law’s Waco office is located at 605 Austin Ave., Suite 5 which is across the street from the McLennan County Courthouse at 501 Washington Ave. Managing Partner Deandra Grant has been defending DWI cases for more than 30 years. She holds a Master’s Degree in Pharmaceutical Science and the ACS-CHAL Forensic Lawyer-Scientist designation. Partner Douglas Huff holds the same designation.
How Waco DWI Cases Actually Work
Both misdemeanor and felony DWI cases in McLennan County are heard at the McLennan County Courthouse, 501 Washington Ave., Waco, TX 76701. Misdemeanor DWI cases are heard in the County Courts at Law. Felony DWI cases (third or subsequent offenses, DWI with a child passenger, intoxication assault, and intoxication manslaughter) go to the district courts in the same building.
Blood draw analysis. Blood draws in Waco DWI cases are typically sent to Texas DPS crime labs for analysis. The specific DPS lab used may vary depending on case type and capacity. In alcohol DWI cases, the analysis uses headspace gas chromatography. In drug impairment cases, specimens may be sent to the DPS Austin lab, Armstrong Forensic Laboratory, or NMS for drug identification and quantification. The laboratory’s methodology, chain of custody documentation, preservative adequacy, and analyst qualifications are all subject to forensic examination.
The ALR hearing (the administrative license revocation proceeding that runs parallel to the criminal case) must be requested within 15 days of notice of suspension. Missing that deadline means an automatic suspension regardless of the criminal outcome. The ALR hearing is also a strategic asset: sworn testimony from the arresting officer taken at the ALR creates a record that can be used in the criminal case.
DWI Penalties in Texas
First DWI (Class B Misdemeanor)
Up to 180 days in county jail, fine up to $2,000, license suspension up to one year. Deferred adjudication is not available for DWI in Texas.
Second DWI (Class A Misdemeanor)
30 days to one year in jail, fine up to $4,000, license suspension up to two years. A 30-day mandatory minimum jail sentence applies even when probation is granted.
Third DWI (Third Degree Felony)
2 to 10 years in prison, fine up to $10,000, license suspension up to two years. The first offense level at which a DWI becomes a permanent felony conviction.
DWI with a Child Passenger (State Jail Felony)
180 days to 2 years in state jail, fine up to $10,000. A child under 15 in the vehicle triggers this enhancement regardless of the driver’s BAC.
Intoxication Assault (Third Degree Felony)
2 to 10 years, fine up to $10,000.
Intoxication Manslaughter (Second Degree Felony)
2 to 20 years, fine up to $10,000. Under Texas Code of Criminal Procedure Article 42.0375 (“Bentley’s Law”), if the deceased was the parent of a minor child, the court must order monthly child support restitution for that child until they turn 18 or graduate high school. Learn more about intoxication manslaughter and Bentley’s Law.
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What the Defense Examines in Every Case
No two DWI cases are identical, but every serious defense review covers the same ground:
The Stop
Was there reasonable suspicion to pull you over? Under Texas Code of Criminal Procedure Article 38.23 , evidence obtained through an unlawful stop is suppressible and Texas has no good faith exception. A successful suppression motion eliminates everything that followed the stop including the chemical test.
The Field Sobriety Tests
The HGN, Walk and Turn, and One Leg Stand were validated under controlled conditions that rarely match roadside reality. Deandra Grant is a trained SFST instructor. Cross-examination of SFST evidence goes beyond legal argument into the science of how these tests are supposed to be conducted and scored.
The Chemical Test
In Waco DWI cases, blood evidence is analyzed by Texas DPS crime labs using headspace gas chromatography. Understanding the specific protocols, calibration records, and potential sources of error in that methodology is the starting point for any blood test challenge. If your case involves a blood draw, the chain of custody, preservative adequacy, in vitro fermentation risk, and laboratory methodology are all examined. If it involves a breath test, the Intoxilyzer 9000’s calibration records and the observation period are reviewed.
The Timeline
If you consumed alcohol close to the time of driving, the rising BAC defense may apply: your BAC at the time of the test may be higher than it was when you were behind the wheel. Evaluating that argument requires pharmacokinetic analysis which is the kind that a Master’s Degree in Pharmaceutical Science makes possible.
Talk to a Waco DWI Attorney Who Is Directly Across the Street
Deandra Grant Law’s Waco office is at 605 Austin Ave., Suite 5 which directly across the street from the McLennan County Courthouse. We regularly appear in McLennan County, with more than 30 years criminal defense experience and across more than 500 trials to verdict. We know the DA’s office, the DPS labs that process Waco DWI blood evidence, and the courts.
Call (214) 225-7117 for a confidential consultation. The 15-day ALR deadline starts running from the date of your arrest. Don’t wait.
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Frequently Asked Questions (FAQs) for Those Recently Arrested for DWI in Waco, TX
Facing a DWI arrest can be overwhelming, and you likely have many questions about the legal process, potential consequences, and how to protect your rights. As experienced DWI Attorneys at Deandra Grant Law – Criminal & DWI Defense, we understand your concerns. Below are some common questions asked by individuals who were recently arrested for DWI in Waco, TX, along with our informative answers:
If you have been arrested for DWI in Waco, it’s essential to seek legal representation as soon as possible. Contacting a skilled DWI Attorney at Deandra Grant Law – Criminal & DWI Defense will ensure that your rights are protected, and we can begin building a strong defense for your case.
The consequences of a DWI conviction in Waco can be severe and may include fines, jail time, suspension of your driver’s license, mandatory DWI education programs, and a permanent criminal record. These penalties can have long-lasting effects on your personal and professional life.
Yes, it is possible to challenge the results of a breathalyzer or blood test. Our skilled DWI Attorneys at Deandra Grant Law – Criminal & DWI Defense have the expertise to examine the accuracy and reliability of the chemical tests used in your case. We may challenge the calibration of the testing equipment, the qualifications of the testing personnel, or the handling of the samples.
Every DWI case is unique, and the right course of action will depend on the specific circumstances of your arrest. Pleading guilty without consulting an attorney can have severe consequences. At Deandra Grant Law – Criminal & DWI Defense, we offer a free consultation to evaluate your case and determine the most appropriate defense strategy for you.
A DWI conviction in Waco, TX, can result in the suspension of your driver’s license. However, our team can help you navigate the administrative process and work to protect your driving privileges.
In Texas, a DWI conviction cannot be expunged from your criminal record. It will remain on your record permanently. However, our experienced DWI Attorneys can help you explore other legal options to minimize the impact of a DWI conviction.
At Deandra Grant Law – Criminal & DWI Defense, we have a team of skilled DWI Attorneys with extensive experience in handling DWI cases in Waco, TX. We will review the details of your arrest, challenge any weaknesses in the prosecution’s case, and fight tirelessly to pursue a positive outcome for your case.
Client Reviews
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“Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”
N. Coulter

(214) 225-7117
Experienced DWI Defense
