Dallas DUI Defense Lawyer

Driving While Intoxicated (DWI)
You might receive letters from attorneys offering to handle your DWI case for a few hundred dollars, but if you hire them, you may get less than you deserve. Any lawyer can enter a guilty plea on your behalf. DWI charges are serious and carry long-term negative consequences. The lawyers of Clancy & Clancy have concentrated in criminal defense and DWI defense.

Most attorneys start talking about a plea bargain at the first meeting. Few attorneys actually take DWI cases to trial before a judge, and even fewer have tried DWI cases to a jury. The Clancy & Clancy defense attorneys prepare every case as if it were going to trial.

What is a DWI?
DWI is defined as any person of any age operating a motor vehicle in a public place while intoxicated. You are deemed intoxicated if you do not have normal use of your mental and/or physical facilities because of alcohol and/or drugs in your body and/or if you have a blood alcohol concentration of at least 0.08.

The definition of intoxication is typically the most contested issue in a DWI trial. The lawyers at Clancy & Clancy know how to cross-examine the state’s witnesses and will scrutinize the evidence on this technical issue.

In addition to a breath or blood test, the officer will ask you to perform field sobriety tests. You have the right to refuse the breath and/or blood test and any field sobriety tests. You can be assured that the officer will have an in-car video recorder that will videotape you. Anything you do or say can be used against you in court. The field sobriety tests have not been found to be accurate determinations of intoxication. Many factors can cause a person to fail these standardized tests, which must be administered as stated in the National Highway Traffic and Safety Administration manual. The lawyers at Clancy & Clancy will scrutinize these procedures as performed in your arrest.

What will happen to my driver’s license after the DWI arrest?
If you provide a breath and/or blood test, your driver’s license may be suspended for 90 days. If you refuse to provide a breath and/or blood test, your driver’s license may be suspended for 180 days.

ALR Hearing
You have the right to contest a driver’s license suspension within 15 days of being arrested for a DWI. If you do so, you will keep your driver’s license while you await your ALR hearing date. At the hearing, a judge will determine if the police officer had reasonable suspicion to stop your vehicle and probable cause to make the arrest. If the judge finds in the state’s favor, your driver’s license will be suspended at that time according to the statutory requirements.

Occupational Driver’s License
If your driver’s license is suspended, you may be eligible for an occupational driver’s license, which allows you to drive 12 hours per day, seven days a week, for travel to work, school and household duties. Therefore, you will never lose the ability to drive! The lawyers at Clancy & Clancy will inform you if you qualify for an occupational driver’s license.

What is the punishment for a DWI conviction?
1st offense: Class B misdemeanor
3 to 180 days in county jail; $0–$2,000 fine
2nd offense: Class A misdemeanor
30 days to 365 days in county jail; $0–$4,000 fine
3rd or higher offense: Third-degree felony
2 to 10 years in the Texas Department of Corrections (prison); $0–$10,000 fine

If given the option of probation for any level of DWI offense, there will be several conditions. These may include an interlock device on your vehicle, community service, monthly reporting, monthly fees, a DWI education class, a victim-impact panel, a drug/alcohol evaluation, random drug/alcohol testing and additional fines.

CLASS C ALCOHOL-RELATED OFFENSES
A class C offense in Texas does not require any jail time but does carry a maximum fine of $500. The following are the most common alcohol-related offenses.

1) Driving Under the Influence (DUI)
In Texas, a person younger than 21 years of age who operates a motor vehicle in a public place while having any detectable amount of alcohol on his or her breath may be charged with a DUI. This may be determined by a breath test or the officer’s opinion that he or she smelled alcohol on your breath. You do not have to be intoxicated to be charged with a DUI.

Driver’s License Suspension for a DUI
- If you give a breath or blood test or are not offered a test: 60 days
- If you refuse to give a breath or blood test: 180 days

ALR Hearing
You have the right to contest a driver’s license suspension within 15 days of being arrested for a DUI. If you do so, you will keep your driver’s license while you await your ALR hearing date. At the hearing, a judge will determine if the police officer had reasonable suspicion to stop your vehicle and probable cause to make the arrest. If the judge finds in the state’s favor, your driver’s license will be suspended at that time according to the statutory requirements.

Occupational Driver’s License
If your driver’s license is suspended, you may be eligible for an occupational driver’s license, which allows you to drive 12 hours per day, seven days a week, for travel to work, school and household duties. Therefore, you will never lose the ability to drive! The lawyers at Clancy & Clancy will inform you if you qualify for an occupational driver’s license.

What is the punishment for a DUI conviction?
1st and/or 2nd offense: Class C misdemeanor
$0–$500 fine; alcohol class; community service hours
- Deferred disposition probation is an option.

2) Public Intoxication
A person of any age who appears in a public place while intoxicated to the degree that the person may endanger himself or herself or another person may be charged with public intoxication. A public place is defined as any place to which the public or a substantial group of the public has access and includes streets, highways, sidewalks and the common areas of schools, hospitals, apartment buildings, office buildings, transport facilities and shopping areas.

3) Minor in Possession of Alcohol (MIP)
A person under age 21 who posses alcohol. However, it is legal to possess alcohol if you are acting within the scope of your employment, within the visible presence of a parent or under the supervision of a police officer. If convicted, a first or second offense carries a fine up to $500. The third offense carries a fine up to $2,000 and a sentence of up to 180 days in jail.

Driver’s license suspension for a conviction of any of these Class C offenses:
1st offense — 30 days
2nd offense — 60 days
3rd offense — 180 days

We represent clients throughout Texas, including cities in Collin, Dallas, Denton, Ellis, Kaufman, Parker, Rockwall and Tarrant counties.

Contact Us — Today — 214-740-9955

Tell Us About Your Case:

Law Offices of Clancy & Clancy*
3131 McKinney Ave.
Suite 800
Dallas, TX 75204
ph: 214-740-9955
fax: 214-740-9912