Criminal Defense — Georgetown, Texas
DWI Defense Attorney
Protecting your license, your record, and your future after a drunk driving arrest in Texas.
Arrested for DWI in Texas? The Next 15 Days Are Critical.
A DWI arrest in Texas triggers two separate legal battles: the criminal case in court and an administrative license suspension through the Texas Department of Public Safety. You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing — miss that deadline and your license is automatically suspended.
At Mark Morales & Associates, we handle both fights simultaneously. Our Georgetown-based DWI defense attorneys move quickly to request your ALR hearing, preserve critical evidence, and begin building your defense before the prosecution has a chance to solidify its case.
Texas DWI law is complex, and the consequences of a conviction are severe. Whether this is your first offense or you are facing a felony DWI charge, you deserve an attorney who knows the local courts, understands the science behind field sobriety tests and breathalyzers, and will fight aggressively on your behalf.
Williamson County DWI Jury Trials
Mark Morales Has Never Lost a DWI Jury Trial in Williamson County.
When a DWI case goes to trial in Williamson County, Mark Morales has a perfect record — zero losses. That is not a marketing claim. It is a courtroom fact built case by case, jury by jury, in the same county where your case will be heard. Mark knows the local judges, the prosecutors, and what it takes to win in front of a Williamson County jury. If your case can be won at trial, he will take it there.
Texas DWI Charges We Defend
Texas law defines DWI as operating a motor vehicle in a public place while intoxicated — meaning a blood alcohol concentration (BAC) of 0.08% or higher, or impaired by alcohol or drugs to the point of losing normal use of mental or physical faculties. The specific charge depends on your BAC, prior convictions, and the circumstances of the arrest.
- First Offense DWI (Class B Misdemeanor)
- DWI with BAC of 0.15% or Higher (Class A Misdemeanor)
- Second Offense DWI (Class A Misdemeanor)
- Third Offense DWI (3rd Degree Felony)
- DWI with Child Passenger (State Jail Felony)
- Intoxication Assault (3rd Degree Felony)
- Intoxication Manslaughter (2nd Degree Felony)
- DWI — Drugs / Controlled Substances (DUI/DUID)
Texas DWI Penalties at a Glance
Penalties escalate sharply with prior convictions, elevated BAC, and aggravating circumstances. These are statutory ranges — actual outcomes depend on the facts of your case.
| Charge Level | Example | Potential Penalty |
|---|---|---|
| 1st Offense (Class B Misd.) | BAC 0.08–0.14%, no priors | 72 hrs – 180 days jail; up to $2,000 fine; 90-day – 1-year license suspension |
| 1st Offense — High BAC (Class A Misd.) | BAC 0.15% or higher | Up to 1 year jail; up to $4,000 fine; 90-day – 1-year license suspension |
| 2nd Offense (Class A Misd.) | One prior DWI conviction | 30 days – 1 year jail; up to $4,000 fine; 180-day – 2-year license suspension |
| 3rd Offense (3rd Degree Felony) | Two or more prior DWI convictions | 2 – 10 years prison; up to $10,000 fine; 180-day – 2-year license suspension |
| DWI w/ Child Passenger (SJF) | Child under 15 in vehicle | 180 days – 2 years state jail; up to $10,000 fine |
| Intoxication Manslaughter (2nd Degree Felony) | Death of another person | 2 – 20 years prison; up to $10,000 fine |
Annual DPS Surcharges
Beyond fines and jail time, a Texas DWI conviction triggers annual surcharges through the Texas Driver Responsibility Program for three years: $1,000/year for a first conviction, $1,500/year for a second conviction, and $2,000/year if your BAC was 0.16% or higher. These surcharges are separate from any court-ordered fines and must be paid to maintain your driving privileges.
Consequences Beyond the Courtroom
A DWI conviction in Texas carries consequences that extend far beyond the sentence. You may face: mandatory installation of an ignition interlock device (IID) on your vehicle; significantly higher auto insurance premiums for years; difficulty obtaining or maintaining professional licenses; immigration consequences for non-citizens including deportation; loss of commercial driver's license (CDL) — often permanently; and a permanent criminal record that cannot be expunged if you are convicted. For a first offense, deferred adjudication is not available under Texas DWI law, making a strong defense from the outset essential.
How We Defend Your DWI Case
DWI cases are more defensible than many people realize. Law enforcement must follow strict procedures, and the science behind breathalyzers and field sobriety tests is far from infallible. Our attorneys scrutinize every step of the process.
Challenging the Traffic Stop
Police must have reasonable suspicion to pull you over. If the stop was unlawful — based on a hunch rather than articulable facts — any evidence gathered afterward may be suppressed, including breath and blood test results.
Field Sobriety Test Accuracy
Standardized field sobriety tests (walk-and-turn, one-leg stand, HGN) have known error rates and can be affected by medical conditions, fatigue, footwear, road conditions, and officer technique. We challenge the administration and interpretation of these tests.
Breathalyzer Reliability
The Intoxilyzer 9000 used in Texas requires proper calibration, maintenance, and operator certification. We subpoena maintenance records, calibration logs, and operator training files to identify any deficiencies that undermine the reliability of the breath test result.
Blood Test Chain of Custody
Blood draws must be performed by qualified personnel, stored properly, and tested using validated procedures. Any break in the chain of custody or deviation from protocol can render the blood test result inadmissible.
Rising BAC Defense
Alcohol continues to absorb into the bloodstream after you stop drinking. If your BAC was below the legal limit when you were driving but rose above 0.08% by the time you were tested, you may not have been legally intoxicated while operating the vehicle.
Negotiating Reduced Charges or Probation
When the evidence is strong, we negotiate aggressively for reduced charges, probation in lieu of jail time, or participation in a DWI education program that minimizes the long-term impact on your record and your life.
The ALR Hearing: Your License Is at Stake
When you are arrested for DWI in Texas and either fail or refuse a breath or blood test, the officer confiscates your license and issues a temporary driving permit valid for 40 days. You have 15 days from the date of arrest to request an ALR hearing with the Texas State Office of Administrative Hearings (SOAH). If you do not request the hearing, your license is automatically suspended — 90 days for a first failure, 180 days for a refusal. The ALR hearing is also a valuable opportunity to cross-examine the arresting officer under oath before the criminal trial, locking in testimony that can be used in your defense.
Frequently Asked Questions
Should I have refused the breath or blood test?
Texas has an implied consent law — by driving on Texas roads, you consent to chemical testing. Refusing a test results in an automatic 180-day license suspension (vs. 90 days for failing), and the refusal can be used against you in court. However, refusing also means the prosecution has no chemical test result, which can complicate their case. The right answer depends on the specific facts of your situation — call us immediately so we can advise you.
Can a DWI be expunged in Texas?
A DWI conviction cannot be expunged in Texas. However, if your case is dismissed or you are acquitted, you may be eligible for expunction. If you received deferred adjudication (not available for standard DWI, but available for some drug-related DUI charges), you may qualify for a non-disclosure order. This is another reason why fighting the charge — rather than accepting a plea — is so important.
Will I lose my job if convicted of DWI?
It depends on your profession. A DWI conviction can affect professional licenses (nursing, law, teaching, real estate), CDL holders, government employees, and anyone whose job requires driving. We work to minimize the impact on your career by pursuing the best possible outcome in your case.
What is an ignition interlock device?
An ignition interlock device (IID) is a breathalyzer installed in your vehicle that requires you to provide a breath sample before the car will start. Texas courts frequently order IID installation as a condition of bond, probation, or occupational license. Our attorneys work to minimize or eliminate IID requirements where possible.
How long will a DWI stay on my record?
A DWI conviction in Texas is permanent and cannot be expunged. It will appear on background checks indefinitely. This is why we fight every case as hard as possible — a dismissal, acquittal, or reduction to a lesser charge can make an enormous difference in your long-term future.
Treated Like Family. Defended Like Family.
Our Georgetown, Texas office serves clients throughout Williamson, Travis, and Bell counties. Call now — the clock is already running on your license.