At Barbieri Law Firm, P.C., our DWI lawyers defend clients across Texas against serious driving while intoxicated allegations. Since 2000, the firm has handled cases where a client’s license, record, career, and reputation are all at risk at the same time.
A Texas DWI arrest creates two immediate problems.The criminal case and a separate administrative license suspension. The license issue moves quickly, often within 15 days of arrest, so waiting for the first court date can put your driving privileges at risk before the criminal case begins.
DWI defense means challenging every part of the state’s case, including the traffic stop, probable cause, field sobriety testing, breath or blood evidence, arrest procedures, and body camera footage. For many, the stakes can also include job consequences, licensing concerns, immigration issues, and reputational harm.
Barbieri Law Firm, P.C. moves quickly to preserve evidence, scrutinize police work, prepare for trial, and protect sensitive personal and professional concerns. If you are facing a first-time DWI or a high-stakes felony allegation, early strategy can shape the evidence, the narrative, and the options available.
Case Result
Charges
- DWI– 2nd Offense (Class A Misdemeanor)
Outcome
Charge reduced — client avoided mandatory jail time and the severe penalties of a second DWI conviction.
Potential Sentence
Up to 1 year in jail + license suspension
How We Won
We took a proactive, strategic approach from day one, guiding our client to begin education and treatment early while carefully challenging the State’s narrative. By presenting strong mitigation and negotiating from a position of preparation, we secured a reduction to a Class B misdemeanor with no mandatory jail time. The client avoided the most severe consequences of a second DWI and moved forward without incarceration.
Our DWI Services in Texas
- DWI defense
- First DWI defense
- Second DWI defense
- Felony DWI defense
- Drug DWI defense
- Breath test challenges
- Blood test challenges
- ALR hearing support
- License suspension defense
- Reputation protection
Facing charges? Talk to a Frisco defense attorney today.
What Happens After a DWI Arrest in Texas
In the days after an arrest, several things may happen:
- Booking and bond: You are processed at jail and held until bond and release conditions are set
- License suspension notice: Officers may serve a Notice of Suspension, which starts the license deadline
- ALR hearing deadline: An Administrative License Revocation hearing generally must be requested within 15 days, or the suspension may begin automatically
- First court setting: An arraignment or initial appearance is usually scheduled within weeks
- Evidence preservation: Dash cam, body cam, blood records, and breath machine logs may need to be secured quickly
Early action gives the defense more control. Getting counsel involved before the ALR deadline, before evidence disappears, and before the case fully develops can help protect your license, record, and options.
Why Choose Barbieri Law Firm, P.C. for DWI Defense in Texas
Board Certified in Criminal Law
Heather Barbieri is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a credential held by under 1% of Texas attorneys. She has been licensed to practice in Texas since 1998, with criminal defense as her listed practice area.
In-House Investigation Team
Our investigator works alongside the legal team from day one, reconstructing timelines and pressure-testing the traffic stop, field sobriety tests, and breath or blood evidence faster than firms relying on outside vendors.
Whole-Team Case Strategy
Every DWI is dissected as a group. Collaborative prep means more angles, sharper arguments, and fewer missed openings.
In-House Reputation Management
We defend the case and the client’s life. Our internal PR support helps manage media exposure and protect professional standing during and after the matter.
Concierge-Level Access and Discretion
Caseloads stay intentionally limited so you get direct attorney access, consistent updates, and the privacy these stakes demand.
Understanding Texas DWI Penalties and High-Stakes Consequences
Texas treats DWI charges seriously, and a conviction can create consequences beyond the sentence, including license suspension, ignition interlock, SR-22 insurance, probation conditions, professional licensing review, CDL disqualification, and reputational harm.
Common DWI penalties include:
- First DWI: Usually a Class B misdemeanor, with possible jail time, fines up to $2,000, license suspension, and possible ignition interlock. A BAC of 0.15 or higher can raise the charge to a Class A misdemeanor.
- Second DWI: Class A misdemeanor, with up to one year in jail, fines up to $4,000, longer license suspension, and mandatory ignition interlock.
- Third DWI: Third-degree felony, with 2 to 10 years in prison, fines up to $10,000, and a permanent felony record.
- DWI with a Child Passenger: State jail felony if a passenger under 15 is in the vehicle, with possible CPS involvement.
- CDL-Related DWI: Commercial drivers can face a one-year CDL disqualification for a first offense and lifetime disqualification for a second, even if the arrest happened in a personal vehicle.
- Intoxication Assault: Third-degree felony when intoxicated driving causes serious bodily injury.
- Intoxication Manslaughter: Second-degree felony when intoxicated driving causes death, with potential prison exposure of 2 to 20 years.
For executives, physicians and other licensed professionals, the collateral consequences may be as serious as the criminal penalties. A strong defense should account for the full impact on your license, career, record, and reputation.
How a DWI Case Can Be Challenged
Every DWI case has pressure points, and a careful review may reveal weak evidence, procedural errors, or constitutional issues that can be challenged.
Common defense issues include:
- Whether the officer had reasonable suspicion for the stop
- Whether probable cause supported the arrest
- Field sobriety test conditions, including lighting, weather, footwear, medical issues, or uneven pavement
- Officer training and compliance with standardized DWI testing procedures
- Breath test maintenance, calibration, and operator credentials
- Blood draw procedures, warrant validity, and chain of custody
- Lab issues such as contamination, fermentation, or testing error
- Medical conditions that can mimic intoxication
- Body cam, dash cam, or station video that contradicts the report
- Witness statements, paperwork gaps, or inconsistencies in the investigation
Under Texas law, unlawfully obtained evidence may be excluded. Whether suppression applies depends on the facts, the investigation, and how the evidence was obtained.
About Barbieri Law Firm, P.C.
Barbieri Law Firm, P.C. opened its doors in 2000 to represent Texans facing serious criminal allegations where both the outcome and the client’s reputation are on the line.
The firm focuses on high-stakes criminal defense, including DWI cases that threaten careers, professional licenses, and public standing.
What sets the firm apart is the depth of resources brought to every case. An in-house investigation team works alongside the legal team from day one, reconstructing timelines, examining forensic evidence, and identifying weaknesses in the state’s case.
In-house reputation management helps clients protect their professional and personal standing during and after the matter, a service rarely offered by defense firms.
Caseloads are kept small by design. Clients get direct attorney access, clear communication, and the discretion their situation demands.
Our Process for Texas Clients
1. Confidential Case Review
We start with a private consultation to understand the facts, the stakes, and your priorities.
2. Immediate Deadline Check
We flag every critical deadline, including the 15-day ALR window to request a hearing and protect your license.
3. Evidence Preservation
Our in-house investigator secures dash cam, body cam, surveillance, and witness statements before they disappear.
4. Stop and Testing Analysis
We dissect the traffic stop, field sobriety tests, and breath or blood testing for procedural and scientific flaws.
5. Defense Strategy Meeting
The team meets with you to walk through findings, options, and a clear plan forward.
6. Court and ALR Preparation
We prepare for criminal court appearances and the administrative license hearing in parallel.
7. Negotiation or Trial Readiness
Every case is built as if it is going to trial, which strengthens our position in any negotiation.
8. Reputation and Record Strategy
Our in-house team manages media exposure, professional licensing concerns, and post-case record relief options.
Frequently Asked Questions About DWI in Texas
If I refused the breathalyzer at the scene in Texas, can they still charge me with DWI and will my license be suspended automatically?
Yes, Texas police can still charge you with DWI even if you refuse the breath or blood test. Under the Texas implied consent law, refusing triggers an automatic 180-day license suspension through the Administrative License Revocation (ALR) process. You have only 15 days from the arrest to request an ALR hearing, and missing that window means the suspension takes effect automatically.
Will a first-time DWI in Texas show up on background checks for my professional license or security clearance?
Yes. A DWI arrest in Texas creates a public record the moment you are booked, and a conviction stays on your criminal history permanently unless you qualify for non-disclosure. Licensing boards for doctors, nurses, attorneys, pilots, teachers, and financial professionals require self-reporting, and federal security clearance reviews flag both arrests and convictions.
How is a Class B misdemeanor first DWI different from a DWI with a BAC of 0.15 or higher in Texas?
A standard first-offense DWI in Texas is a Class B misdemeanor with up to 180 days in jail and a fine up to $2,000. If your BAC was 0.15 or higher at the time of testing, the charge bumps up to a Class A misdemeanor with up to one year in jail and fines up to $4,000. The higher charge also typically requires an ignition interlock device as a condition of bond and probation.
Can I get a DWI in Texas for sleeping in my parked car if I had been drinking?
Yes, and this surprises many people. Texas DWI law requires the state to prove you were operating a motor vehicle, but operating has been interpreted broadly by Texas courts. Sitting in the driver’s seat with the keys in the ignition, the engine running, or even the heat on can be enough for an officer to make an arrest.
What is deferred adjudication for DWI in Texas and is it actually a good deal?
Texas changed its law in September 2019 to allow deferred adjudication for first-time DWI offenders, but only if the BAC was below 0.15 and certain other conditions are met. Deferred adjudication means you complete probation without a formal conviction on your record, which can help with employment and licensing. However, the arrest still appears on background checks unless you later petition for non-disclosure, and any new offense during the deferred period can trigger the original DWI penalties.
How long does a DWI case actually take to resolve in Collin or Denton County?
Most Texas DWI cases take six months to over a year to resolve, depending on the county, the complexity of the evidence, and whether you take the case to trial. Collin County and Denton County courts have heavy dockets, and blood test results from the DPS lab can take three to six months to come back. Cases involving accidents, injuries, or felony enhancements take longer.
If I was arrested for DWI but the officer never read me my Miranda rights, will my case be dismissed?
Probably not, and this is one of the most common misconceptions. Miranda warnings only apply to statements made during custodial interrogation, meaning after arrest and in response to police questioning. Most of the evidence in a DWI case, including driving behavior, field sobriety tests, and breath or blood results, is gathered before formal interrogation begins.
Can a DWI charge in Texas be reduced to obstruction of a highway or reckless driving?
Yes, in some cases prosecutors will agree to reduce a DWI to obstruction of a highway passageway, which is a Class B misdemeanor without the lifelong DWI label and licensing consequences. Counties across North Texas vary widely in how willing they are to offer this reduction. The leverage to negotiate a reduction usually comes from a defense team that has identified real problems with the state’s case.
What Customers Say About Barbieri Law Firm, P.C. in Texas
“From the top down everyone here is professional and 100% engaged in assisting you and fighting for you until the end.” – Sailingman
Defense at this firm is a team effort. Every member stays involved and accountable through the final ruling.
“She was extremely helpful through the whole process as I was clueless on what to do and felt I had nowhere to turn.” – Nikhil Patel
Many clients arrive overwhelmed and unsure. This review shows the calm, steady guidance the team provides when direction matters most.
“They care about you and your reputation and will not back down.” – Lisa Greenberg
Reputation protection is built into every case. The team defends both the record and the life behind it.
“You will sleep easier and know you are represented by the best.” – Lisa Greenberg
For families facing high-stakes charges, peace of mind is rare. This feedback reflects the confidence clients gain once the team takes over.
Local Resources For DWI in Texas
- Texas Department of Public Safety – Administrative License Revocation Program
- Texas Department of Public Safety – Driver License Reinstatement/License Eligibility
- Texas Department of Public Safety – Occupational Driver License
- Texas Office of Administrative Hearings – ALR Hearings
- Texas Department of Transportation – Impaired Driving/DWI Information
- Texas Department of Licensing and Regulation
- Texas Department of Criminal Justice – Community Supervision/Parole
- Dallas County Criminal District Courts
- Dallas County District Clerk
- Tarrant County Criminal District Courts
- Tarrant County District Clerk
- Collin County District Clerk – Criminal Division
- Denton County District Clerk
- Harris County Criminal Courts at Law/Criminal District Courts
- Travis County Criminal Courts
- Bexar County Criminal District Courts
- Fort Bend County District Clerk
- Montgomery County District Clerk
- Williamson County District Clerk
- Hays County District Clerk
Talk to Us Today
If you are facing a DWI in Texas, the next 72 hours matter. Evidence fades, ALR deadlines pass, and early decisions shape everything that follows.
Contact Barbieri Law Firm, P.C. for a confidential consultation before deadlines and evidence issues become harder to manage. Call to speak with our team directly.
