Driving While Intoxicated: THE LAW

First time DWI offenses are classified as either Class A or Class B Misdemeanors, depending on the BAC (blood/breath alcohol concentration). However, just because they’re Misdemeanors does not mean they aren’t punished seriously. Punishment for a first time driving while intoxicated offense can include:

  • Up to 1 year in jail
  • Up to a $4,000 fine
  • A Texas Driver’s License suspension

As a result of these punishments hiring an attorney with experience in DWI is of upmost importance. Call us now! (956) 420-4DWI

How the State of Texas Prosecutes DWI

To successfully defend against a DWI prosecution an attorney must understand how the State prosecutes DWI. As former prosecutors, the attorneys at Rogers & Greehey, PLLC possess the experience required to defend a DWI charge.


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The first place to start is with the initial DWI arrest. If an officer pulls you over they must have a valid reason to do so. Officers typically have video recording devices, most often these are used to gather evidence against you. However, sometimes you there can be exculpatory evidence on the video. For example, if you in fact did not commit a traffic violation, the case should be dismissed. If the stop is bad the rest of the investigation is bad too!

After LEGALLY pulling you over the officer must have probable cause to arrest you. Typically they begin their investigation by asking you basic questions. Where are you coming from? Where are you going? Do you know why I pulled you over? HOW MUCH DID YOU HAVE TO DRINK? The officer will then mention he smells the odor of alcoholic beverages on your breath or person. After this brief conversation the officer will ask you to perform Field Sobriety Tests. You have every right to refuse these tests and it’s best that you do. Because the officer’s DWI investigation includes recording you (remember evidence), giving the State as little evidence as possible is the best strategy.

If you refuse Field Sobriety Tests, or if the officer determines that you did not perform well on them, you may next be arrested for DWI. Once arrested you will be read a document called a DIC-24. This document explains the consequences of refusing a breath/blood test. It also explains the consequences of providing a sample of your breath/blood that’s higher than .08. As a result, it’s best to also refuse the breath/blood test even if it could result in a license suspension. This forces the officer obtain a Search Warrant for a sample of your blood. The benefit to refusing is forcing the officer and State to articulate what they’re looking for, why, and how they intend to use it. All of this creates opportunities for the officer or State to make mistakes in their DWI prosecution.


At trial the State can prove intoxication 1 of 2 ways:

  • The loss of the normal use of your mental or physical faculties
  • A blood or breath alcohol concentration of .08 or greater

Consequently, the state can convict you for DWI without a breath or blood test!

The State also has to prove at your DWI trial the day you were allegedly intoxicated, the County you were allegedly intoxicated in, your identity, and that you drove a motor vehicle (car) in a public place.


As a result of being former prosecutors, the lawyers at Rogers & Greehey, PLLC are prepared to fight your charges! Being charged with DWI is overwhelming. Stop worrying and let our experienced DWI lawyers fight your case. Call us now at (956) 420-4DWI

Our DWI Attorneys Represent Clients All Over the Rio Grande Valley and Bexar County Including:

Hialgo County – McAllen – Edinburg – Mission – Weslaco – San Juan – Pharr – Alamo – Donna – Hidalgo – Alton – Edcouch – Elsa – Palmview – Penitas – La Joya – Sharyland – Linn-San Manuel – Cameron County – South Padre Island – Port Isabel – Brownsville – Los Fresnos – San Benito – Harlingen – Starr County – Roma – Rio Grande City – Bexar County – San Antonio – Alamo Heights – Balcones Heights – Leon Valley – Castle Hills