Fort Worth DWI Lawyer

“PROTECTING YOUR CONSTITUTIONAL RIGHTS”

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be search, and the persons or things to be seized.

– 4TH AMENDMENT OF THE U.S. CONSTITUTION

FIGHTING YOUR DWI

OUR LEGAL EXPERIENCE & KNOWLEDGE

If you have been arrested for a DWI, DUI, or related alleged crimes in Tarrant County, then you need a Fort Worth DWI attorney who has the practical knowledge, dedication, and trial experience to give you the best representation and DWI defense possible.  All of the lawyers in our office are former DWI prosecutors with over 100 combined jury trials specifically related to DWI offenses and know how to communicate with and take care of their clients.

Our Legal Team:

• Partner and lead DWI attorney Lindsay Truly is a former Assistant District Attorney (DWI prosecutor) in Tarrant County, Texas.  She has tried over 50 DWI jury trials and has handled thousands of DWI-related offenses as a prosecutor and in private practice.  She also has extensive experience providing legal service and has helped in a variety of DWI-related matters, including ALR hearings and helping clients obtain an occupational driver’s license so that they might continue to operate a motor vehicle.  Lindsay was named a Top Attorney in 2020 by Fort Worth Magazine and 360 West Magazine.  She was also named a Super Lawyers Rising Star in 2020 and 2021 by Thomson Reuters.
• DWI attorney and managing partner Bryan Hoeller is a former Assistant District Attorney (prosecutor) in both the Tarrant and Dallas County District Attorney’s Offices. He spent over 5 years evaluating and prosecuting DWI and DWI related offenses and now brings that experience and service to aid those accused of a DWI offense.  He was named a Top Attorney by Fort Worth Magazine and a Super Lawyers Rising Star by Thomson Reuters.
• Partner Colin McLaughlin is former prosecutor and is Board Certified in Criminal Law by the Texas Board of Legal Specialization.  He was named a Top Attorney in 2021 by 360 West Magazine and a Top Attorney in 2020 by Fort Worth Magazine.
• DWI lawyer Dustin Trammel is also a former Assistant District Attorney (DWI prosecutor) in Tarrant County.  He has tried over 30 jury trials and is a veteran providing service in the United States Army. He was named a Top Attorney in 2020 by Fort Worth Magazine.

Our team of lawyers at Hoeller McLaughlin PLLC has tried over 100 DWI and DWI-related cases, including jury trials for DWI, DWI-Misdemeanor Repetition (DWI-2nd), DWI-Felony Repetition (DWI-3rd), and DWI w/ Child. In addition to extensive trial experience, our team has also attended numerous DWI related training seminars, including Intoxication Manslaughter Trial Skills School, classes on gas chromatography and the Intoxilyzer 5000 breath test instrument, and DWI case law updates. This means that our legal team works hard to be educated on all laws and procedural techniques that could win the dismissal of your charge. One of our lawyers has also had DWI articles published while he was a prosecutor at the Tarrant County District Attorney’s Office.

OUR LEGAL STRATEGY & APPROACH TO DWI DEFENSE CASES

Our lawyers and legal consultants take a multi-step approach to DWI defense so that you keep your rights and don’t get convicted for a driving while intoxicated offense.  This approach includes analyzing each part of your case from the moment you were pulled over in your vehicle and arrested and then formulating the best strategy for the legal defense against the alleged crimes you’ve been charged with.  Here is an idea of what our approach looks like and several of the questions our legal consultants ask when analyzing your case and any potential consequences you might face:

Step 1 – Did the officers violate the U.S. Constitution and/or the laws of the State of Texas during your DWI arrest?

1. Did the DWI officer have reasonable suspicion or probable cause to pull you over in your vehicle or make contact with you?
2. Was the stop, search of your vehicle, or DWI investigation illegal under the U.S. Constitution?
3. Is there a suppression issue in your case that would throw out the DWI arrest, breath, and/or blood test?
4. Was the DIC-24 Statutory Warnings properly communicated or was your consent to give blood or breath coerced, therefore making the search illegal under the U.S. Constitution?
5. If there was a search warrant to get your breath/blood, did the search warrant meet the requirements set out under Chapter 18 of the Texas Code of Criminal Procedure?

Step 2 – Were all the tests performed by police done correctly?

1. Did the police officer follow the proper NHTSA (National Highway Traffic and Safety Administration) guidelines and police procedures when conducting his or her DWI investigation?
2. Is there a reason why the DWI Standardized Field Sobriety Tests (SFST’s) should not have been administered to you due to a previous injury, medical issue, or accident?
3. Did the officer administer either the HGN, Walk and Turn, or the One Leg Stand test correctly?
4. If breath or blood was drawn, were the law enforcement forensic tests conducted according to their respective forensic guidelines?

Step 3- Can the State of Texas PROVE the case beyond a reasonable doubt?

To make a DWI arrest, all the officer needs to establish is “probable cause” for the offense.  “Probable cause” is a standard that is less than 50% certainty and one of the lowest burdens of proof in any type of law.  On the other hand, the standard of proof the court will require at a criminal defense trial is “Beyond a Reasonable Doubt.” The “Beyond a Reasonable Doubt” standard is the highest individual burden is any area of law and is a much higher burden of proof than “probable cause.”  This requires our lawyers to look at the facts of the case to determine if the State of Texas can meet this high burden.  This is what your DWI lawyer will look at when they investigate the accusation against you:

1. What are the driving facts? Bad driving? Good driving, but pulled over in your vehicle for a technical violation (no front license plate)? Accident?
2. How do you “look” on video? Good Balance? Clear speech? Nervous? How did you perform on the tests and what was the outcome? Refusal to submit to any of the sobriety tests? Any aggravating circumstances when you were arrested or questioned?
3. Any admissions of crimes or offense committed when questioned? How much did you admit drinking to the police? Did you admit that you were intoxicated? Under what circumstance? Deny drinking or doing drugs?
4. Any witnesses? What is their history? Any credibility issues? Any inconsistencies in their stories when questioned?
5. If your blood or breath alcohol concentration tested over the legal limit, can the State of Texas prove your alcohol concentration was over at the time you were driving (we are looking at retrograde extrapolation, uncertainty of measure that is built in with the tests, and error rates)?

GET THE RESULTS YOU REQUIRE WITH A DWI LAWYER

Finally, when choosing the right law firm for assistance with your DWI defense, make sure to ask about the firm’s experience and outcomes on the cases they handle.  This can be the difference between winning a dismissal of charges and getting convicted and fined. It’s important to remember that each case is unique and we cannot guarantee a particular result on a case. The results our lawyers achieve vary depending on the facts and information involved in each particular case and the punishable offense involved.  Nevertheless, our recent success shows what our law firm is capable of achieving for our clients on a DWI. Whether it’s a reduction, a not guilty verdict, a minimal sentence, or probate to community supervision, our goal is to provide the best outcome possible for your case. You don’t want to unnecessarily lose your rights, face legal penalties, get fined, or deal with a license suspension for years to come.

• Tarrant County DWI Repetition (2021) – Offense dismissed due to lack of probable cause for the initial traffic stop (will be eligible to be expunged).
• Tarrant County DWI (2021) – DWI – Charge dismissed due to State unable to prove intoxication (will be eligible to be expunged).
• Tarrant County DWI (2021) – DWI – Charge dismissed due to lack of probable cause for the initial traffic stop (will be eligible to be expunged).
• Tarrant County DWI (2021) – DWI – Charge dismissed due to an illegal stop (will be eligible to be expunged).
• Tarrant County DWI (2021) – DWI offense reduced to an Obstruction due to issue with proving “intoxication” at trial.
• Tarrant County DWI (2020) – DWI -Open Container (with accident and 0.09 BAC) – reduced to an Obstruction (18 months Deferred).
• Tarrant County DWI (2020) – DWI offense reduced to an Obstruction (12 months Deferred) due to issue with proving “intoxication” at trial.
• Tarrant County DWI (2020) – DWI offense reduced to an Obstruction (14 months Deferred) due to issues with proving “operation” at trial.
• Tarrant County DWI Repetition (2020): Reduced to an Obstruction – Client received Deferred Adjudication (Eligible to be Dismissed).
• Tarrant County DWI (2020): Case Dismissed after presenting evidence & legal issues to the State of Texas.
• Tarrant County DWI (2019): Jury Trial – Jury found our Client NOT GUILTY of DWI (Driving While Intoxicated). No penalties assessed.
• Tarrant County DWI & UCW (Unlawful Carrying of a Weapon)(2019). Both cases were dismissed after being set on the trial docket.
• Johnson County DWI (2019): Dismissal of case after presenting evidence of an insufficient legal basis for the stop.
• Tarrant County DWI (2018). Negative Finding at ALR Hearing (License not suspended) due to issues with the legality of the traffic stop.
• Tarrant County Felony DWI (2018): Felony DWI offense reduced to misdemeanor. Client was a Military Veteran and took a very proactive approach to the case and getting the necessary treatment.
• Tarrant County DWI-Rep Dismissed (2018): DWI > 0.15 dismissed due to a technical legal problem (Statute of Limitations).
• Tarrant County DWI Dismissed (2018): Defendant was accepted and completed the Veteran’s Court program. No penalties assessed.
• Tarrant County DWI (2018): Client was charged with DWI > 0.15 (B.A.C. over a 0.25). Result was a 1 day time served offer and minimum fine.
• Johnson County DWI (2018): Negative Finding at ALR Hearing (License not suspended). DWI Dismissed.
• Wise County Felony DWI Repetition (2018): DWI charged rejected by the DA’s office for insufficient evidence of DWI operation by Client.
• Parker County DWI > 0.15 (2018): DWI > 0.15 reduced to an obstruction.

DWI NON-DISCLOSURES (TEXAS STATE LAW CHANGED IN 2017 & 2019)

Any time you are arrested for a DWI, that arrest goes on your personal “record” for a background check (It gets reported to the TCIC and NCIC, the Texas and National Crime Information Center).  For first-time DWI offenders, dependent on whether they meet certain criteria (no accident, alcohol concentration below a 0.15, no criminal history, for example), they may be able to get their DWI arrest sealed (non-disclosed) from public view.  Texas law will provide for the possibility of a non-disclosure when cases involve the following: 1.) DWI convictions (Law changed in 2017 to allow for certain low level DWI convictions to be eligible for a non-disclosure), or 2. DWI Deferred Adjudication that results in a Dismissal (Law changed on September 1, 2019 to allow for deferred adjudication on certain first time DWI arrests).  Get more information about DWI Non-Disclosures.