Hoeller McLaughlin PLLC | Second DWI Charge | Tarrant County DWI Lawyers
Our team of experienced Fort Worth DWI lawyers at Hoeller McLaughlin PLLC know how to fight DWI charges and build a strong case for your DWI defense. Our team has over 250 5 star reviews from former DWI and criminal clients in Tarrant County, Texas. Hire the right Fort Worth DWI Lawyer for your case at Hoeller McLaughlin PLLC.
Our goal is not only a dismissal or a reduction on your DWI charges, but to also help mitigate the collateral consequences of a DWI arrest, including minimizing any driver’s license suspension and/or expensive fines imposed by the State of Texas. It’s important to remember you have 15 days from your DWI arrest to submit a request to fight your driver’s license suspension, so it’s important to retain a Tarrant County DWI lawyer quickly.
Our team at Hoeller McLaughlin PLLC is ready to help you fight these DWI charges and get your life back on track. Rather than simply accepting the harsh penalties the State is going to try to impose, you have an opportunity to get your charges reduced or dismissed with an experienced Fort Worth DWI attorney on your side.
What we Offer in your Tarrant County DWI Defense:
1. EXTENSIVE DWI SPECIFIC TRIAL EXPERIENCE
Our firm has extensive trial experience in criminal and DWI defense. Our criminal defense attorneys and DWI lawyers have tried over 200 combined criminal trials, including over a hundred specifically involving DWI and DWI related charges.
In addition, we have reviewed and successfully negotiated thousands of DWI and criminal charges in Tarrant County, Texas. This experience gives us the knowledge to advise our clients if they are getting the best outcome possible on their DWI charge.
2. FORMER DWI PROSECUTORS IN TARRANT, DALLAS, AND HARRIS COUNTY
Our team team at Hoeller McLaughlin PLLC are all former Tarrant County prosecutors. Being trained as a prosecutor gives us invaluable experience because we know exactly how the State of Texas will attempt to prosecute you on your DWI criminal charges. This knowledge will allow our firm to build the best defense in fighting your DWI.
Partner Lindsay Truly, who is our lead Fort Worth DWI Lawyer at Hoeller McLaughlin PLLC, is a former DWI prosecutor in Tarrant County and has successfully negotiated hundreds of DWI charges. She is also a Super Lawyers Rising Star for 2023 and 2024 by Thomson Reuters and a Top Fort Worth Attorney by Fort Worth Magazine for 2022, 2023, and 2024. See some of her results and outstanding 5 star reviews.
3. SUPERIOR KNOWLEDGE IN DWI LAW | BOARD CERTIFIED LAWYER
In addition to be trained as former prosecutors, our DWI lawyers know the inside and out of each and every aspect of a police investigation and State prosecution, including criminal laws, proper police procedures, DNA and blood forensic evidence, and knowing exactly how the State plans to introduce evidence into trial.
Partner Colin McLaughlin is Board Certified in Criminal Law by the Texas Board of Legal Specialization and all of our attorneys continuously attend criminal and DWI CLE seminars to make sure we are up to date on any change in the law.
4. HIGHLY RATED & AWARD WINNING DWI LAWYERS
Our team has received over 250 5 star reviews on Google from our former clients. In addition, our team has been recognized for their outstanding performance in criminal law. Managing Partner Bryan Hoeller has been named a Texas Super Lawyer by Thomson Reuters for 2023 and 2024. Lindsay Truly and Dustin Trammel were also both named Super Lawyers Rising Stars by Thomson Reuters for 2022, 2023, and 2024. In addition to being Board Certified, Partner Colin McLaughlin was named a Top Criminal Lawyer in Fort Worth by Fort Worth Magazine for 2022, 2023, and 2024.
Texas Penal Code | Misdemeanor DWI Charges | DWI-Misdemeanor Repetition
There are three primary misdemeanor DWI charges:
- Driving While Intoxicated (DWI), a Class B Misdemeanor
- Driving While Intoxicated with an Alcohol Concentration > 0.15, a Class A Misdemeanor
- Driving While Intoxicated with one previous conviction for DWI, a Class A Misdemeanor (Second DWI Charge)
Here is the primary Texas Penal Code sections outlining these charges:
Section 49.04 Texas Penal Code | Driving While Intoxicated (DWI)
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
Section 49.09 Texas Penal Code | DWI Misdemeanor Repetition (Second DWI)
(a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated.
Is it Possible to have a DWI Dismissed? | Strategies to Fight Your DWI
The short answer is yes and retaining the right Fort Worth DWI attorney for your case is one of the best things you can do to fight to get your DWI charges reduced or dismissed. Our DWI law firm at Hoeller McLaughlin PLLC has the experience, the knowledge, and the track record to get these charge reduced or dismissed.
Having an outright dismissal of the charges can be difficult because the DA’s Office devotes extensive resources training prosecutors to secure DWI convictions (this is especially true on second DWI’s), but the right Tarrant County DWI defense attorney can make a big difference for your case. Below are just a few options your DWI lawyer in Fort Worth may explore to defend your case:
- Lack of reasonable suspicion to detain the accused (is it an illegal or bad stop?)?
- Lack of probable cause to arrest the accused (is it an illegal or bad arrest?)?
- Lack of evidence of Intoxication (did you pass a field sobriety test? did the officers fail to get a blood or breath test specimen?)?
- Lack of probable cause to get a search warrant for a blood sample?
- Bad Search Warrant (Providing wrong, incomplete, or false information in the search warrant)?
- Improper testing methods and lab techniques (Did the officer conduct the field sobriety tests incorrectly?)
- Not knowing your intoxication level at the time of the driving (i.e. the State must prove you were intoxicated at the time of driving, not 2 hours later)?
- Having an overall lack of proof in one of more elements of DWI?
Any one of these could be grounds to get the case thrown out or reduced. Sometimes, it is necessary to file a Motion to Suppress to present evidence to a Judge requesting the evidence be thrown out. If granted, than the State is forced in many circumstances to dismiss the case.
Whether you want the case dismissed or your charges lessened, using a qualified, experienced law office to help you through this tough time is essential. They can find areas that may have been overlooked and might just help your case.
DWI Diversion Programs:
Tarrant County has several diversion programs that also allow for a DWI to be dismissed (even if the facts are bad) for first time offenders on misdemeanor DWI charges (sometimes it may be possible on second DWI charges under the right circumstances). These include:
- Tarrant County Veterans Court – This program is designed for military veterans who may have suffered PTSD or a related diagnosis as a result of military activities. Hoeller McLaughlin PLLC attorney Dustin Trammel is a Veteran of the US Army and has helped many veterans enter this program.
- Public Safety Employees Treatment Court – This program is designed for individuals who work in public safety (police officers, fire fighters, first responders, ER nurses at public hospitals). Partner Lindsay Truly has helped many public safety employees enter and complete this program, which allows for the DWI case to end up dismissed.
Fighting Your License Suspension | Administrative License Revocation (ALR) Hearing | 15 Days to Act
If you receive notice of a license suspension resulting from a DWI arrest, you have 15 days to submit a request to fight your driver’s license suspension through the State Office of Administrative Hearings (SOAH). If requested, this is a process that our firm handles for our clients.
Our Fort Worth DWI Lawyer will submit a request for an ALR (Administrative License Revocation) hearing and request discovery on the case. This request tolls (pauses) the suspension until the hearing. This is a completely separate process from the criminal case itself and could result in a separate license suspension from the criminal court.
Occupational License:
Having a license suspension can have a serious impact on your life, considering many need a license to be able to drive for work and their family. Our firm helps clients get an occupational license, which allows our clients to continue to drive for essential needs during the license suspension period.
Call a Fort Worth DWI Lawyer Today to Help Build a Strong Defense on your Second DWI Charge
If you or a loved one is facing a second DWI charge, you need an experienced and highly reviewed DWI lawyer to help fight the charge, protect your license, and help protect your future.
Fortunately, there are many ways to challenge a DWI arrest, and it’s important that your Fort Worth DWI attorney understands how your case can be challenged.
Whether it’s your first DWI or you’re a repeat offender facing higher misdemeanor or felony charges, you need a DWI attorney in Fort Worth who will fight for your future. At Hoeller McLaughlin PLLC, we provide aggressive representation and will do everything we can to get your case dismissed or charges reduced.
If you would like more information about a Fort Worth DWI lawyer that gets results, call 817-334-7900 or fill out our online contact form.
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