Experienced DWI Lawyers in Lubbock, TX – Payne, Powell, Truitt & Chandler
If you are facing a DWI charge in Lubbock or West Texas, don’t face it alone—let an experienced DWI lawyer from PPT&C Law Group defend you.
On This Page You’ll Find:
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5 Questions to Consider When Hiring a DWI Lawyer
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DWI vs. DUI in Texas: What’s the Difference?
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Deferred Adjudication for a DWI in Texas
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DWI Penalties in Texas
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DWI Lawyer Debunks Common Myths
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License Suspension & ALR Hearings
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In-Depth DWI/DUI Articles
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DWI Resources
Visit PageChoosing the Right DWI Lawyer
Hiring an experienced DWI lawyer is critical when facing drunk or drugged driving charges. Texas law does not take DWI offenses lightly, so having the right attorney to defend your case is crucial.
5 Questions to Consider When Hiring a DWI Lawyer
1. Does the Attorney Have Proven Trial Experience in DWI Cases?
Not all attorneys have trial experience with DWI cases. Ask about their DWI jury trial record, their understanding of blood alcohol content (BAC) testing, and whether they have successfully challenged field sobriety tests in court.
2. Is the Attorney Trained in Field Sobriety Testing and Local Law Enforcement Practices?
DWI cases rely heavily on Standardized Field Sobriety Tests (SFSTs) and BAC tests regulated by the National Highway Traffic Safety Administration (NHTSA). A qualified DWI lawyer should understand how law enforcement administers these tests—and how to challenge inaccurate or unfair results.
3. Is the DWI Lawyer Well-Connected in the Local Legal Community?
Your DWI lawyer should have a solid reputation in Lubbock and West Texas courts, with experience working with prosecutors, judges, and law enforcement. Strong professional relationships can be a major advantage in your case.
4. Will the Attorney Fight for You or Just Push for a Plea Deal?
Some attorneys rush clients into plea deals instead of challenging the evidence. A dedicated DWI lawyer will fully investigate your case, question police reports, BAC tests, and arrest procedures, and explore all possible defenses before considering a plea.
5. Does the Attorney Specialize in DWI Defense?
DWI defense requires specialized knowledge of Texas law, chemical testing, and law enforcement procedures. A general criminal defense attorney may not have the expertise needed to navigate DWI penalties, ALR hearings, and probation terms effectively.
DWI vs. DUI in Texas: What’s the Difference?
In Texas, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are two separate offenses with key differences:
- DUI (Driving Under the Influence – Minor)
- Only applies to drivers under 21
- Any detectable amount of alcohol in their system is enough for a charge
- Class C misdemeanor with a fine up to $500, alcohol education programs, community service, and a license suspension
- Based on Texas Alcoholic Beverage Code §106.041
- DWI (Driving While Intoxicated – Any Age)
- Applies to all drivers, regardless of age
- Charged if BAC is 0.08 or higher or if the driver has lost normal use of mental or physical faculties due to alcohol or drugs
- Class B misdemeanor (first offense) with penalties including jail time, fines up to $2,000, and a license suspension
- Based on Texas Penal Code §49.04
Even a driver under 21 can be charged with DWI instead of DUI if their BAC is 0.08 or higher or if the officer determines they are intoxicated beyond just a “detectable amount.”
Deferred Adjudication for a DWI in Texas
Texas law now allows Deferred Adjudication for certain first-time DWI offenses, but strict limitations apply.
A deferred adjudication means a guilty plea is entered, but the judge does not issue a conviction, instead placing the defendant on probation. If probation is successfully completed, the case is dismissed.
Not Eligible for Deferred Adjudication if:
- A child passenger was in the vehicle (State Jail Felony)
- BAC was 0.15 or higher (Class A Misdemeanor)
- Intoxication assault or intoxication manslaughter was involved
- Driver had a commercial license at the time of the arrest
Deferred adjudication for a DWI is different from other offenses because a future DWI charge will still count as a second offense with enhanced penalties.
DWI Penalties in Texas
First DWI – Class B Misdemeanor
- Jail: 72 hours to 180 days
- Fine: Up to $2,000
- License Suspension: Up to one year
Second DWI – Class A Misdemeanor
- Jail: 30 days to one year
- Fine: Up to $4,000
- License Suspension: 180 days to two years
Felony DWI – Third Offense
- Prison: Two to ten years
- Fine: Up to $10,000
- License Suspension: Up to two years
Additional fines include:
- $3,000 for a first conviction
- $4,500 for a second conviction
- $6,000 for BAC over 0.15
Texas DWI Myths & Mistakes
Many people believe misconceptions about DWI cases, which can lead to costly mistakes when handling charges. Knowing the facts can help you make informed decisions.
Myth #1: Any Lawyer Can Handle a DWI Case
DWI defense requires specialized legal and scientific knowledge, including BAC testing procedures, sobriety tests, and Texas DWI laws. An experienced DWI lawyer is essential to building a strong defense.
Myth #2: DWI Cases Are Just Like Any Other Criminal Case
DWI trials involve unique complexities, such as challenging field sobriety tests, questioning breathalyzer accuracy, and understanding police procedures. These cases often require more technical expertise than other types of criminal defense.
Myth #3: A DWI Charge Means Automatic Conviction
A DWI arrest does not guarantee conviction. Many cases can be dismissed or reduced due to faulty police procedures, unreliable BAC tests, and improper traffic stops. A DWI lawyer can challenge the evidence and fight for the best possible outcome.
Myth #4: License Suspension Is Inevitable
Drivers can challenge a suspension through an Administrative License Revocation (ALR) hearing—but they must act fast. This hearing must be requested within 15 days of arrest, or the suspension takes effect automatically.
Myth #5: Breath Tests Are Always Accurate
Breathalyzers are not foolproof and can be influenced by multiple factors, such as improper calibration, medical conditions, or user error. A DWI lawyer can scrutinize BAC test results for errors or inconsistencies.
License Suspension & ALR Hearings
A DWI arrest triggers two separate legal proceedings:
- 1.Criminal Case – Determines penalties such as fines, probation, or jail time
- 2.ALR Hearing (Administrative License Revocation) – Determines license suspension
You Only Have 15 Days to Request an ALR Hearing
Failure to request a hearing within 15 days means an automatic license suspension. A DWI lawyer can fight this suspension or help secure an occupational driver’s license (ODL) to allow you to continue driving for work and essential activities.
Contact a DWI Lawyer at PPT&C Today
If you’re facing a DWI charge in Texas, you need an experienced DWI lawyer to defend your rights. At Payne, Powell, Truitt, and Chandler, we are committed to aggressive DWI defense and protecting your future. Call us today for a free consultation.