Dallas DWI Defense Lawyer

Dallas DWI Defense Lawyer

DWI charges can affect your license and long-term plans. You deserve guidance from a DWI lawyer in Dallas who can walk you through what the law requires to prove guilt beyond a reasonable doubt and whether the evidence in your case will hold up in court.

Broden & Mickelsen, LLP has more than 60 years of combined experience defending clients against serious criminal charges, including DWI. Contact us today to talk with a criminal defense lawyer in Texas who can review your case and protect your rights.

How Broden & Mickelsen, LLP Builds a Strong DWI Defense in Dallas

DWI cases turn on things like why the officer stopped you and whether the police and prosecutors followed the law. Broden & Mickelsen, LLP reviews every piece of evidence with the same precision we bring to major felony trials and appellate matters. You get a defense grounded in strategy and decades of experience, whether you’re charged with a misdemeanor or a serious felony DWI offense.

Our Dallas criminal defense lawyers stand apart because we’re board-certified specialists in both criminal law and criminal appellate law by the Texas Board of Legal Specialization. Our team brings more than 60 years of combined criminal defense experience representing both people and businesses in state and federal courts. This background gives us insight into how judges and juries evaluate evidence and how appellate courts view errors. We also have extensive success in post-conviction relief work, which supports our ability to anticipate problems early.

To develop the best defense strategy possible, a Dallas drunk driving attorney from our law firm will review:

  • Whether the police had reasonable suspicion for the stop and probable cause for the DWI arrest
  • What the officers said they observed
  • Whether the field sobriety tests were administered correctly
  • The timing and accuracy of breath or blood testing
  • How health conditions, medication, or environmental factors may have influenced the stop and test results

When we take your case, we build a complete defense. That includes independently investigating and preparing as if we’re going to trial—no matter what the charge. Our lawyers can access police video, reports, and chemical test data to begin building your defense. We’ll also negotiate with prosecutors and help you protect your license during the administrative process. If dismissal or a charge reduction isn’t possible, we’ll fight for you at trial.

Our clients appreciate our attention to detail and aggressive defenses. One client wrote, “Without a good lawyer like Mr. Mickelsen, I would probably be on some type of probation.” Find out why our clients speak so highly about our services when you call us today for a free consultation

Understanding DWI Laws and Penalties in Texas

Texas DWI laws allow an arrest for DWI primarily in two different ways. A per se violation occurs when a chemical test shows your blood alcohol concentration at 0.08% or higher. Prosecutors rely heavily on test results in these cases. A Dallas DWI lawyer may focus on the following when presenting a defense strategy on these types of DWI cases:

  • Testing delays
  • Machine maintenance and calibration
  • Blood sample handling and potential contamination

You can also face a DWI charge when the state claims you didn’t have the normal use of your mental or physical faculties because of alcohol, drugs, or a combination of both—basically, that you were too impaired to drive, even if your BAC was under the legal limit. Officers usually rely on field sobriety exercises and their observations. These assessments can be subjective, so a DWI attorney may look closely at:

  • How the officer explained the exercises
  • Whether instructions were correct
  • Whether health conditions or fatigue played a role

Drug-related impairment allegations have further issues. Blood tests can register the presence of substances long after any effect has passed. Prescription medications can create misleading results. The science behind impairment is rarely as clear as the state suggests.

Penalties for a DWI Conviction in Dallas

A DWI conviction has both criminal and license penalties. Even a first offense creates complications that follow you long after the case ends, whether in your personal or professional life.

When sentencing someone, courts consider BAC, their record, and whether aggravating circumstances exist. Typical penalties include:

  • Fines
  • Probation
  • Driver’s license suspension
  • Alcohol education programs
  • Community service
  • Possible jail time
  • Ignition interlock requirements

Higher BAC levels can quickly increase penalties. A BAC of 0.15% or greater raises a DWI from a Class B misdemeanor to a Class A misdemeanor. This carries a punishment range of up to one year in county jail and a fine of up to $4,000.

If the state claims that the DWI involved a passenger younger than 15 years old, the charge becomes DWI with Child Passenger, a state jail felony. A state jail felony carries a punishment of 180 days to two years in a state jail facility, plus a fine of up to $10,000.

Second and third DWIs have significantly harsher outcomes. A second DWI must be charged as a Class A misdemeanor. This comes with a minimum confinement term of 30 days. A third DWI is a third-degree felony, which carries two to ten years in prison and a fine of up to $10,000.

A DWI lawyer in Dallas, TX from our firm can analyze:

  • Whether prosecutors properly charged any enhancements
  • How law enforcement measured your BAC
  • Whether the state can prove each element of the offense
  • Whether diversion or alternative resolutions are available

Common Defenses Used in Dallas DWI Cases

DWI defenses depend on the facts, but several strategies appear often in Dallas courts. We build your defense around the weaknesses we uncover in the state’s case. Common defenses a Dallas criminal lawyer may raise include:

  • Challenging the traffic stop: Police need a lawful reason to pull you over. If your Dallas criminal defense lawyer can show the stop lacked reasonable suspicion, the court may suppress everything that happened afterward.
  • Field sobriety test issues: Officers must follow set standards when giving a field sobriety test. Weather, balance issues, shoes, and surface conditions can all affect the results. Slight deviations can weaken the state’s argument.
  • Breath test and blood test challenges: Machines must be properly maintained and calibrated, and labs can make mistakes. When tests occur long after the stop, the “rising BAC” defense may be appropriate. This defense argues that your BAC was below the legal limit at the time of the stop but rose as your body processed the alcohol over time.
  • Medical and natural-condition defenses: Fatigue, neurological conditions, and other health issues can mimic intoxication. These explanations can be powerful when supported by medical documentation from a trusted criminal defense attorney.

Speak with a Trusted DWI Lawyer in Dallas, TX Today

Broden & Mickelsen, LLP uses decades of courtroom experience challenging state cases at every stage. Contact our law offices today to discuss your case and find out how we can help.