By Jeff Kennedy
Award Winning DWI Defense In Fort Worth and Tarrant County
Were you recently arrested for a DWI in the city of Fort Worth? From hefty fines to jail time, the city and county takes DWI crimes seriously. It is imperative that you find a DWI lawyer with experience if you want help avoiding a conviction and the consequences that follow.
Jeff C. Kennedy has the credentials you are looking for, he is a top-rated DWI lawyer with 28+ years of experience. He has defended thousands of DWI cases in Tarrant county and surrounding areas. The majority of his DWI wins have resulted in DWI dismissals, reduction of charges, and not guilty verdicts.
If your DWI case ends up in trial, Jeff is a skilled DWI trial attorney with many successful outcomes, ranging from intoxication manslaughter to repeat felony DWI charges. He has also successfully defended numerous CDL DWI cases, helping clients retain their CDL and careers. View Some Of Our Case Results Here
With Jeff C. Kennedy on your DWI case, you are gaining a skilled, knowledgeable and experienced Fort Worth DWI lawyer with the experience you need to build a strong defense, and ultimately avoid the consequences of a DWI conviction.
As a Criminal Defense Attorney, Jeff is qualified to defend Alcohol / DWI related criminal charges. He represents clients facing charges in Tarrant county, Fort Worth, Arlington, North Richland Hills, and surrounding areas.
The following article will explain everything you need to know about a DWI charge, court processes, and laws. We will also review the different types of DWI defense strategies, penalties, and what to expect if this your first, second or third felony DWI charge. Including examples of how a DWI case can be dismissed, and what a DWI conviction can do to your life.
The DWI Process From Start to Finish
From being arrested for a DWI to trial, it’s important to understand the steps you will have to take from start to finish. Below you will find a detailed step by step understanding of what occurs from the day you are arrested for a DWI until the end.
- Being Arrested and charged with a DWI : The arresting officer will inform you of your charges, and read you your rights. This is the step where a DWI attorney recommends the accused to stay silent in order to avoid self incrimination.
- Booking: After you are arrested, you will be taken to the police station, and during this phase. you will be booked (Fingerprints, pictures etc..)
- Evidence: During the booking process, the officer may request a blood sample or breath test. This will be used as evidence pertaining to your DWI.
- Arraignment: This will be your first appearance , but a quick appearance, which usually happens the day after your arrest. Your charges will be presented to you, and the judge will set bail.
- Getting out of jail
- Cash bond: This option entails paying the full amount of your bail to get out of jail. Your cash will be returned once your case has finalized.
- Bail bondsman: a bail bondsman will charge a fee or percentage of the bail amount to cover your bail for you. This is non refundable. It is a fee that the bail bondsman charges in order to take on the risk that you might not show up in court. If you do not show in court, the bail bondsman will not get his cash back.
- Personal recognizance: The judge may grant a PR based on your criminal history, social standing and the nature of your offense.
- Court: There are numerous steps and court appearances. If you have a DWI attorney, they will guide and represent you through out the entire case.
- Negotiating a plea bargain. This is the step where your attorney can achieve a case dismissal or reduction of charges. This is why you need a skilled and experienced DWI Lawyer in the city of Fort Worth or Tarrant County where you were arrested. They know what to expect, and how the local courts, judges, and prosecutors will respond to the DWI.
- Trial: If your DWI goes to trial, your next steps are jury selection, cross examination of witnesses, presenting evidence and arguments are presented. During this trial, your attorney will try to identify reasonable doubt.
- Determination: You can be found innocent, acquitted or convicted. If you are acquitted or found innocent, the case is closed. If you are convicted, the judge will schedule a court date, where you will be sentenced. Sentencing is where the judge will take into consideration your criminal history, severity of the offense and any other aggravating or mitigating circumstances.
- Defense: If you are found guilty, your attorney can negotiate to have your penalties reduced.
ALR Hearing – Your License Is In Jeopardy
If you have been charged with a DWI anywhere in Texas, you have 15 days from the date of your DWI arrest to schedule an ALR hearing (Administrative License Revocation Hearing). If you do not schedule this hearing and have representation, your license will likely be revoked. Hiring an attorney after this date will prolong the time to regaining your license.
What is an ALR hearing?
An ALR (Administrative License Revocation) hearing is a civil administrative proceeding, which is separate from the DWI court processes above. The purpose of an ALR hearing (By the Texas Department of Public Safety / DPS) is to determine if your driver’s license should be suspended.
During this hearing your attorney can defend you and present an argument for retaining your license fully or partially for work and other needs that require a vehicle.
ALR Hearing For CDL holders
If you are a CDL holder or intend to obtain a CDL, you are going to be held to stricter standards. This also means a suspended license due to a DWI will disqualify you obtaining a CDL in the future. A first-time DWI with a CDL can cause a license suspension of one year, and you can be fined by multiple entities, such as an employers, and regulatory agencies.
Schedule a free consultation with Jeff C. Kennedy. He has over 28 years of experience helping clients retain their CDL and avoid a conviction.
DWI Defense Strategies We Use To Avoid A DWI Conviction
Facing a DWI charge is going to be stressful, but with Attorney Jeff C. Kennedy on your side, you can rest assured that your DWI is being handled with the utmost care and expertise. Jeff will challenge evidence, explore every legal avenue, and ensure that your rights are fiercely defended every step of the way.
Although every DWI case is different, these are the most common strategies that can be used to defend against a DWI:
- Challenging the officer’s reasonable suspicion for the stop.
- Questioning the officer’s probable cause for the arrest.
- Scrutinizing the administration of field sobriety tests.
- Contesting the validity of breath or blood tests.
- Highlighting any inaccuracies or false information in search warrants.
- Leveraging expert testimony to challenge intoxication timing.
- Asserting lack of proof beyond a reasonable doubt.
If any of these are successful, you will have avoided a conviction, with charges reduced or outright dismissed (rare).
GET A FREE STRATEGY SESSION WITH DWI ATTORNEY JEFF C. KENNEDY
DWI Penalties, Fines and Jail Time in Texas
Consequences of a DWI in Fort Worth and Tarrant County will depend upon how your DWI is classified (misdemeanor or felony) and whether or not you are convicted.
It’s important to avoid a conviction, and keep a DWI off your record. If that is the goal, your best option is to find a skilled and knowledgable DWI attorney that knows the local and county court systems (Fort Worth, and Tarrant).
The right attorney can help you understand what penalties, fines or jail time you might be facing in the county where you were charged. Specifically, an attorney that will defend you, and not accept the first plea deal offered.
Penalties will be based on how your DWI is classified (misdemeanor or felony), which dictates the fines, jail time and any other penalties associated with a DWI conviction in the state of Texas. Keep in mind these are based on the specifics of your case, blood alcohol level at the time of arrest, previous DWI’s on your record or if there was an accident
- 1st Offense DWI: A first time DWI charge is a Class B misdemeanor, punishable by up to 180 days in jail and a $4,000 fine. Your license will also be suspended for a year, and you will have to pay a three-year license retention fee of up to $2,000.
-
- Classification: Class B Misdemeanor
- Punishment: 3-180 days in jail, up to a $2,000 fine.
-
- 1st Offense DWI with an Open Container:
- Classification: Class B Misdemeanor
- Punishment: 6-180 days in jail, up to a $2,000 fine.
- 1st Offense DWI with a BAC .15 or Higher:
- Classification: Class A Misdemeanor
- Punishment: 0-365 days in jail, up to a $4,000 fine.
- 2nd Offense DWI (Repeat Offender): A second DWI charge is a Class A misdemeanor, punished by up to two years in jail and a $4,000 fine. Your license will be suspended for two years, and you may have to pay a three-year license retention fee of up to $2,000.
- Classification: Class A Misdemeanor
- Punishment: 30-365 days in jail, up to a $4,000 fine.
- DWI with a Child Passenger:
- Classification: State Jail Felony
- Punishment: 180 days – 24 months in state jail, up to a $10,000 fine.
- 3rd or more Felony Repetition: Your third or subsequent DWI will likely be classified as a third-degree felony. The penalty is between two and ten years in prison, as well as a fine of no more than $10,000. Your license will be suspended for two years, and you may have to pay a three-year license retention fee of as much as $2,000. Read more here
- Classification: 3rd Degree Felony
- Punishment: 2 – 10 years in the Texas Department of Criminal Justice – Institutional Division (penitentiary), up to a $10,000 fine. Despite similar circumstances, Felony Repetition is notably different from a misdemeanor DWI.
If you have a CDL and were charged with a DWI you can learn more about your CDL DWI case here.
If your DWI includes an injury, fatality or accident, the state can add additional charge.
- Failure to Leave Information (ranging from a class C to a Class A misdemeanor)
- Failure to Stop and Render Aid (2nd or 3rd degree felony)
- Intoxicated Assault (3rd degree felony)
- Intoxicated Manslaughter (2nd degree felony)
- Aggravated Assault with a Deadly Weapon (2nd degree felony)
Avoiding A DWI Conviction
When you choose an attorney for a DWI charge, you want them to fight on your behalf and pick apart the charges against you. An attorney that will pick apart the DWI charge from the moment of your arrest until the hearing. They should be looking for any opportunity to have your case dismissed, acquitted, or reduced.
When you are facing a DWI charge, Jeff C. Kennedy has the skill, know-how, and experience to avoid a conviction.
- Severe Legal Penalties: The legal consequences for a guilty verdict can be substantial, depending on the circumstances of your DWI. We’re talking about substantial fines, jail or prison time, license revocation, installation of an ignition interlock device, completion of a drug or alcohol rehabilitation program, and other penalties.
- Damage to Your Driving Record: Even if you are fortunate to get through your legal penalties relatively unscathed, your driving record will reflect your conviction for years to come. That means increased car insurance premiums difficulty obtaining employment.
- A Criminal Record That Haunts You: A DWI conviction will likley remain on your criminal record indefinitely. This can influence your ability to find work, housing, and obtain financial assistance for educational opportunities, as your conviction will be readily available to anyone who may need to perform a background check on you.
Schedule A Free DWI Case Review With DWI Attorney Jeff C. Kennedy Now!
Jeff is a criminal defense lawyer with the experience you need to achieve a case win. His track record covers over 28 years of experience, with hundreds of DWI Case wins in Fort Worth, Tarrant County, and surrounding areas. He knows DWI law, and the local court systems. Call today for a free case evaluation.
Law Offices of Jeff C. Kennedy, PLLC
301 W Vickery Blvd Suite #101
Fort Worth, TX 76104
(817) 605-1015
Hours:Open 24/7
FREQUENT QUESTIONS WE ARE ASKED ABOUT DWI CHARGES
Whether this is the first time you have been arrested for a DWI or you are a habitual offender, you likely have questions about what’s going to happen next. Check out the quick FAQ below to get answers to some of the most commonly asked questions former DWI clients have had.
Am I going to jail for a first time DWI in Texas?
Do I have to be driving to get a DWI?
What is the legal definition of a DWI in Texas?
Texas Penal Code 49.04 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.