Texas DWI Defense

A DWI charge in Texas can cost you your license, your job, and thousands of dollars before you even get to court. With two parallel cases (criminal and license suspension) running on different deadlines, you cannot afford to wait. Bret W. Schmidt has defended DWI cases across Texas since 1996.

DWI is one of the most aggressively prosecuted offenses in Texas. The science behind breath and blood testing is more vulnerable than most people realize, and field sobriety tests are far from foolproof. The right defense begins with understanding exactly what the State has to prove, and what it cannot.

01

How Texas classifies DWI charges

In Texas, DWI severity escalates quickly. A first offense is usually a Class B misdemeanor, but the charge can climb to a second-degree felony depending on prior convictions, BAC level, and whether anyone was injured.

  • DWI 1st: Class B misdemeanor, up to 180 days in jail and a $2,000 fine.
  • DWI 1st with BAC 0.15+: Class A misdemeanor, up to 1 year in jail and a $4,000 fine.
  • DWI 2nd: Class A misdemeanor, up to 1 year in jail and a $4,000 fine.
  • DWI 3rd or more: Third-degree felony, 2 to 10 years in prison and up to a $10,000 fine.
  • DWI with child passenger: State jail felony, 180 days to 2 years and up to a $10,000 fine.
  • Intoxication assault: Third-degree felony, 2 to 10 years in prison.
  • Intoxication manslaughter: Second-degree felony, 2 to 20 years in prison.
02

The two cases you are actually fighting

Most clients are surprised to learn that a DWI arrest triggers two separate proceedings: the criminal case in court, and an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety.

The ALR is its own clock. You have only 15 days from the arrest to request a hearing. Miss it, and your license is automatically suspended, even if you are eventually acquitted of the DWI itself. We file the ALR request the same day we are retained.

03

How we defend DWI cases

DWI cases turn on technical details, not just whether you had been drinking. Every step in the State’s case has weak points: the stop, the field sobriety tests, the breath or blood draw, the chain of custody, the lab analysis. We attack each one.

  • Lawfulness of the traffic stop and probable cause to detain
  • Reliability of the Standardized Field Sobriety Tests (HGN, walk-and-turn, one-leg-stand)
  • Calibration and maintenance records for the Intoxilyzer breath instrument
  • Chain of custody and storage of any blood sample
  • Qualifications of the phlebotomist and the lab analyst
  • Refusal to take a test and what the State can use against you
  • Independent expert review of the State’s evidence
04

What is at stake beyond the courtroom

A DWI conviction follows you outside the criminal record. Auto insurance premiums spike for years. Some employers, professional licensing boards, and security clearance programs treat any DWI as disqualifying. Commercial drivers can lose their CDL on a first offense.

If you have been arrested for DWI in Dallas or anywhere in Texas, the next 15 days matter most. Call (214) 526-1100 today. We will start the ALR process immediately and begin building your defense.

Reviews & Ratings

Trusted by clients across Texas.

★ ★ ★ ★ ★ 4.9 / 5 Google · 54 reviews
Avvo Top-Rated Criminal Defense Attorney
DCDLA Member Dallas Criminal Defense Lawyers Assoc.
Bret is an amazing attorney and a great person. He has helped me and my family in so many ways. Not only is he a great lawyer but he truly cares about the people he works with.
Nicholas M. Google review
This guy is the BEST! He is so helpful, HONEST and dependable. Bret Schmidt is an outstanding attorney. The justice system is intimidating, but if you need help from an honest person and great lawyer, Bret is the best one out there.
Emily M. Google review
If I could give Mr. Schmidt a 6 star review I would. He has been my attorney for years, and has always gone the extra mile in his representation. He has concern and empathy for his clients, unlike the majority of criminal lawyers.
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Contact Dallas Attorney Bret W. Schmidt today.

When you work with attorney Bret W. Schmidt, you can have the peace of mind that comes from knowing you have an experienced criminal law attorney advocating for your best interests. As your attorney, he will take the time to get to know you, answer your questions and help you understand the criminal justice process. When you choose the Law Office of Bret W. Schmidt, you are more than just a client number.

If you or someone close to you needs a Dallas criminal defense or civil asset forfeiture attorney, schedule an initial consultation by calling the Law Office of Bret W. Schmidt today.