Waco DWI Defense Attorney

Third-offense DWI penalties:

• Fines of up to $10,000
• Imprisonment for 2 to 10 years
• Driver’s license suspension for up to two years

The consequences reach well beyond fines and jail time. A DWI conviction affects your reputation, your relationships, and your future opportunities in ways that follow you long after the sentence is served.

When Is DWI a Felony in Texas?

In Texas, DWI is generally charged as a misdemeanor. However, certain circumstances elevate it to a felony charge.

• Two or more prior DWI convictions make any subsequent offense a third-degree felony.
• Causing serious injury or death while driving intoxicated may result in charges of intoxication assault or intoxication manslaughter, both felonies.
• Driving while intoxicated with a passenger younger than 15 in the vehicle may be charged as a state jail felony under Texas Penal Code Section 49.045.

The specific charges and penalties depend on the facts of your case and your criminal history. If you’re facing a potential felony conviction, contact an experienced felony defense attorney as soon as possible.

Why Hire Law Office of Kyle C. King for DWI Defense in Waco

Kyle King spent years as a police officer before becoming a defense attorney. That experience means he knows how DWI arrests are built: which observations officers record to establish probable cause, how field sobriety tests are supposed to be administered, and where the documentation of breath or blood testing can fall short. That vantage point isn’t available from an attorney who has only ever seen these cases from the defense side of the table.

Our firm has handled only criminal defense since it was founded in 2010. DWI cases don’t compete with personal injury matters or family law files for attention. Every client works directly with Kyle throughout their case, not with a rotating group of associates. That direct access matters when deadlines are tight and decisions carry long-term consequences. We tell clients honestly what they face and pursue the best available outcome, whether that means negotiating with prosecutors or taking the case to trial in McLennan County.

Frequently Asked Questions

Do You Need a Lawyer for a DWI Case?

DWI laws in Texas are complex, and the consequences of a conviction are serious. A DWI defense attorney can scrutinize the details of your case, challenge the prosecution’s evidence, and protect your rights throughout the process. This includes evaluating the legality of the stop, the accuracy of any chemical testing, and every potential defense available to you. Depending on the circumstances, that can mean negotiating for lesser charges or working to seek dismissal of the case.

What Are Potential Defenses Against DWI Charges?

Defense strategies in a DWI case may include:

• Questioning the legality of the traffic stop: Law enforcement must have reasonable suspicion to stop you. If the officer lacked that basis, evidence collected during the stop may be inadmissible.
• Validity of field sobriety tests: Field sobriety testing procedures must be followed correctly. Physical health conditions, nervousness, or environmental factors can affect results, and improperly administered tests may not hold up in court.
• Breath or blood test accuracy: Breathalyzer calibration and blood draw protocols must meet strict standards. If equipment was improperly maintained or procedures weren’t followed, the BAC results can be challenged.
• Rights during the arrest process: If your rights were violated during your arrest, including failure to read your Miranda rights, evidence obtained as a result may be suppressed.

What Are the Long-Term Consequences of a DWI Conviction?

A DWI conviction in Texas can affect your life well beyond the courtroom. Car insurance rates typically rise substantially, background checks can limit job prospects, and certain fields, those requiring a clean driving record or professional licensing, may become difficult to enter. A conviction can also strain personal relationships in ways that aren’t easy to quantify. Working with a defense attorney from the start is one of the most effective ways to help minimize these long-term effects.

How Is a DUI Different from a DWI in Texas?

In Texas, DUI and DWI are distinct charges. DWI applies to drivers 21 and older operating a vehicle with a BAC of 0.08% or higher. DUI applies to drivers under 21 with any detectable amount of alcohol in their system, reflecting the state’s zero-tolerance policy for underage drinking and driving. The charge you face determines the applicable statute, the penalties, and the defense approach. Our firm handles both DWI and underage DUI cases.

How Does a Prior DWI Conviction Affect the Penalties for a Subsequent DWI?

A prior DWI conviction significantly increases the penalties for any subsequent offense. Fines, jail time, and license suspension periods all escalate with each conviction, and repeat offenders may also face mandatory substance abuse treatment and ignition interlock device requirements. An attorney familiar with DWI cases in McLennan County can identify procedural issues in the arrest, explore plea options, and work to reduce the impact of prior convictions on the current charge.

What Is the ALR Hearing & Why Does the 15-Day Deadline Matter?

After a DWI arrest in Texas, you have 15 days from the date the Notice of Suspension is served to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety. The ALR hearing is a civil proceeding separate from your criminal DWI case. Missing the deadline results in automatic license suspension on the 40th day after the notice is served, with no ability to contest it. Requesting the hearing in time can keep your license valid while the matter is pending and gives your attorney an early opportunity to cross-examine the arresting officer under oath, creating a record that can be used in the criminal case.