DWI Lawyer in Garland, Mesquite and East Dallas County
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A first DWI arrest in Garland, Mesquite, Rowlett, Sachse, Balch Springs or the southern Dallas suburbs of DeSoto, Cedar Hill, Lancaster and Duncanville sets two processes in motion: a license suspension through the Texas Department of Public Safety and a criminal charge in county court. The first has a 15-day deadline. Our Texas team defends first-offense DWI cases in Dallas County and the surrounding counties, and you can speak with a Texas attorney and hire us by phone.
The 15-day ALR deadline
If you failed a breath or blood test (0.08% or more) or refused one, the officer usually took your license and served you with a Notice of Suspension. That notice generally works as a temporary driving permit. You have 15 days from the date you received it to request an Administrative License Revocation (ALR) hearing (Texas Transportation Code 524.031 and 724.041). If no one requests the hearing, the suspension takes effect on its own, generally 90 days for a first test failure and 180 days for a first refusal. The hearing is held before an administrative law judge of the State Office of Administrative Hearings, and it is also a chance to question the arresting officer under oath before the criminal case goes much further.
Where Garland and Mesquite DWI cases go
DWI is a state offense, so it is not handled in the city municipal court that hears traffic tickets. A first DWI in Dallas County is filed by the Dallas County District Attorney’s Office and heard in one of the County Criminal Courts at the Frank Crowley Courts Building, 133 N. Riverfront Boulevard, Dallas. One local detail: part of Rowlett lies in Rockwall County, and an arrest on that side of the city line goes to Rockwall County courts instead (the City of Rowlett says properties east of Dalrock Road are in Rockwall County).
Arrests in this area come from the Garland, Mesquite, Rowlett and other city police departments, the Dallas County Sheriff’s Office, and the Texas Department of Public Safety on I-30, I-635, I-20 and the George Bush Turnpike. Each agency keeps its own reports and video, and we request what applies to your stop.
What a first DWI means in Texas
Under Texas Penal Code 49.04, a first DWI is generally a Class B misdemeanor, with a possible jail range of 72 hours to 180 days and a fine of up to $2,000. It becomes a Class A misdemeanor if the test showed 0.15% or more, and an open container in the vehicle raises the minimum jail time. A conviction can also bring a driver’s license suspension, state-required classes, and in some cases an ignition interlock device. Many people can keep driving on an occupational license while their license is suspended (Transportation Code 521.242).
Since September 2019, a judge can place a first DWI defendant on deferred adjudication in many cases, except where the result was 0.15% or more or the driver held a commercial license (Code of Criminal Procedure Art. 42A.102). If you have no other criminal record, successful completion can make you eligible to petition for an order of nondisclosure, which limits who can see the record (Government Code 411.0726). Whether that path is available in your case depends on the facts and the prosecutor’s position. Ask us whether any pretrial diversion option is open in your case.
How we review your case
- The reason for the stop and whether the detention was extended without legal justification.
- How the standardized field sobriety tests were given and scored, and whether they were recorded.
- Breath-test operator certification and the instrument’s maintenance records.
- Blood-warrant paperwork, the blood draw, and the lab’s testing and chain of custody.
- Body-camera and dash-camera footage from the arresting agency.
Depending on the evidence, possible paths include suppression motions, negotiation for a reduced charge, deferred adjudication where available, or trial. We do not predict outcomes; we explain the realistic options at each stage.
Hire us by phone
You do not need to come into an office. Call, talk to us about what happened, and sign your agreement from your phone. We can request your ALR hearing right away and keep you updated as the case moves through Dallas County.
Frequently asked questions
How long do I have to request an ALR hearing after a DWI arrest in Garland?
Fifteen days from the date you were served with the Notice of Suspension. If no hearing is requested, the suspension generally takes effect automatically.
Is my Garland DWI handled in Garland municipal court?
No. DWI is a state misdemeanor. A first DWI in Dallas County is heard in a Dallas County Criminal Court at the Frank Crowley Courts Building in Dallas.
Can I drive to work if my license is suspended?
Often, yes. Texas allows an occupational driver’s license for essential needs such as work, school and household duties, sometimes with an ignition interlock device.
Can a first DWI be kept off my record?
In some cases. Deferred adjudication may be available for a first DWI, and some people later qualify for an order of nondisclosure. Eligibility depends on the facts, including the test result.
I was arrested on the Rockwall County side of Rowlett. Which court handles it?
An arrest in the Rockwall County part of Rowlett goes to Rockwall County courts, not Dallas County.
DWI arrest in Garland, Mesquite, Rowlett or south Dallas County? The 15-day ALR deadline is already running. Call (855) 636-0550 for a free phone consultation with our Texas team. You can hire us by phone.
Related pages
Attorney Advertising. NotGuilty.com is a website of The United Firm | Firma Defensora PC. Attorney responsible for this page: Alvaro Aguirre Jr., Texas Bar No. 24101436. Texas office: 1420 W. Mockingbird Ln., Suite 800, Dallas, TX 75247. The domain name is not a promise or prediction of any result. Every case is different, and prior results do not guarantee a similar outcome. This page is general information, not legal advice, and does not create an attorney-client relationship.
