Giddings DWI Lawyer

A DWI arrest in Lee County changes things quickly. What started as a routine drive home now involves a criminal record, a potential license suspension, mandatory classes, and possibly jail time. The local courts in Giddings move on their own timeline, and without someone who knows how to work this system, cases that could have been fought often end in outcomes that follow people for years. If you or someone you care about was arrested for driving while intoxicated in Giddings or anywhere in Lee County, getting the right legal representation early makes a real difference in where things land.

At The Law Offices of David C. Hardaway, we handle DWI defense across Central Texas, including in Lee County and the communities surrounding Giddings. Our Giddings DWI lawyer representation covers everything from first-time arrests to cases involving prior convictions, accidents, or elevated blood alcohol readings. We look at the stop itself, the field sobriety testing, the breath or blood evidence, and every procedural step that brought you to this point, because each of those elements is either an opportunity for your defense or a gap that needs to be addressed before trial.

DWI law in Texas is detailed and the consequences are real. But an arrest is not a conviction. The path from a roadside stop to a final outcome involves multiple stages where the strength of the evidence can be tested, challenged, and sometimes dismantled entirely. That work requires preparation, and it has to start before the first court date.

What a DWI Conviction in Texas Actually Costs You

People often think of a DWI as a traffic matter. It is not. Under Texas law, even a first-offense DWI is a Class B misdemeanor, carrying a possible jail sentence, fines, and a license surcharge system that can drain your finances for years. A conviction goes on your criminal record permanently and it can surface during background checks for employment, housing applications, professional licensing, and loan approvals.

The financial hit is significant. Beyond fines and court costs, Texas imposes annual surcharges on your driver’s license for a DWI conviction. Add in the cost of required alcohol education programs, ignition interlock device installation if required, increased insurance premiums, and you are looking at thousands of dollars in cumulative expenses even for a first offense. For commercial drivers holding a CDL, a DWI conviction can end a career. For non-citizens, it can trigger immigration consequences that affect your ability to remain in or return to the United States.

A second offense becomes a Class A misdemeanor with a mandatory minimum jail sentence. A third or subsequent offense, or a case involving a child passenger or a blood alcohol concentration above a certain threshold, can be charged as a felony. The classification matters enormously for sentencing, for probation eligibility, and for the long-term impact on your record.

DWI Charge Categories Defended in Lee County and Giddings Courts

• First-Offense DWI: Most people arrested in Giddings for DWI have no prior criminal history. A first offense is still a criminal charge, not a citation, and the outcome determines whether this stays on your record or gets resolved in a way that preserves your options going forward.
• DWI with a Blood Alcohol Concentration Above 0.15: Texas law treats higher BAC readings as a Class A misdemeanor even on a first offense, which means the potential penalties are more severe from the start and the prosecution typically treats these cases more aggressively.
• DWI with a Child Passenger: If someone under 15 years old was in the vehicle at the time of the arrest, the charge becomes a state jail felony regardless of prior history or BAC level. This classification changes the defense landscape substantially.
• Felony DWI (Third Offense or More): A third DWI conviction in Texas is a third-degree felony, carrying a prison sentence range and permanent felony status on your record. Defense at this level requires careful examination of whether prior convictions were properly established and whether evidence in the current case can be challenged.
• DWI Involving an Accident or Injury: When a DWI stop involves a collision, property damage, or injuries to another person, the charge can escalate to intoxication assault or intoxication manslaughter, both of which are felonies with serious sentencing exposure.
• Driving While Intoxicated with Drugs (DUID): Texas DWI law covers intoxication by any substance, not just alcohol. Drug-related DWI cases often involve different testing procedures and expert evidence, and they require defense strategies tailored to how chemical impairment is proved and challenged.
• License Suspension (Administrative License Revocation): Separate from the criminal case, Texas initiates an administrative license suspension process after a DWI arrest. You have a short window to request a hearing to contest this suspension, and missing that deadline results in an automatic loss of driving privileges regardless of what happens in the criminal case.

What to Do After a DWI Arrest in Giddings

The period immediately following a DWI arrest is the most consequential and often the most mishandled. After you are released from custody, your first priority is the administrative license suspension deadline. In Texas, you have 15 days from the date of arrest to request a hearing to contest the suspension of your driver’s license. That deadline is hard. Miss it, and your license is suspended automatically once the statutory period runs. Requesting that hearing also preserves your right to a preliminary proceeding where defense attorneys can sometimes gather useful information about the case before the criminal side progresses.

DWI cases in Giddings are prosecuted through the Lee County courts. The Lee County District Attorney’s office handles felony matters, while the County Attorney handles misdemeanor DWI prosecutions. The Lee County Courthouse is located in downtown Giddings on Richmond Street, and that is where your case will be processed, where motions will be argued, and where any trial would take place. Knowing how the local court operates, who the prosecutors are, and what their tendencies are in DWI negotiations is genuinely useful knowledge that comes from working in these courts regularly, not just studying the statutes.

Do not speak with law enforcement or prosecutors without an attorney present. Anything you say after an arrest can be used against you, and statements made in the informal conversational context after a stop are frequently some of the most damaging evidence in a DWI case. Politely decline to answer substantive questions and make clear that you want to speak with counsel.

Write down everything you remember about the stop as soon as possible. The officer’s actions, what was said, the conditions on the road, whether you had eaten or slept recently, any medications you were taking, how the field sobriety tests were conducted, and anything else you observed. Memory fades, and this kind of contemporaneous detail can support a defense that challenges the officer’s observations or the administration of the tests.

How DWI Evidence Gets Challenged in Texas Courts

A DWI conviction requires proof beyond a reasonable doubt, and the evidence used to reach that standard is not always as reliable as it appears at first. Field sobriety tests, for example, are standardized procedures that are supposed to be administered in a specific way under specific conditions. Officers who deviate from that protocol, administer tests on uneven surfaces, or fail to account for physical conditions like injuries or neurological issues can produce results that do not accurately reflect impairment. Challenging the administration of standardized field sobriety tests is one of the most common and productive avenues in DWI defense.

Breath testing equipment, specifically the Intoxilyzer devices commonly used in Texas, must be maintained and calibrated on a documented schedule. If the maintenance records show gaps, if the device was not operating within specifications, or if the sample was not properly obtained, the breath test result can be challenged. Blood tests present different issues around chain of custody, proper handling and storage, and the qualifications of the analyst who processed the sample. In some cases, independent retesting of a blood sample can produce different results that contradict the state’s evidence.

The traffic stop itself is also subject to scrutiny. Law enforcement must have reasonable suspicion to stop a vehicle. If the stop was not legally justified, all evidence gathered after it, including field sobriety tests, breath samples, and officer observations, can be challenged through a motion to suppress. A successful suppression motion can fundamentally change the trajectory of a DWI case, sometimes resulting in dismissal when the prosecution cannot proceed without the suppressed evidence.

Questions People Ask About DWI Cases in Lee County

What is the legal BAC limit for DWI in Texas?

For most drivers, the legal threshold is a blood alcohol concentration of 0.08 or higher. For commercial drivers, the limit is 0.04. For drivers under 21, Texas law applies a stricter standard under its zero-tolerance policy, meaning any detectable alcohol can result in a charge. However, a person can also be charged with DWI below the 0.08 threshold if the prosecution can establish that alcohol or another substance impaired their normal use of mental or physical faculties.

Can a first DWI in Texas be dismissed or expunged?

Dismissal is possible depending on the strength of the evidence and the outcome of any motions filed in your case. If a case is dismissed or results in an acquittal after trial, expunction may be available to seal or destroy the arrest records. A deferred adjudication is not available for DWI in Texas the same way it is for many other charges, which makes early defense work particularly important for people trying to avoid a permanent conviction.

Will I lose my license if I refused the breath test?

Texas’s implied consent law means that refusing a breath or blood test triggers an automatic license suspension separate from the criminal case. The suspension period for refusal is typically longer than the suspension that follows a failed test. You still have the right to contest the administrative suspension by requesting a hearing within 15 days of your arrest, and that hearing is worth pursuing even when refusal is involved.

How long does a DWI case typically take to resolve in Lee County?

Timelines vary considerably depending on whether the case involves a blood test (which requires lab processing and results that can take weeks to months), whether motions are filed and argued, and whether the case goes to trial or resolves through negotiation. A straightforward first-offense breath test case might resolve in a few months. Cases with contested evidence, felony charges, or trial settings can take considerably longer. The Lee County courts operate on their own docket schedule, and local familiarity with how cases move through that system helps in planning defense strategy realistically.

Does a DWI arrest affect my commercial driver’s license?

Yes, and the consequences are more severe than for a standard license. Federal regulations require disqualification of a CDL for a first DWI conviction, even if the arrest occurred while driving a personal vehicle. A second conviction results in lifetime disqualification. For professional drivers, this makes DWI defense not just a criminal matter but a direct career threat. CDL holders facing DWI charges in Giddings or anywhere in Lee County need defense counsel from the very beginning.

What happens if I was arrested on U.S. Highway 290 or State Highway 77 near Giddings?

Arrests on those corridors fall under Lee County jurisdiction and are typically handled through the county and district courts in Giddings. Highway stops can involve DPS troopers or Lee County Sheriff’s deputies, and the arresting agency affects which records and equipment logs need to be obtained during discovery. The specific circumstances of the stop, including why the officer initiated the contact, what they observed, and how they conducted the investigation, are all relevant to building a defense.

Can a DWI charge affect a professional license in Texas?

For many licensed professionals, yes. Nurses, teachers, attorneys, social workers, pharmacists, and others who hold state-issued professional licenses may be required to report a criminal arrest or conviction to their licensing board. The board then has discretion to investigate and potentially discipline the license holder. Avoiding a conviction or minimizing the charge can be critical not just for avoiding criminal penalties but for preserving the license and the career tied to it.

Is it possible to challenge a DWI if I failed the field sobriety tests?

Yes. Failing standardized field sobriety tests does not mean the tests were administered correctly or that the results accurately reflect impairment. These tests have documented limitations, and factors including physical conditions, nervousness, footwear, road surface, lighting, and officer instructions all affect performance. An attorney who understands how these tests are supposed to work, and what deviations from protocol look like, can challenge test results even when the officer’s notes say the defendant failed.

What should I do if I believe the officer did not have a reason to stop me?

Tell your attorney as soon as possible and provide as much detail as you can about the circumstances of the stop. If the officer lacked reasonable articulable suspicion to initiate the traffic stop, any evidence gathered afterward, including test results and observations, may be suppressible. This is a constitutional challenge that requires a motion to suppress filed in the criminal case. The success of that motion depends on the specific facts and the judge assigned to your case, but it is one of the most powerful tools available in DWI defense.

Can a DWI affect my immigration status?

For non-citizens, a DWI conviction can have significant immigration consequences. Depending on the charge level, the number of convictions, and the person’s current immigration status, a DWI may be treated as a crime involving moral turpitude or trigger other grounds for removal. Non-citizens charged with DWI in Giddings or Lee County should make sure their defense attorney understands the potential immigration consequences so that any resolution of the criminal case accounts for those risks.

DWI Attorney Serving Giddings and Lee County Communities

The Law Offices of David C. Hardaway represents clients facing DWI charges across Lee County and the broader Central Texas region. In and around Giddings, we work with clients from throughout the county, including those in Lincoln, Giddings proper, Lexington, and the rural stretches along U.S. 290, State Highway 77, and the roads connecting Lee County to neighboring Bastrop, Washington, Fayette, and Burleson Counties. Our practice extends across the I-35 corridor through Hays, Guadalupe, Comal, and Caldwell Counties, and we regularly appear in courts in San Marcos, New Braunfels, Seguin, Lockhart, and Luling. We also serve clients in the Hill Country communities near Fredericksburg, in Washington County near Brenham, and eastward toward Grimes and Madison Counties. The geographic reach of our practice reflects a straightforward commitment: wherever in Central Texas a client is facing serious criminal charges, we are prepared to provide defense that is grounded in real courtroom experience across the region.

Talk to a Giddings DWI Attorney Before Your Next Court Date

The decisions made in the early stages of a DWI case often determine its outcome. Waiting too long to retain counsel, missing administrative deadlines, or assuming a first offense will resolve itself are the kinds of choices that close off options that might otherwise have been available. A Giddings DWI attorney at The Law Offices of David C. Hardaway can review the facts of your case, explain what the evidence actually shows, and give you a direct, honest assessment of where things stand and what can be done. Contact our office to schedule a confidential consultation and start building your defense now.