Former Prosecutors Evaluating the Evidence Against You
At Lance Kennedy Law, we focus exclusively on criminal defense and represent people facing serious charges throughout Texas. Our Frisco DWI defense attorneys include former federal and Texas prosecutors who understand how the government investigates, charges, and tries criminal cases. Two attorneys at our firm are Board Certified in Criminal Law by the Texas Board of Legal Specialization.
Founder Lance Kennedy is a former Assistant United States Attorney, former Assistant District Attorney, and former U.S. Army Judge Advocate. He has tried seven federal jury trials and more than 50 Texas jury trials. We apply that courtroom experience to the traffic stop, field sobriety tests, chemical testing, officer observations, and procedural issues that can shape a DWI case.
Our documented results and attorney profiles provide background on our prior work. We give clients straightforward advice about the evidence, risks, and available strategies in their individual cases.
Driving while intoxicated (DWI) is a crime codified in Texas Penal Code § 49.04. This offense is committed when a person operates a motor vehicle in a public place while intoxicated by alcohol, drugs, or a combination of both.
State law defines “intoxicated” as the loss of normal mental or physical faculties due to alcohol and/or controlled substances. The statutory blood alcohol concentration (BAC) threshold is 0.08% for most drivers. Separate rules may apply to commercial drivers, including administrative consequences at lower alcohol concentrations.
DWI charges aren’t solely dependent on BAC levels. An officer may claim probable cause based on slurred speech, the smell of alcohol, driving behavior, field sobriety tests, or other observable signs of impairment, even without a breath or blood result. We examine those observations alongside body-camera footage, medical information, prescription records, test procedures, and the circumstances of the traffic stop.
Texas DWI Penalties by Offense Level
In Texas, the penalties for DWI depend on the offense classification, prior convictions, alleged BAC, and aggravating circumstances. Criminal penalties are separate from Administrative License Revocation and other driver’s-license proceedings.
Common offense classifications and statutory penalty ranges include:
First DWI offense: A standard first offense is generally a Class B misdemeanor, punishable by 72 hours to 180 days in jail and a fine of up to $2,000. Other facts, including an open container or an alleged BAC of 0.15% or higher, can change the minimum confinement period or offense level.
Second DWI offense: A second offense after one qualifying prior conviction is generally a Class A misdemeanor, punishable by 30 days to one year in jail and a fine of up to $4,000.
Third DWI offense: A third offense involving qualifying prior convictions is generally a third-degree felony, punishable by two to 10 years in prison and a fine of up to $10,000.
A sentence may also involve probation conditions, community service, alcohol or substance-use education, and installation of an ignition interlock device. The potential consequences depend on the charge, the person’s history, the final resolution, and current Texas law. We evaluate dismissal, reduction, trial, and other legally available options without promising a particular result.
Additional Consequences of a DWI Conviction
A DWI conviction can also affect:
Reputational standing
Immigration and employment opportunities
Socioeconomic circumstances, such as the ability to secure affordable housing
Educational enrollment or financial aid
Insurance rates
Professional licensing
The ability to drive for work
A charge and a conviction aren’t the same legal event. The possible collateral effects vary with the person’s occupation, immigration status, housing situation, educational program, insurance circumstances, and final case resolution. We consider those individual concerns when explaining the risks and building a defense strategy.
Aggravated & Felony DWI Charges in Frisco
DWI allegations can become more serious when the case involves a child passenger, an alleged BAC of 0.15% or higher, qualifying prior convictions, serious bodily injury, or death. Texas Penal Code Chapter 49 addresses these circumstances through separate charges and enhanced classifications rather than a single offense called aggravated DWI.
DWI with a child passenger is generally charged as a state jail felony. An alleged BAC of 0.15% or higher can elevate a standard first DWI to a Class A misdemeanor, while qualifying prior convictions can make a DWI a felony. Intoxication assault and intoxication manslaughter are separate felony offenses with more severe penalty ranges.
The charging instrument and surrounding facts determine the actual allegation. We analyze the evidence supporting each element, identify procedural or evidentiary issues, and prepare serious DWI cases for the possibility of trial.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
If you were arrested for DWI, the defense should begin with a detailed review of the stop, arrest, testing, video, and officer reports. At Lance Kennedy Law, we evaluate the specific facts to identify weaknesses in the government’s evidence and determine which defense strategies are supported by the record.
Potential issues in a DWI defense include:
Challenging field sobriety tests: Field sobriety tests aren’t always accurate indicators of intoxication due to their subjective nature. We examine the officer’s instructions and administration, surface and weather conditions, footwear, medical limitations, and whether the video supports the written report.
Questioning breath or blood testing: We review testing procedures, equipment maintenance and calibration, blood-draw protocols, warrants, chain of custody, laboratory records, and medical conditions that may affect the interpretation of results.
Examining the stop and arrest: Law enforcement must have reasonable suspicion for a traffic stop and probable cause for an arrest. A motion to suppress is a legal request to exclude evidence obtained in violation of constitutional or statutory requirements, when supported by the facts and law.
Comparing reports with recordings: Body-camera and dashboard-camera footage may reveal differences between an officer’s report and what occurred during the stop, testing, or arrest.
Our experience as prosecutors gives us insight into how the government evaluates DWI evidence and prepares a criminal case. We use that perspective to pressure-test the allegations while considering dismissal, reduction, trial, and other legally available resolutions.
Administrative License Revocation Deadlines
Administrative License Revocation is a civil process handled separately from the criminal DWI case. Texas uses this process when a driver allegedly refuses a requested specimen or provides a specimen at or above the applicable alcohol concentration threshold.
For certain suspension notices, the driver has 15 days from service to request a hearing. A late request may be denied, so the paperwork received after an arrest should be reviewed promptly. The notice, test type, license classification, vehicle type, and circumstances of the arrest can affect the available administrative process.
Commercial drivers and people whose employment depends on driving may face additional practical concerns. We can evaluate the criminal charge and related license issues as part of a coordinated strategy, including whether an occupational driver’s license may be available under the circumstances.
Can Prescription Medication Lead to a DWI Arrest?
Yes. Intoxication by a substance that allegedly causes the loss of normal mental or physical faculties can support DWI charges, including when the substance is a legally prescribed medication. If you were arrested for a drug DWI on the Sam Rayburn Tollway, the key question isn’t simply whether the medication was legally prescribed. The government must rely on evidence it claims shows intoxication while operating a vehicle in a public place.
Unlike the BAC threshold for alcohol-related DWI, there isn’t a single numerical impairment limit for prescription drugs. These cases may rely heavily on officer observations, field sobriety tests, drug-recognition evidence, toxicology, medical records, and prescription information. From scrutinizing police procedures to challenging improperly obtained evidence, we draw on our knowledge of Texas drug crime laws to develop a defense based on the facts.
Get a Prompt Review of Your DWI Case
A consultation can help identify immediate license deadlines, clarify the charge, and determine which reports, recordings, test records, and medical information should be reviewed. Our Frisco DWI defense attorneys provide direct advice about the risks, options, and strategy supported by the available evidence.
Payment plans are available to help clients secure representation. No attorney can promise a dismissal, reduction, acquittal, license result, or sentencing outcome, but our team can analyze the evidence, prepare for trial when necessary, and explain each stage of the process.
If authorities arrested you or a family member in Austin, here are some key steps to consider:
Exercise your right to remain silent. Avoid discussing your case with anyone except your lawyer.
Request an attorney immediately. If you can’t afford one, ask for a court-appointed lawyer.
Contact a family member or trusted friend to inform them of your situation.
Do not resist arrest or argue with law enforcement, even if you believe the arrest is unjustified.
Remember details about your arrest, including officer names and badge numbers if possible.
Attend your arraignment, where you’ll be informed of charges and can enter a plea.
Gather relevant documents and information for your case.
Follow all court orders and attend all scheduled hearings.
Consider contacting a bail bondsman if bail is set and you need assistance posting it.
Contact Lance Kennedy Law for a free consultation about potential defense strategies and the next steps in your case.
Whether you should plead guilty or not guilty is a serious legal decision that requires careful consideration of the specific details of your case. This choice can have major consequences for your future.
The best course of action is to consult criminal defense attorney Lance Kennedy, who can review the evidence, charges, and circumstances of your case. I’ll examine your case at no cost, advise you on the potential outcomes of different pleas, and help you make an informed decision. Contact Lance Kennedy Law as soon as possible so we can get started on your case.
Three things: Contact a criminal defense lawyer in your county and then call a bail bondsman to see about getting your friend or family member released.
Tell your friend or family member not to answer any questions about the incident and to ask for a lawyer, which should stop any police questioning.
Instead of waiting out the resolution of your case in jail, bail allows you to be released if you put up a financial deposit as a promise to appear in court.
Typically, people accused of a crime hire a bail bondsman. The bondsman will pay the county the entire bail amount in exchange for you paying the bondsman 10% of the bond.
For example, a typical aggravated assault bond in Comal County is $30,000. You can pay that amount to the county to get released, and the bail bondsman will refund it to you after your case is over.
Or you can pay a bail bondsman a non-refundable fee of $3000 (10% of the bail amount) in exchange for them posting the entire amount.
Yes. I typically require half the fee to be paid up front, and clients can pay the balance over time.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
1
Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
2
Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
