A DWI arrest in Waco moves fast. Most people are arraigned within days, and a conviction brings consequences that outlast the case itself: license suspension, higher insurance premiums, and a criminal record that Texas law does not allow you to expunge.
Lance Kennedy Law defends DWI and DUI charges throughout Waco and McLennan County, from a first arrest to a felony repeat offense. Here's how our team helps:
Free, 24/7 case review, day or night, from the moment you're arrested or released.
A free copy of our DWI Book, answering the questions every Texas DWI defendant has before their first court date.
Attorneys who understand the science and procedure behind these cases, including breath and blood testing, field sobriety evaluations, and how McLennan County officers document a stop.
Backed by Board Certified Criminal Law trial attorneys and membership in the DUI Defense Lawyers Association.
Flexible payment plans, because cost shouldn't decide your defense.
DWI cases are often won or lost on details most people never think to question, calibration records, dash-cam footage, the officer's own report, and those details disappear or go unchallenged the longer a case sits without a lawyer looking at it.
Call (737) 324-7540 or contact us online for a FREE, confidential DWI case review. Our Waco DUI defense attorneys serve clients across McLennan County and beyond
A Record of Success in DWI Cases
Lance Kennedy Law has a substantial record of success representing people charged with DWI and DUI offenses ranging from routine first arrests to repeat charges carrying felony exposure. Recent results include:
Probation. DWI (M-B).
Deferred Adjudication. Driving While Intoxicated.
Dismissed. DWI 2nd.
MTR Withdrawn, Deferred Adjudication. Driving While Intoxicated.
Our attorneys defend the full range of alcohol and drug-related driving charges in Waco and McLennan County, including:
First, second, and felony (third-or-more) DWI
DWI with a child passenger
Intoxication assault and intoxication manslaughter
Boating while intoxicated (BWI)
Minor DUI, Texas's zero-tolerance charge for drivers under 21 with any detectable alcohol
Refusal and test-related charges, including breath and blood test refusals
Whatever the specific charge, Texas law defines DWI as operating a motor vehicle in a public place while intoxicated, meaning the driver lacks normal use of mental or physical faculties due to alcohol or drugs, or has a blood alcohol concentration of 0.08 or higher.
The State has to prove both that you were operating the vehicle and that you were intoxicated at that time, beyond a reasonable doubt. Field sobriety tests, breath or blood results, and officer observations are the usual building blocks of that proof, and each one carries its own weaknesses.
Penalties for a Texas DWI
Penalties escalate quickly with each subsequent offense and with certain aggravating facts:
First DWI. Class B misdemeanor: 72 hours to 180 days in jail, fine up to $2,000, license suspension up to a year.
DWI with BAC of 0.15 or higher, or an open container. Enhanced to a Class A misdemeanor even on a first offense.
Second DWI. Class A misdemeanor: 30 days to a year in jail, fine up to $4,000.
Third DWI. Third-degree felony: 2 to 10 years in prison, fine up to $10,000.
DWI with a child passenger under 15. Class A misdemeanor regardless of prior record, fine up to $10,000.
Intoxication assault. Third-degree felony when a crash causes serious bodily injury to another person.
Intoxication manslaughter. Second-degree felony when a crash results in another person's death.
The License Clock: Texas's Administrative License Revocation
An arrest for DWI triggers a separate, faster-moving process from the criminal case itself. Under Texas's Administrative License Revocation (ALR) law, a driver who fails or refuses a breath or blood test has only 15 days from the date of arrest to request a hearing challenging the license suspension.
Miss that window, and the suspension takes effect automatically, regardless of how the criminal case eventually resolves.
Common Defenses in a DWI Case
Every DWI case turns on the reliability of the evidence behind it, and that evidence is often more vulnerable than it looks:
The stop itself. Whether the officer had reasonable suspicion to pull you over in the first place.
Field sobriety test administration. Whether tests were conducted and scored according to standardized procedure.
Breath and blood test reliability. Calibration records, maintenance logs, and chain of custody can all undermine a test result.
Rising BAC. Whether your blood alcohol level was actually below the legal limit while driving and rose afterward.
Frequently Asked Questions
How Long Do I Have to Request an ALR Hearing?
15 days from the date of your arrest. Missing that deadline results in an automatic license suspension.
Is DUI Different From DWI in Texas?
Yes. In Texas, DUI specifically refers to a minor operating a vehicle with any detectable alcohol, a Class C misdemeanor. DWI applies to drivers of any age at or above the legal intoxication threshold.
Can a First DWI Be Dismissed?
Sometimes. Outcomes depend on the strength of the stop, the testing, and the officer's documentation. Dismissals and reductions are realistic outcomes in the right case.
Can a DWI Conviction Be Expunged in Texas?
No. Texas law does not allow expunction of a DWI conviction. Cases that are dismissed or result in an acquittal may qualify.
Will I Lose My License After a DWI Arrest?
Not automatically, and not immediately. Requesting an ALR hearing within 15 days can delay or prevent the suspension while your case is pending.
Request a FREE Case Review: (737) 324-7540
If you were arrested for DWI in Waco, the 15-day window to challenge your license suspension is already ticking, separate from whatever happens with the criminal charge.
Call (737) 324-7540 or contact us online for a FREE, confidential case review with a Waco DWI defense attorney.
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- Jenny B.
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When your freedom is on the line, partnering with a trusted defense lawyer is paramount to dismissing or reducing the charges against you. Some important reasons to work with our nationally acclaimed attorneys include:
Legal guidance. We can explain the charges against you, review your legal options, and help you make informed decisions throughout your case.
Navigating criminal court. Our firm is familiar with local court processes and procedures to help you navigate the intricacies of your criminal case.
Building a defense. We can analyze the prosecution’s evidence against you and build a robust defense on your behalf.
Negotiating with prosecutors. Whether it’s a dismissal, reduced charges, or a plea deal, we can negotiate skillfully on your behalf to pursue a fair outcome.
Reducing potential penalties. Our goal is to mitigate the potential impacts of a criminal conviction on your life, liberty, and livelihood.
If you were arrested for DWI near The Galleria, you could lose your driver’s license if you refuse to take a chemical test or have a blood alcohol concentration (BAC) of 0.08% or higher. However, this is not automatic.
A DWI arrest triggers two separate legal proceedings: the criminal case and an administrative license revocation (ALR) case handled by the Department of Public Safety (DPS). In most cases, you have 15 days from the date of arrest to request an ALR hearing to challenge the suspension.
Failure to meet this deadline can result in the automatic suspension of your license, even if you are not convicted. We can work tirelessly to protect your driving privileges by requesting an ALR hearing on your behalf and representing you in both the criminal and civil proceedings.
In 2025, possessing any amount of marijuana is illegal in Texas. If you were caught with marijuana in Montrose, the exact penalties depend on the classification of the crime.
For example, a class B misdemeanor (possessing up to 2 ounces) is punishable by up to 180 days in jail and a maximum fine of $2,000. A class A misdemeanor (possessing 2-4 ounces) is punishable by up to one year in jail and a maximum fine of $4,000.
Depending on your case, you might be eligible for a pre-trial diversion program, which can lead to dismissed or expunged charges. Our firm is well-versed in the complex and evolving legal landscape of marijuana laws to help you pursue a favorable outcome.
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.
3
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.
