Personalized Legal Representation & Efficient Communication
Driving while intoxicated is one of the most common criminal charges drivers face in Texas. If you have been arrested for a DWI or DUI in Irving, the consequences of a conviction can include jail time, steep fines, and a suspension of your driver's license. Take action immediately by reaching out to Kelley Legal if you are facing these serious penalties. As a seasoned DUI attorney in Irving, Erin Kelley is fully prepared to handle your DWI defense with personalized attention. I intentionally maintain a smaller caseload, which allows me to deliver devoted representation and consistent, efficient communication throughout your case. Every question is answered, and every client receives the direct attention they deserve.
Serving clients across Irving and neighborhoods like Las Colinas and Valley Ranch, my background as aDUI defense attorney in Irvinggives me deep insight into local law enforcement and court systems. My proximity and familiarity with the Irving Municipal Court and Dallas County court procedures enable me to respond quickly, meet crucial deadlines, and keep you informed from start to finish. For Spanish-speaking residents of Irving, I provide fully bilingual legal support, ensuring no language barrier impedes your defense. My guidance covers not only your immediate DUI or DWI charge but also how a conviction could affect employment, license status, and, in some cases, immigration status for non-citizen residents.
Facing DWI Charges? Contact Us Today! A DWI conviction can seriously impact your future. Don’t face it alone—Kelley Legal is ready to defend you. Call us now at (469) 564-3420 for a free consultation.
What to Expect After a DWI/DUI Arrest in Irving, TX
If you are arrested for DWI or DUI in Irving, you will likely be processed by local law enforcement, often at the Irving Police Department, and transported to a nearby detention facility for booking. After your release, you will receive paperwork indicating your court date at the Irving Municipal Court or Dallas County Criminal Court, depending on the severity of your offense. Fast action is essential—the Texas Department of Public Safety gives you only 15 days to request an Administrative License Revocation (ALR) hearing to contest your driver's license suspension. Missing this deadline can result in an automatic license suspension, making it critical to retain a DWI/DUI defense attorney in Irving immediately to protect your license and start building your case.
By working with Kelley Legal, you will get a prompt assessment of your case and step-by-step guidance through every stage of your Irving, TX DWI process. I meet one-on-one with each client to review police reports, evaluate the arrest, and identify any issues in the evidence—ensuring no detail is overlooked. My familiarity with Irving court schedules, local prosecutors, and the courtroom environment means I can keep your case progressing efficiently while navigating both the criminal and administrative impacts of your DWI arrest. Fast, informed action helps protect your driving privileges, maintain your record, and preserve your reputation in the Irving community.
What Constitutes a Crime of Driving While Intoxicated?
Under Texas law, driving while intoxicated (DWI) prohibits motorists from operating a motor vehicle while:
Possessing a blood alcohol concentration (BAC) of .08% or more; or
Being intoxicated by drugs or alcohol to the extent that they lack the normal use of their mental or physical faculties.
In Texas, you may be charged with DWI even if you were not driving when stopped. The law defines DWI as "operating" a vehicle while intoxicated or with a prohibited BAC, so any action affecting the vehicle’s functioning can satisfy this element. Whether the engine is running, keys are in the ignition, or you are in control of the car in a public place—including parking lots—an officer in Irving may lawfully initiate a DWI arrest. This broad interpretation makes it vital to consult with adrunk driving attorney in Irving who understands local enforcement nuances.
Texas also enforces a strict “zero tolerance” law for underage drivers (those under 21). Any detectable amount of alcohol in an underage driver's system will result in legal penalties. These consequences can have far-reaching effects on young drivers in Irving, underscoring the need for skilled legal support.
How a Local DUI Attorney Can Benefit Your Case in Irving
When you are facing a DWI or DUI charge in Irving, working with a DWI attorney living in Irving brings significant, real-world advantages that go beyond basic legal advice. As a DWI defense attorney in Irving, I have a deep understanding of local laws, procedures, and the tendencies of the Irving Police Department, Dallas County Sheriff's Office, and prosecutors in our municipal courts. Whether your arrest happened on Loop 12, Highway 183, or after a night out in Las Colinas, every detail matters—and I use my knowledge of Irving’s legal environment to shape a defense tailored to the specifics of your situation and the sensibilities of local judges and juries.
At Kelley Legal, clients benefit from highly personalized support and a clear roadmap for managing their case. I take time to explain your options, the likelihood of different outcomes, and strategies for moving forward. My one-on-one guidance keeps you informed about plea negotiations and alternative sentencing options that may be available in Irving courts. I also provide bilingual legal services and work closely with immigration attorneys in the same office to help non-citizen clients fully understand the risk of immigration consequences stemming from DUI or DWI charges. My commitment to your case goes beyond the courtroom—I aim to protect your future, reputation, and peace of mind at every stage.
Penalties Upon Conviction – Jail Time, Fines, & License Suspension
The penalties for DWI conviction depend on the severity of the offense (more severe penalties for higher BACs), and any prior convictions:
First offense: Seventy-two hours to six months in jail; up to $2,000 in fines; 90 days to 12 months of license suspension; ignition interlock device (IID) required if the defendant seeks an occupational license during the suspension period
Second offense: Thirty days to 12 months in jail; up to $4,000 in fines; 180 days to two years of license suspension; one year of IID use
Third offense: Two to 10 years in jail; up to $10,000 in fines; 180 days to two years of license suspension; one year of IID use
Additional penalties and conditions—including mandatory alcohol education or addiction treatment—are often ordered by Irving courts if there are aggravating circumstances, such as having a minor in the vehicle, causing an accident, or refusing a chemical test at the time of the arrest. If you depend on your vehicle for work, family, or daily commuting in Irving, a license suspension can be highly disruptive. Understanding how to seek an occupational license and navigating the process with the help of a DUI defense attorney in Irving can be an important step in maintaining your ability to meet your responsibilities while your case moves forward.
Texas also applies “implied consent” laws, meaning that drivers lawfully arrested for a DWI must submit to a blood or breath test. Refusing a test can result in an additional 180-day license suspension for a first refusal and up to two years for repeat incidents. Any prior refusals or DWI convictions are considered over a ten-year period. I provide DWI/DUI defense that ensures your rights are protected throughout Irving’s legal process, managing all facets of your case from ALR hearings to final disposition.
Being charged with driving under the influence of alcohol or drugs can profoundly affect your right to drive and your day-to-day life. As your DUI attorney in Irving, I work to defend your driving privileges and build a strong case on your behalf, using my knowledge of Irving legal procedures to support your defense.
Consequences Beyond Criminal Penalties
Even if you avoid jail time, a DWI conviction can negatively impact nearly every area of your life—especially in communities like Irving, Texas—where employers, licensing boards, and universities rigorously check criminal backgrounds. If you drive for work along busy Irving roads like Highway 183 or Belt Line Road, a conviction could cost you your job or lead to a loss of your commercial driving privileges. Housing providers and local universities, including those in the DFW area, also consider DWI convictions on background checks. Furthermore, a conviction may make you ineligible for certain professional licenses regulated by Texas boards—a major issue for those in the healthcare, education, and financial sectors. These collateral repercussions are why you need a DUI defense attorney in Irving to safeguard your future from every angle.
Impact on Employment and Professional Licenses
Many employers conduct background checks, and a DWI can hurt job opportunities.
Professionals (doctors, nurses, teachers, etc.) may face disciplinary actions or lose their licenses.
Effects on Auto Insurance Rates and Policy Eligibility
Insurance rates can increase significantly after a DWI.
Some companies may refuse to renew your policy or require high-risk insurance.
Consequences for CDL (Commercial Driver’s License) Holders
A DWI can result in a one-year CDL suspension, even for a first offense.
A second DWI could result in a lifetime disqualification from commercial driving.
Travel Restrictions to Certain Countries with a DWI Record
Countries like Canada may deny entry to individuals with a DWI conviction.
You may need a special waiver or legal assistance to travel internationally.
Legal Defenses Against DWI/DUI Charges
Facing DWI or DUI charges in Irving does not guarantee a conviction. A knowledgeable drunk driving lawyer in Irving can often identify ways to challenge your arrest or evidence. Legal defenses may focus on errors in the stop, field sobriety test results, or the accuracy of breathalyzer machines. By working with a DWI/DUI defense attorney in Irving who understands the conduct of local police and prosecutors, you benefit from unique strategies that take Irving’s enforcement patterns into account—such as challenging stops at late-night checkpoints near Loop 12 or reviewing the calibration records of police equipment. Each DWI case is unique, and a defense tailored to local conditions is your best chance for a favorable outcome.
If you have been arrested for drunk driving in Irving, working with a DWI/DUI attorney who knows the local law enforcement procedures and court practices can make all the difference. I carefully examine every aspect of your arrest, including whether the Irving police had legitimate cause to initiate the stop or if officers followed proper protocol while gathering evidence. It’s common for field sobriety tests conducted on poorly lit roads near popular venues or routine traffic stops along major Irving streets to be flawed or misapplied. Problems with police equipment maintenance and unrecognized medical conditions can also affect evidence. I work hard as your DWI/DUI defense lawyer in Irving to build a defense that meets Texas legal standards and reflects exactly how cases are managed in Irving’s courts—ensuring every avenue is pursued to protect your future.
Challenging the Accuracy of Breathalyzer and Blood Tests
Breathalyzers and blood tests are not always reliable. Errors in testing or improper calibration can lead to false readings. Your attorney may challenge these results by:
Examining whether the breathalyzer was properly maintained and calibrated.
Checking if the officer followed proper procedures during the test.
Reviewing blood test handling to ensure no contamination or errors occurred.
Questioning the Legality of the Traffic Stop or Arrest
Police must have a valid reason (probable cause) to stop your vehicle. If your attorney in Irving proves the stop was unlawful, your case may be dismissed. Key defense points include:
Whether the officer had reasonable suspicion for the stop.
If your rights were violated during the arrest.
Whether field sobriety tests were conducted properly.
Rising BAC Defense (Alcohol Level Rising After Driving)
Alcohol takes time to absorb into your bloodstream. If you drank right before driving, your BAC may have been legal while you drove but rose after being stopped. Your attorney can argue in Irving’s courts that:
The test result does not reflect your BAC while driving.
The timing of the test affected the accuracy of the reading.
Medical Conditions That Mimic Intoxication
Some medical issues can cause symptoms similar to intoxication, and it’s crucial your Irving DWI/DUI defense lawyer reviews health factors. For example:
Diabetes, which can lead to confusion or slurred speech.
Acid reflux, which may affect breathalyzer results.
Neurological disorders that affect balance and coordination.
DWI & Underage Drivers: Special Laws and Penalties
Texas enforces very strict laws for underage drivers caught with alcohol in their system. In Irving, enforcement ramps up on weekends, school holidays, and at major local events. Police and prosecutors frequently bring charges under Texas’s zero-tolerance policy, and penalties can include fines, community service, alcohol counseling, and lengthy license suspensions. Many underage DWI arrests in Irving result from traffic stops near schools or heavily trafficked areas.
For students at Irving schools or area colleges, even a single DWI can impact everything from scholarship eligibility to future job prospects. If your child faces charges, you may need to appear in Irving Municipal Court and complete alcohol education programs to restore driving privileges. The consequences are lasting—making it crucial to seek help from a dedicated DWI/DUI attorney in Irving. Early legal action can minimize or even avoid disruptive penalties and give your family a clearer path forward.
Texas' "Zero Tolerance" Policy for Underage Drinking and Driving
Drivers under 21 cannot have any detectable alcohol in their system.
Even a BAC of 0.01% can lead to a DWI charge.
Additional Penalties for Minors Convicted of DWI
First offense: Fine up to $500, 60-day license suspension, community service, and alcohol education classes.
Second offense: Increased fines, longer suspension, and possible jail time.
Consequences for Parents or Guardians if a Minor is Caught Drinking and Driving
Parents who knowingly provide alcohol to minors may face fines and legal penalties.
If a minor causes injury or death while driving intoxicated, parents may be held liable.
A DWI charge can have lasting effects, but legal defenses are available. If you or a loved one is facing DWI charges, consulting with a DWI/ DUI attorney in Irving is essential.
Frequently Asked Questions (FAQ) About DWI/DUI in Texas
Can I refuse a breathalyzer or blood test?
Yes, but refusing comes with serious consequences. Under Texas' implied consent law, your license is automatically suspended—180 days for a first refusal and up to two years for repeat refusals. Prosecutors may use your refusal against you in court. If the test was administered improperly, your attorney may be able to challenge it. Work with a DWI/DUI defense attorney in Irving to explore your best defense.
Will a DWI Show Up on My Background Check?
Yes. A DWI appears on both your criminal and driving records, impacting your chances with employers, housing, and professional licensing. Unlike some minor offenses, a DWI does not disappear with time. Certain cases may qualify for expungement or nondisclosure, but most remain permanent. As with drug crimes, a drunk driving conviction can have lasting effects—prompt legal help from a DWI/ DUI attorney is critical.
Can I get my license back after a DWI arrest?
You have just 15 days to request an Administrative License Revocation (ALR) hearing to fight your suspension. If your license is suspended, you may qualify for an occupational license, which allows you to drive for work, school, and necessary errands. A DWI/ DUI attorney in Irving can guide you through this process and help preserve your driving privileges.
How Long Does a DWI Stay on My Record in Texas?
DWI convictions stay on your record permanently, unless expunged (which applies only in dismissals) or sealed via nondisclosure (which is available only in limited situations). Texas does not offer automatic removal of DWI convictions. As with domestic violenceand drug-related offenses, a DWI can follow you indefinitely—seek legal advice from a DWI/DUI lawyer in Irving for your options.
What happens if I get a DWI while visiting Texas from another state?
Texas shares DWI information with other states, so your home state may also suspend your license. You are still required to address your case in Texas, and hiring a DUI attorney in Irving gives you local insight and support in navigating the legal process back home.
Can I get a DWI while parked?
Yes. Texas law defines DWI as "operating" a vehicle while intoxicated. You can be charged even if your vehicle is not moving—for example, if you are sitting in the driver's seat with the keys in the ignition. A skilled DWI/DUI defense lawyer in Irving can help challenge such charges.
What’s the difference between a DWI and DUI in Texas?
A DWI charge is for drivers 21 and over with a BAC of 0.08% or higher, or those driving while impaired by alcohol or drugs. A DUI applies to those under 21 with any detectable amount of alcohol in their system—regardless of BAC. If you are unsure which charge you face, consult a DWI/DUI attorney in Irving for clarification and guidance.
Protect Your Rights – Contact Us Now! If you’ve been arrested for DWI, time is critical. Our experienced legal team can help build a strong defense. Call (469) 564-3420 to discuss your case today.
At Kelley Legal, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
"Erin Kelley handled my case in the best possible manner!"
As an out-of-state client, I felt very worried and she informed me she would work her hardest to ensure a positive resolution. Not only would I recommend her because of the great work that she does and her commitment, she is very economical as well and CAN
