What a DWI Charge in Texas Really Means and How to Protect Your Rights!
College Station, United States - July 31, 2025 / Stephen Gustitis, Criminal Defense Attorney /
Stephen Gustitis, Attorney at Law, a leading DWI defense law firm in Bryan, Texas, is providing vital legal guidance to individuals charged with Driving While Intoxicated (DWI). The firm is clarifying the legal definition of DWI in Texas, explaining the rights of defendants, and demonstrating how experienced DWI defense attorneys can significantly influence case results.
DWI in Texas
In Texas, a DWI is defined as operating a motor vehicle in a public place while intoxicated. Intoxication may be established in two ways:
A blood alcohol concentration (BAC) of 0.08% or higher, regardless of driving ability.
Loss of the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both, even without exceeding the BAC threshold.
The state interprets “operating” broadly. Being seated behind the wheel with keys in the ignition, even if parked, can be grounds for arrest. Commercial drivers face stricter limits at 0.04% BAC, while drivers under 21 are subject to a zero‑tolerance policy.
Response Strategies from a DWI Defense Law Firm
Stephen Gustitis, Attorney at Law ensures clients are aware of the procedural steps and rights essential to building a strong defense:
Providing the legally mandated Statutory Warning before any breath or blood testing.
Understanding that refusal of testing can trigger an automatic driver’s license suspension under Texas’s Administrative License Revocation (ALR) program.
Requesting an ALR hearing within 15 days to challenge a potential suspension.
Prompt and informed action often determines whether driving privileges can be preserved during the legal process.
Strategic Approaches by DWI Defense Attorneys
The legal team at Stephen Gustitis, Attorney at Law employs a variety of defense strategies to protect clients:
Contesting the legality of traffic stops that lack probable cause.
Challenging the accuracy and calibration of breathalyzer and blood‑testing devices.
Presenting evidence of medical conditions that may produce symptoms or results similar to intoxication.
Identifying procedural errors, such as incorrect administration of field sobriety tests, that may lead to reduced charges or case dismissal.
Stephen Gustitis emphasizes that an arrest does not automatically result in a conviction. According to the firm:
"Convictions are not inevitable in DWI cases. Dismissals have occurred when probable cause for the stop was insufficient or when testing equipment was found to be defective. Even certain medical conditions—such as acid reflux or diabetes—can cause inaccurate breath test results. Defendants benefit most when they remain composed, avoid making statements without legal counsel present, request their ALR hearing immediately, and retain all documentation provided by law enforcement. These actions can strongly influence the final outcome of a case."
Penalties Associated with Texas DWI Offenses
The severity of penalties for a DWI conviction in Texas depends on prior offenses and aggravating circumstances:
First Offense: Fines up to $2,000, jail time between 3 and 180 days, and license suspension up to one year.
Second Offense: Fines up to $4,000, jail time from one month to one year, and license suspension up to two years.
Third Offense: Felony classification, fines up to $10,000, imprisonment from two to ten years, and extended loss of driving privileges.
Aggravated cases—such as those involving child passengers, accidents, or injuries—carry additional penalties and heightened legal consequences.
Rights Available to Individuals Charged with DWI
The legal rights afforded to individuals charged with DWI in Texas are critical to a fair defense. These include:
The right to remain silent beyond providing identifying information.
The right to refuse sobriety testing, with awareness of the potential administrative consequences.
The right to legal representation before responding to investigative questioning.
The right to a fair trial and the opportunity to contest the prosecution’s evidence.
Assertive protection of these rights can substantially improve the prospects for a favorable resolution.
The Advantages of Representation by Stephen Gustitis, Attorney at Law
Over two decades of experience in Texas criminal defense.
Focused practice in DWI and related criminal cases.
Consistent record of favorable case outcomes, including reduced charges and dismissals.
Comprehensive representation from administrative hearings to jury trials.
To unveil the information on protecting the rights of drivers facing DWI charges, visit Stephen Gustitis, Attorney at Law’ blog post at “What is a DWI in Texas? Understanding the Basics and Your Rights!”
About Stephen Gustitis, Attorney at Law
Located in Bryan, Texas, Stephen Gustitis, Attorney at Law is a trusted DWI defense law firm serving clients across the state. Known for a meticulous and aggressive approach to litigation, Stephen Gustitis is recognized as one of Texas’s most respected DWI defense attorneys. The firm represents clients in all types of DWI cases, from first‑time misdemeanor charges to complex felony matters.
Contact Information:
Stephen Gustitis, Criminal Defense Attorney
307 Arguello Drive
College Station, TX 77840
United States
Stephen Gustitis
(979) 701-2891
https://www.gustitislaw.com/
