DWI & Intoxication Defense in Corpus Christi: Protecting Your License, Your Freedom, and Your Future

A DWI charge can happen in an instant. You are driving home from a night out on South Padre Island Drive, headed down Staples Street, or crossing the Crosstown Expressway. Flashing lights appear in your rearview mirror. Within minutes, you are handcuffed, facing a charge that can result in jail time, driver’s license suspension, thousands of dollars in fines and fees, and a permanent criminal record. In Corpus Christi and throughout the Coastal Bend, DWI is prosecuted aggressively. A first-time DWI is a Class B misdemeanor, but with enhancements—such as a high blood alcohol concentration, an accident, or a child in the vehicle—the penalties escalate dramatically. When your license, your freedom, and your future are on the line, you need a defense attorney who understands the science of DWI testing and will fight to protect your rights.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are charged with DWI and intoxication offenses. Whether you were stopped on SPID, pulled over on Leopard Street, or involved in an accident on Interstate 37, we provide the aggressive, knowledgeable representation you need to protect your license, your freedom, and your future. With extensive experience in the Nueces County criminal courts and a deep understanding of field sobriety testing, breathalyzers, and blood testing, we guide our clients through every stage of the defense process.

Understanding DWI in Texas

Driving While Intoxicated (DWI) is defined under Section 49.04 of the Texas Penal Code. A person commits DWI if they operate a motor vehicle in a public place while intoxicated.

What Does “Intoxicated” Mean?

Under Texas law, a person is intoxicated if:

• They do not have the normal use of their mental or physical faculties due to alcohol, drugs, or a combination of substances, OR

• They have an alcohol concentration of 0.08 or more

This means that even if your BAC is below 0.08, you can still be charged with DWI if an officer believes your faculties were impaired.

Penalties for DWI

First Offense

• Class B misdemeanor

• 3 to 180 days in jail

• Fine up to $2,000

• Driver’s license suspension (90 days to 1 year)

• Annual surcharge of $1,000 for 3 years to reinstate license

• DWI education program

Second Offense

• Class A misdemeanor

• 30 days to 1 year in jail

• Fine up to $4,000

• Driver’s license suspension (180 days to 2 years)

• Annual surcharge of $1,500 for 3 years

• DWI intervention program

Third Offense

• Third-degree felony

• 2 to 10 years in prison

• Fine up to $10,000

• Driver’s license suspension (180 days to 2 years)

• Annual surcharge of $2,000 for 3 years

Enhanced DWI Offenses

Certain circumstances can elevate a DWI to a higher level:

DWI with a Child Passenger

If a child under 15 is in the vehicle, the offense is a state jail felony, punishable by 180 days to 2 years in state jail.

Intoxication Assault

Causing serious bodily injury while driving intoxicated is a third-degree felony (2 to 10 years) or second-degree felony (2 to 20 years) if the victim is a peace officer or emergency responder.

Intoxication Manslaughter

Causing death while driving intoxicated is a second-degree felony (2 to 20 years).

DWI with High BAC (0.15 or above)

A BAC of 0.15 or above can result in enhanced penalties, including longer license suspension and mandatory ignition interlock.

How DWI Charges Arise in Corpus Christi

DWI charges in Corpus Christi typically arise in several contexts:

Traffic Stops

A routine traffic stop is the most common source of DWI charges. An officer observes a traffic violation—weaving, speeding, running a red light—and initiates a stop. The officer then investigates for signs of intoxication.

Common locations for DWI stops in Corpus Christi include:

• South Padre Island Drive (SPID)

• Staples Street

• Crosstown Expressway (Highway 286)

• Interstate 37

• Leopard Street

• Saratoga Boulevard

• Ocean Drive

Accidents

If you are involved in an accident, police will investigate and may suspect intoxication.

Checkpoints

Law enforcement conducts DWI checkpoints throughout Corpus Christi, particularly on weekends and holidays.

Public Intoxication

Public intoxication is a Class C misdemeanor, but can lead to further charges if you are found to be operating a vehicle.

Field Sobriety Testing

When an officer suspects intoxication, they will typically administer field sobriety tests:

Standardized Field Sobriety Tests (SFSTs)

Horizontal Gaze Nystagmus (HGN)
The officer checks for involuntary jerking of the eyes as they follow an object. This test can be affected by medical conditions, fatigue, and other factors.

Walk-and-Turn
The suspect is asked to take nine steps in a straight line, turn, and return. This test can be affected by age, injury, footwear, and uneven pavement.

One-Leg Stand
The suspect stands on one leg for 30 seconds. This test can be affected by balance issues, injury, and other physical conditions.

Preliminary Breath Test (PBT)

A portable breath test administered at the scene. Results are not admissible at trial but can provide probable cause for arrest.

Chemical Testing

After arrest, you will be asked to provide a breath or blood sample:

Breathalyzer (Intoxilyzer 9000)

The Intoxilyzer 9000 is the machine used by Texas law enforcement. The machine can produce inaccurate results due to:

• Improper calibration

• Operator error

• Mouth alcohol (from burping, vomiting, or dental work)

• Medical conditions (GERD, diabetes, etc.)

• Environmental factors

Blood Testing

Blood tests are considered more accurate than breath tests, but they are not infallible. Challenges include:

• Improper collection

• Improper storage

• Chain of custody issues

• Fermentation of blood samples

• Contamination

Driver’s License Suspension (ALR Hearing)

When you are arrested for DWI, the officer will take your driver’s license and issue a notice of suspension. You have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing. If you do not request a hearing within 15 days, your license will be automatically suspended.

The ALR hearing is separate from the criminal case. It focuses on:

• Whether the officer had reasonable suspicion to stop you

• Whether the officer had probable cause to arrest you

• Whether you refused to provide a breath or blood sample

• Whether your BAC was above 0.08

Winning the ALR hearing can prevent or shorten your license suspension, even if the criminal case is still pending.

Defending Against DWI Charges

A strong defense can mean the difference between a conviction and an acquittal. Common defense strategies include:

Challenging the Traffic Stop

The officer must have reasonable suspicion to stop your vehicle. If the stop was illegal, all evidence from the stop may be suppressed.

Challenging Field Sobriety Tests

Field sobriety tests are not always reliable. Your attorney may challenge:

• Whether the tests were administered properly

• Whether the officer was properly trained

• Whether physical or medical conditions affected your performance

Challenging the Breathalyzer

Your attorney may challenge:

• Whether the machine was properly calibrated

• Whether the operator was certified

• Whether there were interfering factors (mouth alcohol, medical conditions)

Challenging the Blood Test

Your attorney may challenge:

• Whether the blood was properly drawn

• Whether the chain of custody was maintained

• Whether the sample was properly stored

• Whether the test results are accurate

Rising Blood Alcohol Defense

Alcohol takes time to absorb into the bloodstream. If you were drinking shortly before driving, your BAC may have been below 0.08 at the time of driving but rose above 0.08 by the time of the test.

Medical Conditions

Certain medical conditions can mimic signs of intoxication or affect test results, including:

• Diabetes

• Neurological disorders

• GERD

• Inner ear problems

Frequently Asked Questions About DWI

What is the legal BAC limit in Texas?

The legal limit is 0.08 for drivers over 21. For commercial drivers, the limit is 0.04. For drivers under 21, there is a zero-tolerance policy—any detectable alcohol can result in a DWI.

Can I refuse a breathalyzer in Texas?

Yes, you can refuse, but refusal carries consequences. Under Texas’s implied consent law, refusing a breath or blood test results in an automatic driver’s license suspension. Refusal can also be used against you in court.

How long does a DWI stay on your record?

A DWI conviction stays on your record permanently unless expunged or sealed. There is no waiting period for expungement of DWI if the case was dismissed or you were acquitted.

Can I get a DWI if I was below 0.08?

Yes. If an officer believes your mental or physical faculties were impaired by alcohol or drugs, you can be charged with DWI even with a BAC below 0.08.

What is an ALR hearing?

An Administrative License Revocation (ALR) hearing is a civil hearing to determine whether your driver’s license should be suspended. You have only 15 days from arrest to request the hearing.

Can I get probation for a first DWI?

Yes. Many first-time DWI offenders receive probation. Conditions typically include fines, community service, DWI education, and possibly an ignition interlock device.

What is an ignition interlock device?

An ignition interlock is a breathalyzer device installed in your vehicle. You must blow into it to start the car. It is often required for repeat offenders or high BAC cases.

How does a DWI affect my insurance?

A DWI conviction can cause your insurance rates to increase significantly. Your insurance may also be cancelled or non-renewed.

Do I need an attorney for a DWI?

Yes. DWI charges can result in jail time, license suspension, and a permanent criminal record. An experienced DWI defense attorney can help you understand your rights, challenge the evidence, and protect your future.

Why Barton & Associates Is the Right Choice for Your DWI Defense

A DWI charge can affect your license, your freedom, and your future. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against DWI charges in the Nueces County criminal courts.

Our attorneys understand the science behind breathalyzers and blood testing, the strategies for challenging field sobriety tests, and the importance of protecting your driver’s license through the ALR hearing process. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that a DWI charge can be a frightening experience. Our attorneys approach these cases with dedication, helping our clients navigate the legal system while protecting their rights, their license, and their future.

Protect Your License and Your Freedom Today

If you are charged with DWI in Corpus Christi, your license, your freedom, and your future are on the line. A conviction can result in jail time, license suspension, and a permanent criminal record. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against DWI charges and protect your future.

Main Category: Criminal Defense Corpus Christi
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780