DWI Defense Attorney in McAllen & Hidalgo County

Arrested for DWI in Hidalgo County? You have only 15 days to request a hearing to fight your license suspension. Call (956) 601-0247 now. We answer 24/7, in English and Spanish.

A DWI arrest moves fast, and the decisions you make in the first two weeks can affect your license, your job, and your record for years. The Law Office of AJ Garcia defends people charged with driving while intoxicated across the Rio Grande Valley, from first-time arrests in McAllen and Edinburg to felony DWI cases in the Hidalgo County district courts. Our office is in Alamo, and we know how DWI cases are handled in the local courts.

Two Cases, Not One

Every DWI arrest in Texas starts two separate cases at the same time:

• The criminal case is the DWI charge itself, prosecuted by the Hidalgo County District Attorney in county or district court. This is where jail, fines, probation, and a criminal record are decided.
• The license case, called an Administrative License Revocation (ALR), is handled separately through the Texas Department of Public Safety. It decides whether your driver’s license is suspended, and it moves on its own clock.

Most people don’t realize the license case exists until it is too late. If you don’t request an ALR hearing within 15 days of your arrest, your license suspension takes effect automatically. Requesting the hearing protects your right to fight the suspension, and it also gives your attorney an early chance to question the arresting officer under oath, which can help the criminal case.

DWI Penalties in Texas

The penalties depend on your record and the facts of the arrest. These are the general ranges under Texas law:

• First DWI: Class B misdemeanor. 72 hours to 180 days in jail, a fine of up to $2,000, and a license suspension of up to one year.
• First DWI with a BAC of 0.15 or higher: Class A misdemeanor. Up to one year in jail and a fine of up to $4,000.
• Second DWI: Class A misdemeanor. 30 days to one year in jail, a fine of up to $4,000, and a longer license suspension.
• Third DWI: Third-degree felony. 2 to 10 years in prison and a fine of up to $10,000.
• DWI with a child passenger under 15: State jail felony, regardless of prior record.
• Intoxication assault or intoxication manslaughter: Felony charges when a crash causes serious injury or death.

On top of the court penalties, a conviction can mean an ignition interlock device, higher insurance rates, and a record that shows up on background checks. For commercial drivers, a DWI can end a career.

Your License: Refusal vs. Failing the Test

Texas has an implied consent law. If you refuse a breath or blood test, your license can be suspended for 180 days on a first arrest, longer with prior refusals. If you take the test and are over the legal limit of 0.08, the suspension is generally 90 days for a first arrest. In many cases you may be able to get an occupational license so you can keep driving to work and school while the case is pending. We handle ALR hearings and occupational license petitions as part of your defense.

How We Defend DWI Cases

A DWI charge is not a conviction. Every case has details that can be challenged, and we look at all of them:

• The stop: Police need a legal reason to pull you over. If the stop was unlawful, the evidence that came from it may be suppressed.
• Field sobriety tests: These tests have strict standardized procedures. Uneven roads, poor lighting, footwear, injuries, and nerves all affect the results.
• Breath and blood testing: Breath machines must be maintained and operated correctly, and blood samples must be drawn, stored, and analyzed properly. Errors in the chain of custody or lab work matter.
• Video evidence: Dash and body camera footage often tells a different story than the police report.
• Your rights: We look at whether you were properly warned and whether your rights were respected during the arrest and testing.

Depending on the facts, the outcome may be a dismissal, a reduction to a lesser charge such as obstruction of a highway, a pretrial diversion program, or a not guilty verdict at trial. Since 2019, Texas law also allows deferred adjudication for many first-time DWI cases, which can keep a conviction off your record and may later make you eligible to have the record sealed through an order of nondisclosure. Deferred adjudication isn’t available in every case, for example when the BAC was well above the limit or the driver holds a commercial license, so it matters to have an attorney review the details early.

Frequently Asked Questions

Are there DWI checkpoints in the Valley?

No. Texas does not use sobriety checkpoints. DWI arrests come from traffic stops and crash investigations, which is why the reason for the stop is often a key part of the defense. During holidays, expect more patrols, not checkpoints.

Should I take the breath test?

That is a personal decision with consequences either way: refusing means a longer license suspension, and police can often get a warrant for a blood draw anyway. Whatever you chose, call an attorney as soon as possible so the ALR deadline doesn’t pass.

Will I go to jail for a first DWI?

Many first-time DWI cases are resolved without additional jail time beyond the time spent after arrest, often through probation or deferred adjudication. Every case is different, and the facts and your record matter.

Can I get my DWI sealed or removed from my record?

A dismissal or acquittal may qualify for an expunction. A first DWI that ends in deferred adjudication may qualify for an order of nondisclosure after a waiting period. We can review your case and tell you what is possible.

What if I was arrested in Cameron or Starr County?

We handle DWI cases in Hidalgo, Cameron, and Starr Counties, as well as municipal courts throughout the Valley.

Do you speak Spanish?

Yes. Se habla español. We can handle your case entirely in Spanish if you prefer.

Call Now: (956) 601-0247

The 15-day deadline starts the day you are arrested. Call the Law Office of AJ Garcia at (956) 601-0247, available 24/7, or book a consultation online. If you or a family member is still in custody, see our jail release and bond reduction page. Office located at 127 N. Alamo Rd., Alamo, Texas 78516.

This page is general information, not legal advice. Penalties and options depend on the facts of each case and on Texas law, which can change. Speak with an attorney about your specific situation.