Texarkana Office:

Atlanta Office:

Texarkana Office:

Atlanta Office:

DWI Charges in Texas: What Are Your Rights?

Getting arrested for DWI in Bowie County can feel overwhelming. Learn your rights…

Facing a DWI charge in Texas—especially in places like Bowie County—can feel like your world just flipped upside down. Whether you’re pulled over in Texarkana or stopped near Atlanta, TX, knowing your rights is critical to protecting yourself and your future.

Unlike some states, Texas does not use the term DUI. In Texas, it’s called Driving While Intoxicated (DWI)—and the penalties can be serious, even for a first offense. The Law Office of Derric McFarland helps individuals in both Texas and Arkansas navigate difficult moments like these. With offices located in Texarkana and Atlanta, Derric McFarland is licensed to practice in both states and has handled a wide range of criminal law matters.


What Is a DWI in Texas?

A DWI in Texas is defined as operating a motor vehicle in a public place while intoxicated. This usually means:

  • Having a blood alcohol concentration (BAC) of 0.08% or higher, or
  • Losing the normal use of your mental or physical faculties due to alcohol, drugs, or a combination of both.

It’s important to remember that a DWI arrest doesn’t automatically mean a conviction. You still have rights—and you still have options.


Your Rights After a DWI Arrest

Being arrested for DWI can feel like you’re already guilty. But under the law, you’re presumed innocent until proven otherwise. Here’s what you should know:

1. You Have the Right to Remain Silent

You are not required to answer police questions beyond providing your identification. What you say can and will be used against you—so it’s often best to stay quiet until you speak with an attorney.

2. You Have the Right to Refuse Certain Tests

While refusing a breath or blood test may result in a license suspension under Texas’ “implied consent” law, it’s still your legal right to say no. Always ask to speak with a lawyer before agreeing to any tests.

3. You Have the Right to Legal Counsel

After your arrest, you have the right to an attorney. The sooner you get one involved, the better your chances of protecting your freedom and your record.


What Happens After a DWI Arrest in Bowie County?

Once arrested for DWI, you’ll likely be taken to jail, and your vehicle may be towed. Within 15 days, you must request an Administrative License Revocation (ALR) hearing to fight for your driving privileges. If you miss this deadline, your license can be suspended automatically.

You’ll also be scheduled for a court appearance, and depending on the circumstances (such as your BAC level or whether there were any minors in the car), the charges can range from a Class B misdemeanor to a felony.


Possible Penalties for DWI in Texas

Here’s a general breakdown of what you could face if convicted:

OffenseJail TimeFineLicense Suspension
First DWIUp to 180 daysUp to $2,000Up to 1 year
Second DWI30 days – 1 yearUp to $4,000Up to 2 years
Third DWI (Felony)2 – 10 yearsUp to $10,000Up to 2 years

Additional penalties may include mandatory DWI education classes, installation of an ignition interlock device, probation, and court costs.


How a Criminal Defense Attorney Can Help

A DWI arrest is not the end of your story. An attorney can examine the facts, challenge the legality of the stop, question the reliability of the testing equipment, and negotiate for reduced charges or dismissal when appropriate.

Derric McFarland takes a client-focused approach to defending DWI cases in Texarkana, Atlanta, and surrounding areas. Every detail matters—and the right legal strategy can make all the difference in the outcome.


Serving Clients in Both Texas and Arkansas

The Law Office of Derric McFarland serves clients across Bowie County, Cass County, and other parts of East Texas—as well as across the state line in Arkansas. With licenses to practice in both states and offices in Texarkana and Atlanta, Derric provides support that’s grounded in local understanding and thorough legal knowledge.


Arrested for DWI in Texas? Talk to a Lawyer Today

If you’ve been arrested for DWI in Bowie County or anywhere nearby, don’t wait to get help. Early intervention can protect your license, your freedom, and your future.

Contact The Law Office of Derric McFarland to schedule a confidential consultation and take the first step toward your defense.