The night after a DWI arrest is one of the most disorienting experiences a person can go through. You are out of jail, your car may still be impounded, and you are holding a piece of paper that tells you your driver’s license is about to be suspended. You know you need a lawyer. You are not sure where to start.
Most people in this situation do what feels logical: they Google “DWI attorney near me,” call a few numbers, and hire whoever sounds the most confident on the phone. That approach often leads to a bad outcome — not because the attorney is dishonest, but because DWI defense in Texas is a highly specialized area of law, and most general practice attorneys do not have the depth of knowledge to fight these cases effectively.
This guide is written for you, the person sitting across from a potential attorney, trying to figure out if they are the right person to protect your future. Here is what to look for, what to ask, and what the answers should tell you.
Understand What You Are Actually Fighting
Before you can evaluate an attorney, you need to understand that a Texas DWI arrest triggers two completely separate legal proceedings running simultaneously.
The first is the criminal case: the charge filed by the state that could result in fines, probation, or jail time. The second is the Administrative License Revocation (ALR) hearing: a civil proceeding run by the Texas Department of Public Safety that will automatically suspend your driver’s license unless you request a hearing within 15 days of your arrest.
Most people only know about the criminal case. A great DWI attorney handles both aggressively from day one. If the attorney you are speaking with does not immediately mention the ALR hearing and the 15-day deadline, that is a significant warning sign.
The Question That Reveals Everything: “Have You Ever Been a Prosecutor?”
This is the single most important question you can ask a DWI defense attorney, and the answer matters more than you might expect.
A former prosecutor does not just understand criminal defense , they know how the other side thinks. They have stood in a prosecutor’s shoes and made the exact decisions that will now be made about your case: whether to offer a plea deal, how strong the evidence needs to be before going to trial, and where the weaknesses in a case are most likely to appear.
At Lewis & Ashworth, both partners are former Assistant District Attorneys. Between them, they bring over 26 years of combined experience and more than 250 jury trials. That is not a marketing claim, it’s a fundamentally different vantage point that changes how a case is evaluated and how negotiations are conducted.
What a Great DWI Attorney Actually Does With Your Evidence
When you hire a DWI attorney, you are not just hiring someone to show up in court. You are hiring someone to conduct an independent investigation of the state’s case against you. Here is what that looks like in practice.
The dashcam and bodycam footage. Every traffic stop involving a DWI arrest should produce video evidence. A thorough attorney reviews every frame, not just the highlights. The footage often contradicts the police report in meaningful ways: the driving behavior that prompted the stop, the lighting conditions, the instructions given before field sobriety tests, and the officer’s demeanor all become relevant.
The field sobriety tests. Standardized Field Sobriety Tests (SFSTs) like the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus are governed by strict protocols established by the National Highway Traffic Safety Administration. Officers are trained on these protocols, but they frequently administer the tests incorrectly: giving unclear instructions, conducting tests on uneven surfaces, or failing to account for medical conditions, footwear, or age. An attorney who is not trained in NHTSA protocols cannot effectively challenge the results.
The blood or breath evidence. If you provided a breath sample or had blood drawn, the results are not automatically reliable. Breathalyzer machines require regular calibration and maintenance. Blood samples must be collected, stored, and analyzed under strict chain-of-custody procedures. A single break in that chain such as an improperly sealed vial, a delayed analysis, or a contaminated sample can render the result inadmissible or unreliable. A great DWI attorney knows how to request the maintenance records, the lab documentation, and the analyst’s credentials.
The legality of the stop itself. The Fourth Amendment requires police to have “reasonable suspicion” of a traffic violation or criminal activity before pulling you over. If the stop was not legally justified, every piece of evidence gathered afterward (the tests, the arrest, the blood draw) can be suppressed. This is often the most powerful defense available, and it requires an attorney who is comfortable filing and arguing suppression motions.
The ALR Hearing Is Not Just About Your License
Here is something most people do not realize: the ALR hearing, while technically about your driver’s license, is also a strategic opportunity in your criminal case.
At the ALR hearing, the arresting officer must testify under oath and be subject to cross-examination. A skilled DWI attorney uses this hearing to lock the officer into their testimony by creating a sworn record that can be used at the criminal trial if the officer’s story changes or contradicts the video evidence. It is, in effect, a preview of the officer’s testimony before the criminal case ever reaches a courtroom.
This is the kind of strategic thinking that separates attorneys who are simply processing cases from attorneys who are building a defense.
What to Ask Before You Hire Anyone
When you sit down with a potential DWI attorney, these are the questions that will reveal the most about their actual capability.
“How many DWI cases have you taken to trial?” Volume matters. An attorney who has tried dozens of DWI cases has seen how juries respond to blood evidence, how officers hold up under cross-examination, and how judges rule on suppression motions. An attorney who settles every case has not.
“Are you familiar with NHTSA field sobriety test protocols?” If they hesitate or give a vague answer, they cannot effectively challenge the tests.
“Will you handle my ALR hearing?” If they say they will refer it out or suggest it is not worth fighting, reconsider.
“Have you reviewed cases where the blood draw was challenged?” This question tests whether they understand the science, not just the law.
“What is your honest assessment of my case?” Be wary of attorneys who promise outcomes before reviewing your evidence. The best attorneys give you a realistic picture of your exposure and a clear explanation of where the defenses lie.
Your Record Is Worth Fighting For
A DWI conviction in Texas carries consequences that extend far beyond the courtroom — employment background checks, professional licensing reviews, insurance rate increases, and the permanent stigma of a crime on your record. The decision you make in the next few days about who represents you will affect the rest of your life.
At Lewis & Ashworth, we bring former prosecutorial experience, deep knowledge of DWI science and procedure, and a genuine commitment to aggressive defense to every case we take. If you have been charged with a DWI in Plano, Collin County, or anywhere in the Dallas-Fort Worth area, we want to hear from you.
Contact Lewis & Ashworth today at 214-239-8007 for a free, confidential consultation. The sooner you call, the more options you have.