The legislation passed in 2025 addresses many different areas of concern. One provision upgrades the classification of DWI cases where the motorist’s blood-alcohol concentration is .15 percent or higher to a Class A misdemeanor. This level of intoxication is well above the .08 percent standard that is used in most cases for per se drunk-driving charges. With the change, someone convicted of an extreme DWI faces up to one year in jail and a maximum $4,000 fine. 

Senate Bill 826 also shifts other specific drunk-driving crimes into a higher sentencing category. Operating a vehicle in a school zone while the reduced speed limit applies, is now a state jail felony. Likewise, it is now a state jail felony when someone is convicted of DWI for the second time. Incarceration for people found guilty in these cases can range from 180 days to two years. 

As DWI penalties get tougher, prosecutorial leverage increases. It is more important than ever to hire a skillful criminal defense lawyer if you’ve been accused of driving under the influence. Where a guilty plea might have been a reasonable decision in the past, the new legal framework might compel you to fight the allegations. 

There are many potential defenses in a DWI case. Overzealous law enforcement officers might have stopped your car without a reasonable suspicion of illegal activity or arrested you without probable cause. Police could have administered field sobriety tests incorrectly, or misinterpreted something innocuous as an indicator of intoxication. Even breath and blood tests can be mishandled in a way that destroys the validity of their results. 

Our experienced attorneys at Grob & Associates Law Firm PC represent clients in drunk-driving cases and other criminal defense matters from our North Texas offices in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online.

A decision from the state’s Court of Criminal Appeals more than 30 years ago prevents counties and municipalities from utilizing checkpoints during the holidays or at any other time of year. In Holt v. Texas, the defendant driver was arrested at a sobriety checkpoint created by the Arlington Police Department. 

Over a three-hour period, each of the 341 drivers who passed through the location was stopped and questioned by law enforcement officers. The Arlington Police Department had developed a procedure for questioning and examining the motorists. This authority had been granted to the department’s chief by the city council. Ms. Holt was one of 10 drivers arrested. 

Arlington authorities relied on a U.S. Supreme Court decision approving a checkpoint procedure established by the State of Michigan. This case noted that while there is a strong interest in keeping intoxicated motorists off the road, it must be balanced against an individual’s right to privacy. Since then, courts and many state legislatures have adopted procedures aimed at maximizing the effectiveness of roadblocks while minimizing the intrusion on drivers. Some ways to do this include picking checkpoint locations based on crash data, supervisory review of procedures, limited detention time, neutral selection criteria, conspicuous signage and advance public notice.

Despite Arlington’s efforts, the Texas Court of Criminal Appeals said that the city’s checkpoint did not meet the Supreme Court’s standard. While the Michigan case involved a statewide procedure approved by the courts, the Arlington’s Police Department developed the DWI roadblock procedure on its own. The decision allows for the creation of a statewide checkpoint policy like the one enacted in Michigan, but more than three decades later, none has been developed, so Holt still stands to prevent cities and counties from creating their own roadblock rules. 

Even without random stops, there are many ways for authorities to step up enforcement of drunk-driving laws during the holiday season, including increased patrols. Police can stop a vehicle if they have a reasonable, articulable suspicion of DWI or some other illegal activity. 

Grob & Associates Law Firm PC defends North Texas residents accused of drunk driving, as well as other crimes. To schedule a consultation reagrding your legal rights, please call 972-777-5701 or contact us online. Our offices are in Rockwall and Wylie.