DWI Attorney in Cameron County
Janie Jaimez, Attorney at Law
A DWI charge in Cameron County is serious from the moment of arrest. It can affect your driver's license, your employment, your professional license, and depending on your situation, your immigration status. How the case is handled early — before hearings are scheduled and evidence is set — shapes what options are available.
Janie Jaimez is a bilingual DWI lawyer in Cameron County and former Cameron County prosecutor who also handles broader criminal defense matters throughout the Rio Grande Valley. She represents clients facing DWI and DUI charges throughout Cameron County. Criminal hearings are held at the courthouse in Brownsville.
Charged with a DWI in Cameron County? Call 956-793-5033 for a same-day consultation.
What Is a DWI in Texas?
In Texas, Driving While Intoxicated (DWI) means operating a motor vehicle in a public place while intoxicated. Under Texas law, intoxicated means having a blood alcohol concentration (BAC) of 0.08 or higher, or not having the normal use of mental or physical faculties due to alcohol, a drug, or a combination of both.
A DWI is a criminal charge. It carries potential jail time, fines, and license suspension. A DUI in Texas is a separate offense that applies specifically to minors under 21 with any detectable amount of alcohol — even below 0.08. Adults are charged under the DWI statute.
DWI Penalties in Texas
Penalties vary based on the offense level, prior history, and circumstances of the arrest. General ranges under Texas law include:
First DWI Class B misdemeanor in most cases | Up to 180 days in jail (minimum 72 hours) | Fine up to $2,000 | Driver's license suspension
Second DWI Class A misdemeanor | Up to one year in jail (minimum 30 days) | Fine up to $4,000 | Driver's license suspension
Third DWI or More Third-degree felony | Two to ten years in state prison | Fine up to $10,000 | Driver's license suspension
Additional circumstances can elevate the charge. A passenger under 15 in the vehicle, a BAC of 0.15 or higher, or causing serious bodily injury or death each carry enhanced penalties. Each case is different. The ranges above are for general information only and do not represent the outcome of any specific case.
What Janie Reviews in Every DWI Case
Not every DWI arrest leads to a conviction. How the stop was conducted, how testing was administered, and how evidence was gathered all affect what defenses may be available. As a former Cameron County prosecutor, Janie understands how these cases are built — and where they can be challenged.
In every DWI case she reviews:
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The reason for the stop. A traffic stop must be legally justified. If the stop was not based on reasonable suspicion, the evidence gathered after it may be subject to challenge.
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Field sobriety test administration. These tests must be administered according to standardized procedures. Errors in how they were conducted can affect their reliability as evidence.
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Breath and blood testing. Breathalyzer calibration, maintenance records, and the conditions under which a test was administered matter. Blood draws must follow specific protocols. Errors in either can affect test results.
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Officer conduct and procedure. How the arrest was handled, including whether Miranda rights were given at the right time, is part of the review.
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The specific circumstances of your situation. A felony DWI with a prior record is a different case than a first offense with no history. Immigration status, professional licensing, and student enrollment all affect how the case should be approached.
Every case is evaluated on its own facts. Janie does not make promises about outcomes. What she does is make sure every relevant factor has been reviewed before any decision is made.
The ALR Hearing: Your Driver's License Is a Separate Case
After a DWI arrest in Texas, two separate proceedings run at the same time: the criminal case and the Administrative License Revocation (ALR) hearing. Many people do not know they have to act on both — and act quickly.
The ALR hearing is handled by the Texas Department of Public Safety, not the criminal court. It concerns your driver's license only. You have 15 days from the date of your arrest to request an ALR hearing. If you miss that window, your license is automatically suspended with no further recourse.
Requesting the hearing does two things: it delays the automatic suspension, and it gives your attorney an opportunity to review the arresting officer's sworn report and the evidence before your criminal case moves forward.
Janie represents clients at the ALR hearing while the criminal case is pending. The deadline is firm. If you were arrested for DWI in Cameron County, call the office before those 15 days pass.
You have 15 days after a DWI arrest to request your ALR hearing. Call 956-793-5033 before that deadline passes.
DWI and Immigration Consequences
For non-citizens, a DWI conviction can carry immigration consequences that go beyond the criminal penalties. A felony DWI, or one involving aggravating factors, can affect lawful permanent residency, visa status, and naturalization eligibility. Even a misdemeanor DWI can create complications depending on individual immigration history and current status.
Janie handles both criminal defense and immigration matters. If you have immigration concerns connected to a DWI charge in Cameron County, she evaluates both sides together rather than treating them as separate problems.
DWI and College Students in Cameron County
For students at UT Rio Grande Valley or other institutions in the Rio Grande Valley, a DWI charge creates consequences beyond the courtroom. Depending on the outcome, a DWI on your record can affect financial aid eligibility, campus housing, professional licensing applications, and employment background checks after graduation.
For first-time offenders who meet specific eligibility requirements, certain case outcomes may avoid a final conviction on your record. Not every case qualifies. Understanding your options before anything is resolved is important.
Arrested for DWI on South Padre Island?
South Padre Island is in Cameron County. A DWI arrest there follows the same process as any other Cameron County DWI — the criminal case is handled at the courthouse in Brownsville, and the 15-day ALR deadline runs from the date of arrest.
For visitors from out of state or outside the Rio Grande Valley, managing a case in an unfamiliar court system while returning home adds difficulty. Janie represents clients regardless of where they live. Many settings can be handled without requiring you to return for every court date.
If you were arrested on South Padre Island and are not sure what happens next, call the office before you leave the area.
DWI Expunction and Non-Disclosure in Texas
Whether a DWI can be removed from your record depends on how the case ended.
If your charges were dismissed or you were acquitted, you may be eligible for expunction — which removes the arrest from your record entirely.
If you received deferred adjudication on a first DWI and successfully completed probation, you may qualify for non-disclosure under conditions added to Texas law in 2017. Requirements include no prior criminal history and installation of an ignition interlock device, among others. Not all first DWI deferred adjudications qualify.
A standard DWI conviction is not eligible for expunction or non-disclosure in Texas. If you have questions about your specific situation, call the office.
Frequently Asked Questions
What is the difference between a DWI and a DUI in Texas?
DWI applies to adults and requires proof of intoxication under Texas law. DUI in Texas applies only to minors under 21 with any detectable amount of alcohol, even below 0.08. The two are separate offenses with different elements and penalties.
Defenses depend on the facts of the case. Common areas Janie reviews include whether the traffic stop was legally justified, whether field sobriety tests were properly administered, whether the breathalyzer was properly calibrated and maintained, and whether blood draws followed required protocols. Issues in any of these areas can affect the evidence and how the case proceeds.
What are the defenses for a DWI in Texas?
What is an ALR hearing and do I need one?
An ALR hearing is separate from your criminal DWI case. It concerns your driver's license only and is handled by the Texas Department of Public Safety. You have 15 days from arrest to request it. Missing that deadline results in automatic suspension. Janie can represent you at the ALR hearing while your criminal case is pending.
Refusing a breath or blood test triggers an automatic license suspension under Texas implied consent law, separate from the criminal case. The refusal can also be used as evidence in the DWI prosecution. You should still request an ALR hearing within 15 days of your arrest.
What happens if I refuse a breathalyzer in Texas?
Can a first DWI be dismissed in Texas?
It depends on the facts. Dismissals are not guaranteed, but problems with the stop, the arrest, or the testing can affect how a case is evaluated and resolved. Each case is assessed individually.
How long does a DWI stay on your record in Texas?
A DWI conviction stays on your record permanently unless you qualify for expunction or non-disclosure. Eligibility depends entirely on how the case was resolved — not how long ago it happened.
How soon should I contact a DWI lawyer after being arrested?
Immediately. The 15-day ALR deadline starts at arrest. Early contact also allows your attorney to review the stop, the testing, and the evidence before anything is waived or lost.
Charged with a DWI in Cameron County?
The decisions you make in the first days after your arrest affect your options.
Janie Jaimez is a former Cameron County prosecutor who now defends clients facing DWI charges in Brownsville, Harlingen, and throughout Cameron County. Call 956-793-5033 for a same-day consultation.
29 Avalon Dr, Brownsville, TX 78520
(281) 779-4053
Serving the Rio Grande Valley