The Legal Implications of “Are We Dating the Same Guy”

“Are We Dating the Same Guy” (AWDTSG) started as a way for women to vet potential dates. It has become something far more legally significant. With over 8 million members across more than 200 cities, these private Facebook groups and the standalone app have evolved into platforms where reputations are made and destroyed, marriages unravel, and lawsuits are born.

If you’re going through a divorce in Texas, involved in a custody dispute, considering posting about someone, or just discovered you’re the subject of a thread, you need to understand the legal landscape. What happens in these groups doesn’t stay in these groups. It ends up in courtrooms, affects custody decisions, triggers defamation lawsuits, and sometimes leads to criminal charges.

This guide covers every legal angle of AWDTSG from a Texas lawyer’s perspective: using it as evidence in your divorce, the defamation risks of posting, what to do if you’re posted about, and the criminal exposure that can arise from this platform.

What AWDTSG Is and How It Works

AWDTSG is a network of private, city‑based Facebook groups—and a newer companion app—where women share information about men they are dating or considering. The first group launched in New York City in 2022 and quickly grew into hundreds of city‑specific communities across the United States and abroad.

What began with simple posts like “Is he actually single?” has evolved into a broader venue for sharing allegations and personal accounts about men’s behavior. Members often post photos or dating app screenshots alongside questions or warnings, prompting others to respond with their own experiences, including claims of cheating, emotional abuse, or other serious misconduct.

Multiple AWDTSG and AWDTSG‑style groups operate in Texas, including communities that cover the Dallas–Fort Worth metro area, Houston, Austin, and San Antonio and even small markets like San Angelo and Midland.

Some operate under the official AWDTSG umbrella, while others use names like “Is This The Same Guy?” with varying levels of moderation.

Texas AWDTSG Groups

Note: These are private groups. Member counts fluctuate and are estimates based on comparable markets. For reference, the New York group has over 136,000 members, and the Los Angeles group has approximately 52,000. The main AWDTSG network reports 8.1 million members across all groups worldwide.

The “uncensored” variants deserve special attention. These groups often have looser rules about what can be posted, including full names, employers, and detailed personal information. From a legal perspective, these groups present the highest risk for both posters and subjects because they’re more likely to cross the line into actionable defamation or harassment.

What Group Rules Don’t Tell You

Most AWDTSG groups require screening questions before you can join. Applicants typically confirm their gender, location, and intent, then agree not to share screenshots outside the group. But here’s what those rules don’t tell you: moderators check compliance with group guidelines, not factual accuracy.

This means false or exaggerated information can spread to thousands of people before anyone questions whether it’s true. The rules exist to protect the group from being shut down by Facebook, not to protect you from legal liability if you post something defamatory.

Finding Your Spouse on AWDTSG: Evidence in Your Divorce

For many people, AWDTSG becomes relevant when they discover their spouse has been living a double life. Someone sends you a screenshot. Your spouse’s face is plastered across a Facebook group, with dozens of women sharing stories about dates, lies, and relationships that overlapped with your marriage. Or you discover your spouse is an active member of these groups, posting photos of men they’ve been seeing while still married to you.

This discovery can be a turning point in your divorce case. The posts, comments, and screenshots could become powerful evidence affecting property division, custody decisions, and your spouse’s credibility in court. But only if you handle it correctly.

Two Ways Your Spouse Appears

Being discussed by other women. This is often how betrayed spouses first learn the full extent of their partner’s infidelity. Women post photos asking, “Anyone know this guy?” and the responses reveal a pattern of dating, lying about being single, and carrying on relationships during your marriage. You might see screenshots of dating app profiles, text messages showing romantic conversations, multiple women confirming they dated your spouse during specific time periods, detailed accounts of lies about marital status, and photos from dates or trips you knew nothing about.

Actively posting in these groups. Sometimes the discovery goes the other way. Your spouse is a member, actively posting photos of men they’re dating or asking other women about potential matches. This shows they weren’t passively receiving attention but actively pursuing new relationships while married. Their posts reveal timelines, intentions, and sometimes direct admissions about the marriage.

Using AWDTSG Evidence for Property Division

Texas allows both no-fault and fault-based divorce. While many divorces proceed on no-fault grounds, proving fault can significantly impact property division. Under Texas Family Code § 6.003, adultery is grounds for divorce. More importantly, proven adultery can result in a disproportionate division of the marital estate in your favor.

Texas is a community property state, but judges have discretion to divide property in a way that is “just and right,” and fault is one factor they consider. AWDTSG posts can provide dated evidence of when affairs began, corroboration from multiple witnesses, documentation of money spent on dating and maintaining a double life, and proof that your spouse lied about being married.

Impact on Custody and Support

The best interest of the child is the primary consideration in Texas custody cases. A parent who maintained an elaborate double life demonstrated a pattern of deception that speaks to their character and judgment. Evidence that your spouse introduced children to dating partners or exposed them to instability matters. Courts want to know that the parent awarded conservatorship will make good decisions.

Adultery can also affect spousal maintenance determinations. If your spouse is seeking maintenance from you, evidence of their adultery may reduce or eliminate their eligibility.

How to Preserve This Evidence

The evidence you’re looking at could disappear at any moment. Posts get deleted, groups go private, and your spouse might scrub their online presence once they realize you know. Take screenshots of everything immediately: the post itself, all comments, the poster’s profile, the group name and member count, and any visible dates and times.

Use screen recording video that scrolls through entire threads to capture context. Note the exact date and time you captured the screenshots. If possible, have a witness present or have your attorney’s office document the evidence independently. Texas Rules of Evidence require authentication before social media evidence is admitted, so the more documentation you have about how and when you captured it, the stronger your position.

Don’t confront your spouse until you’ve preserved everything and consulted with your attorney. Once they know you’ve found this evidence, they may coordinate with others to remove content.

Strategic Use in Your Case

Having evidence and using it effectively are different things. Sometimes the most powerful use is in settlement negotiations. Your spouse may be highly motivated to settle favorably rather than have detailed testimony about their dating life become part of the public record.

AWDTSG evidence can also inform discovery questions. Your attorney might subpoena records, depose the women who posted about your spouse, or use the evidence to catch your spouse in lies during their deposition. If your spouse denies the affair under oath and you have AWDTSG documentation proving otherwise, their credibility on every issue in the case is damaged.

Texas Defamation Law and AWDTSG

Texas defamation law applies to AWDTSG posts just like any other public statement. Under Texas Civil Practice and Remedies Code Chapter 73, defamation occurs when someone publishes a false statement of fact about another person that damages their reputation. The key elements are falsity, publication, identification, fault, and harm.

When Posts Cross the Legal Line

A post becomes potentially actionable when it asserts or clearly implies specific, provably false facts. Saying someone “felt rude” on a date is opinion. Saying someone “beats his kids” or “knowingly spreads STDs” is a factual claim that can be proven true or false. The distinction matters enormously in court.

Certain categories of false statements are considered defamation “per se” under Texas law, meaning damages are presumed without requiring proof of specific harm. These include false accusations of criminal conduct, sexual misconduct, professional incompetence, and having a loathsome disease. AWDTSG posts frequently venture into this territory.

Posts are more likely actionable when they use identifying information like full names, photos, workplace details, or unique identifying characteristics. They’re also more dangerous when they reach a large audience, which is almost guaranteed in metro groups with tens of thousands of members. Evidence of recklessness or actual malice, such as text messages showing the poster knew claims were false, strengthens a defamation case considerably.

What’s Less Likely to Be Actionable

Pure opinion based on disclosed facts receives more protection. A post stating, “He told me he was single, but I later found his wife’s Facebook; in my opinion, he’s a liar” is structured as an opinion tied to specific facts the reader can evaluate. Vague statements without clear identification or statements limited to subjective value judgments (“I didn’t vibe with him”) are harder to sue over successfully.

Courts that have examined AWDTSG content have sometimes dismissed claims involving terms like “psycho” or descriptions of ghosting as non-actionable opinion. But repeated implications of serious misconduct, especially using loaded terms like “predator” or “abuser” without factual basis, can cross into actionable territory.

Real Litigation Over AWDTSG Posts

The legal risks aren’t hypothetical. In Los Angeles, a man sued multiple women for defamation, libel, and sex-based discrimination over AWDTSG posts, seeking approximately $2 million in damages. While one defendant prevailed on an anti-SLAPP motion, the case demonstrates how quickly posters can find themselves in expensive litigation.

In Illinois, a court dismissed claims against an AWDTSG group and its moderators, treating certain posts as opinion or non-actionable. But the court also warned that repeated implications of serious misconduct could cross the line. Courts are still working through how to apply traditional defamation principles to this new forum.

If You’re Thinking About Posting: Seven Questions to Ask First

Before posting anything in an AWDTSG group, treat it like sworn testimony. The same facts can later support or undermine a divorce, custody, or defamation case. Ask yourself these questions:

Am I stating a verifiable fact or expressing an opinion? Texas defamation law requires a false statement of fact. Pure opinion (“I felt unsafe on our date”) is generally protected. But “He beats his kids” is a factual claim that can be proven true or false. If a judge could say “true or false” to what you’re writing, you’re in dangerous territory.

Do I actually know this is true, and can I prove it? Truth is a complete defense to defamation. If your claims are accurate and you can back them up with texts, photos, or witnesses, your legal risk drops dramatically. Repeating rumors or unverified information you heard from someone else can be viewed as negligent or reckless.

Am I accusing him of a crime or sexual misconduct? False accusations of criminal conduct or sexual misconduct are classic defamation per se categories. They allow recovery without specific proof of economic loss. Labeling someone a rapist, child molester, or domestic abuser without clear, supportable facts is exactly the type of content that triggers high-dollar lawsuits.

Can he be clearly identified from what I’m posting? Using names, workplace information, photos, or unique details makes it easy to prove the post is “about” that person, a required element in Texas defamation claims. The more identifying information you include, the stronger a potential plaintiff’s case becomes.

Could this hurt his job or business reputation? Texas defamation law pays particular attention to statements harming someone’s profession or business. In divorce and custody cases, attacks on the other parent’s reputation can directly affect earning capacity, support calculations, and standing in the community.

Am I in the middle of a divorce, custody, or protective order case? Social media posts are routine evidence in Texas family courts. False or vindictive posts can undermine your credibility, be framed as harassment or attempted parental alienation, and violate standing orders that restrict posting about the divorce or the other party.

Would I stand behind this on the witness stand? Assume the other side screenshots everything. If you wouldn’t repeat the story under oath in front of a judge, don’t publish it to thousands of strangers. Even if you’re never sued, walking back a dramatic story in deposition can devastate your credibility on every other contested issue in your case.

If You’re Posted About: Do You Have a Case?

Not every unflattering AWDTSG post gives you a lawsuit. Most don’t. Before you call a lawyer, understand what’s actually actionable under Texas defamation law.

What’s NOT Actionable

Being called a “liar,” “cheater,” “narcissist,” or “red flag” isn’t defamation. Neither is someone saying you ghosted them, wasted their time, or gave them bad vibes. These are opinions or vague characterizations that courts consistently refuse to treat as actionable statements of fact.

If someone posts your photo and says, “avoid this one, total player” or “he led me on for months,” you probably don’t have a case. It stings, but Texas courts require false statements of specific, verifiable facts—not hurt feelings or damaged pride.

What IS Potentially Actionable

You may have a viable defamation claim if someone posted false statements accusing you of:

Criminal conduct. False claims that you committed assault, domestic violence, rape, sexual assault, theft, fraud, drug dealing, or any other crime.

Sexual misconduct or predatory behavior. False accusations that you’re a rapist, predator, or child molester. False claims of revenge porn, sexual coercion, or non-consensual acts.

Having a communicable disease. False statements that you have HIV, herpes, or other STDs, particularly combined with claims you knowingly exposed partners.

Professional misconduct or incompetence. False claims about your job performance, professional ethics, or conduct that could get you fired or cost you business.

Specific criminal history. False claims that you have a criminal record, are a registered sex offender, or have been arrested for specific crimes.

You Also Need Damages

Even if someone made a provably false accusation, you need to show it actually harmed you. There are two paths:

Defamation per se. If the false statement accuses you of a crime, sexual misconduct, having a loathsome disease, or professional incompetence, Texas law presumes damages. You don’t have to prove specific financial loss—the nature of the accusation itself is considered inherently damaging.

Everything else requires proof of actual harm. If the false statement doesn’t fall into those categories, you must demonstrate real-world consequences: you lost your job, lost a client or business opportunity, lost a relationship, were denied housing, or suffered other measurable harm directly caused by the post. “I’m embarrassed” or “my friends saw it” isn’t enough.

The Bottom Line

Before you contact us, ask yourself two questions:

1. Did someone make a specific, false factual claim about me—not just call me names or share opinions?

2. Did it actually cost me something—a job, income, relationship, professional standing—OR was it an accusation of crime, sexual misconduct, disease, or professional wrongdoing (where damages are presumed)?

If you can’t answer yes to both, you don’t have a viable case. If you can, screenshot everything and call us.

The Criminal Side: When AWDTSG Activity Leads to Charges

Sometimes AWDTSG activity intersects with criminal law. Accusations in these groups can trigger investigations for stalking, harassment, or protective order violations. Conversely, aggressive posting behavior can result in criminal charges against the poster.

Harassment

Under Texas Penal Code § 42.07, harassment occurs when someone initiates communication with intent to harass, annoy, alarm, abuse, torment, or embarrass another person. Coordinated campaigns to post about someone or encourage others to contact them could support harassment charges.

Stalking

Stalking under Texas Penal Code § 42.072 involves conduct directed at a specific person that would cause a reasonable person to fear bodily injury, death, or that an offense will be committed against them or their property. In one Tarrant County stalking case, we negotiated a plea to 3-year deferred adjudication with ankle monitor review after one year, avoiding the harsher consequences our client initially faced.

Protective Order Violations

Protective orders add another layer of complexity. Violating a protective order is a criminal offense, and repeated violations within a year can be charged as a felony. In our analysis of Tarrant County bond data, the average bond for violation of a protective order was $3,121, and violations occurring two or more times within 12 months averaged $52,894 in bond. These are serious charges with significant consequences.

How AWDTSG Posts Affect Other Family Law Issues

Property Division

Texas is a community property state, and judges have discretion in dividing the marital estate. Evidence of bad behavior, including vindictive or defamatory social media activity, can influence how a judge views the “just and right” division of property. False accusations made publicly can also affect settlement negotiations, as the accused party may be more motivated to resolve the case quickly to stop the reputational damage.

Child Custody and Conservatorship

The best interest of the child is the primary consideration in Texas custody cases. A parent who makes false public accusations against the other parent demonstrates poor judgment and potentially parental alienation behavior. Posts that reveal information about children, expose them to conflict, or violate court orders can significantly impact custody decisions.

On the flip side, documented patterns of concerning behavior by the other parent, properly verified and presented, can support arguments for modified custody arrangements or supervised visitation.

Spousal Support and Child Support

False claims about a spouse’s income, employment, or professional reputation can affect child support and spousal maintenance calculations. If defamatory posts actually result in job loss or damaged earning capacity, that harm may be considered in calculating support obligations.

Protecting Yourself During Divorce

The safest approach during any family law proceeding is to avoid social media activity related to your case entirely. Don’t post about your spouse, your divorce, your custody situation, or the other party’s new relationships. Don’t join groups like AWDTSG while litigation is pending. And don’t respond to posts about you without legal guidance.

If you’re already a member of these groups, consider whether staying is worth the risk. Even comments or reactions to others’ posts can be used to show your mindset, judgment, or involvement in this type of community.

Document everything your spouse or co-parent posts, but do so quietly. Have a trusted friend or family member take screenshots if needed. Your attorney can advise on when and how to use this evidence strategically rather than reactively.

Many Texas family courts use standing orders that restrict what parties can post about each other or the litigation on social media. Violating these orders can result in sanctions, damage your credibility with the judge, or hurt your position in custody disputes. If you’re currently involved in any family law matter, assume that anything you post online could end up as an exhibit in your case.

What to Expect From Varghese Summersett

Varghese Summersett handles complex family law matters throughout Texas from offices in Fort Worth, Dallas, Houston, and Southlake. Our team of legal professionals includes attorneys experienced in both the family law and criminal law aspects of cases involving social media evidence, protective orders, and defamation claims.

When you face a situation involving AWDTSG or similar social media complications, we provide strategic assessment of your legal exposure and options, coordination between family law and criminal defense when both are implicated, aggressive protection of your reputation and parental rights, and practical guidance on documenting and preserving evidence.

Whether you’ve discovered your spouse on AWDTSG and need to leverage that evidence, you’re facing false accusations and need to protect your reputation, you want to understand the risks before posting, or you’re defending against criminal charges arising from protective order or harassment allegations, our attorneys have the experience to guide you through these complicated intersections of family law, civil liability, and criminal exposure.

Frequently Asked Questions

Can AWDTSG posts be used as evidence of adultery in my Texas divorce?

Yes. Posts showing your spouse was dating, maintaining romantic relationships, or lying about being married can support adultery claims under Texas Family Code § 6.003. This evidence must be properly preserved and authenticated, but social media posts are routinely admitted in Texas family courts. Proven adultery can result in a disproportionate property division in your favor.

What should I do immediately after discovering my spouse on AWDTSG?

Screenshot everything before it disappears, including posts, comments, the poster’s profile, and group information. Note the dates and times. Do not confront your spouse or tell anyone who might warn them. Contact a family law attorney before taking any action. The evidence could be powerful in your case, but only if preserved properly and used strategically.

Can I sue someone for posting about me in an AWDTSG group?

Potentially, yes. If the post contains false statements of fact (not just opinion), clearly identifies you, was made negligently or recklessly, and caused damage to your reputation, you may have a defamation claim under Texas law. Posts accusing you of crimes, sexual misconduct, or professional incompetence are particularly actionable. However, truth is a complete defense, and some statements may be protected as opinion.

Can I post about my cheating spouse in AWDTSG to warn other women?

This is legally risky during divorce proceedings. Even truthful posts can violate court standing orders, damage your credibility with the judge, or invite counter-claims. If you post false or exaggerated information, you could face defamation liability. The safest approach is letting your evidence work through proper legal channels rather than social media.

Will AWDTSG posts affect my divorce or custody case?

Very likely. Texas family courts routinely admit social media evidence. Posts by your spouse can show their judgment and credibility. Posts about you, true or false, can affect negotiations and your standing. Your own posts can be used against you. Many courts have standing orders restricting social media activity during litigation, and violations can result in sanctions.

What if my spouse posts false information about me in AWDTSG?

Document everything immediately with timestamped screenshots. False statements of fact may support defamation claims and can be used in your divorce to demonstrate your spouse’s bad faith, harassment, or poor judgment. Your attorney can pursue removal through platform reports, cease-and-desist letters, and potentially court orders limiting future posts.

Can posting in AWDTSG lead to criminal charges?

In some circumstances, yes. Repeated contact intended to harass could support harassment charges under Texas Penal Code § 42.07. Conduct causing fear of harm could lead to stalking charges. If your posts violate a protective order, you face criminal liability. Even if you don’t face criminal charges yourself, false accusations in posts could expose you to civil defamation liability.

Protect What Matters Most

Whether you’ve discovered your spouse on AWDTSG, you’re facing false accusations in these groups, you need guidance before posting, or you’re dealing with criminal allegations tied to social media activity, call Varghese Summersett at (817) 203-2220. Our experienced attorneys understand every legal angle of these platforms and can help you protect your rights, your reputation, and your future.

Reckless driving in Texas is a misdemeanor offense that carries potential jail time, fines, and a permanent criminal record. Under Texas Transportation Code § 545.401, a person commits this offense by driving a vehicle in willful or wanton disregard for the safety of persons or property. If you’ve been charged, you need to understand what you’re facing and how to fight back.

Unlike a simple traffic ticket, reckless driving is a criminal charge. A conviction can follow you for years, affecting job opportunities, insurance rates, and even professional licenses. The good news? These charges can often be reduced or dismissed with the right defense strategy.

What Counts as Reckless Driving in Texas?

Texas law defines reckless driving broadly, giving officers significant discretion when making arrests. The key element prosecutors must prove is that you drove with “willful or wanton disregard” for safety. This is more than simple carelessness or negligence. It requires showing you consciously disregarded a known risk.

Common behaviors that lead to reckless driving charges include excessive speeding (typically 25+ mph over the limit), weaving aggressively through traffic, racing on public roads, running multiple red lights or stop signs, and driving on sidewalks or shoulders to pass other vehicles. However, what one officer considers reckless, another might view as aggressive but not criminal. This subjectivity creates opportunities for an effective defense.

Reckless driving is often charged alongside other offenses. Officers may add evading arrest if you failed to stop immediately, or upgrade the charge if alcohol was involved. Understanding the full scope of what you’re facing is the first step toward building your defense.

Penalties for Reckless Driving

Under Texas law, reckless driving is a Hybrid Class B misdemeanor. The potential consequences include up to 30 days in county jail, fines up to $200, and a permanent criminal record. While these statutory penalties may seem relatively mild compared to other criminal offenses, the collateral consequences often prove far more damaging. It is referred to as a hybrid offense because it does not have the typical punishment range for a Class B misdemeanor.

A reckless driving conviction will appear on both your criminal record and your driving record. Insurance companies typically raise rates significantly after a reckless driving conviction, often by 50% or more. Some employers, particularly those in transportation, logistics, or positions requiring driving, may refuse to hire someone with this offense on their record.

For commercial driver’s license (CDL) holders, the stakes are even higher. A reckless driving conviction in any vehicle can trigger CDL disqualification and jeopardize your livelihood. Similarly, professionals with licenses from state boards may face disciplinary action.

If you’re facing reckless driving charges, don’t wait to get legal help. Schedule a free consultation with our criminal defense team at (817) 203-2220 to discuss your options.

What to Expect for Bond

If you’re arrested for reckless driving in Texas, you’ll need to post bond to secure your release. In our analysis of over 52,000 bonds set in Tarrant County, we found that the most common bond for reckless driving under Texas Transportation Code § 545.401(b) was $500, with an average bond of approximately $975.

Several factors can affect your bond amount. If you have prior convictions, outstanding warrants, or were arrested alongside more serious charges, expect a higher bond. Conversely, a clean record and strong community ties typically result in lower bond amounts or even a personal recognizance (PR) bond in some jurisdictions.

Once released on bond, you’ll have conditions to follow. Violating these conditions can result in bond revocation and additional charges. An experienced attorney can help ensure you understand and comply with all requirements while preparing your defense.

Common Defenses to Reckless Driving

Reckless driving charges are highly defensible because the statute requires proving a specific mental state. Simply showing that you were driving fast or made an aggressive maneuver isn’t enough. Prosecutors must prove you acted with willful or wanton disregard for safety.

The most effective defenses often focus on challenging the officer’s characterization of your driving. Was there actually a risk to persons or property? Were road conditions, visibility, or traffic patterns different than what the officer assumed? Video evidence from dashcams, traffic cameras, or nearby businesses frequently tells a different story than the police report.

Other successful defense strategies include challenging the traffic stop itself. If the officer lacked reasonable suspicion to pull you over, any evidence gathered afterward may be inadmissible. Constitutional violations during the stop or arrest can provide grounds for dismissal.

Emergency circumstances can also provide a complete defense. If you were driving to a hospital due to a medical emergency or fleeing a dangerous situation, your actions may not meet the legal definition of recklessness. Context matters enormously in these cases.

How Our Attorneys Have Handled Reckless Driving Cases

At Varghese Summersett, our criminal defense attorneys have secured numerous favorable outcomes in reckless driving cases across Texas. With over 1,600 dismissals and 800 charge reductions on our record, we know how to build effective defenses.

In one recent case, our client was charged with both reckless driving and unlawful carrying of a weapon. The combination of charges created serious exposure. Attorney Alex Thornton investigated the circumstances, challenged the evidence, and successfully obtained a complete dismissal of both charges.

In another case, our client faced reckless driving charges alongside allegations of displaying a fake license plate. Attorney Sheena Winkfield negotiated a resolution that resulted in community supervision rather than jail time, minimizing the impact on our client’s record and future.

Past results do not guarantee future outcomes, but these examples illustrate how aggressive representation can make a significant difference. Every case has unique facts, and we tailor our approach accordingly.

Reckless Driving vs. Related Charges

Understanding how reckless driving relates to other traffic offenses helps clarify what you’re facing. Racing on a highway under Texas Transportation Code § 545.420 is a separate Class B misdemeanor with similar penalties but focuses specifically on speed competitions. If someone is injured during a race, the charge elevates to a state jail felony.

Evading arrest with a vehicle is significantly more serious. Under Texas Penal Code § 38.04, evading in a vehicle is a state jail felony, punishable by 180 days to two years in state jail. This charge is often added when someone continues driving after an officer activates emergency lights.

When alcohol is involved, DWI charges will typically take priority over reckless driving. However, reckless driving is sometimes offered as a plea reduction in DWI cases. This can be advantageous because reckless driving doesn’t carry the same license suspension consequences or enhanced penalties for subsequent offenses that DWI does.

Protect your rights and your record. Talk to a criminal defense lawyer today by calling (817) 203-2220.

What Happens After a Reckless Driving Arrest

The criminal process for a misdemeanor like reckless driving typically begins with an arrest or citation. If arrested, you’ll be booked into county jail and must post bond for release. If issued a citation, you’ll receive a court date to appear.

At your first court appearance (arraignment), you’ll enter a plea. Pleading not guilty preserves all your options and allows time to build a defense. Your attorney can then review the evidence, including police reports, dashcam footage, witness statements, and any other materials the prosecution intends to use.

Many reckless driving cases resolve through negotiation before trial. Depending on the circumstances and your history, options may include dismissal, reduction to a non-criminal traffic offense, deferred adjudication (probation that results in dismissal if completed), or a plea to the charged offense with minimal penalties.

If your case goes to trial, the prosecution must prove beyond a reasonable doubt that you drove with willful or wanton disregard for safety. This is a high standard, and juries often find the subjective nature of “recklessness” difficult to apply. Skilled trial attorneys know how to highlight these ambiguities.

Can Reckless Driving Be Expunged or Sealed?

Texas law provides pathways to clear certain criminal records, but eligibility depends on how your case resolves. If your reckless driving charge is dismissed or you’re found not guilty at trial, you may qualify for expunction. This process destroys all records of the arrest and prosecution as if it never happened.

If you receive deferred adjudication probation and successfully complete it, you may be eligible for an order of nondisclosure. This seals your record from most public access, though law enforcement and certain licensing agencies can still see it.

A conviction for reckless driving cannot be expunged or sealed under current Texas law. This makes avoiding a conviction critically important for your long-term future. Even a misdemeanor conviction stays on your record permanently unless the law changes.

Our team includes attorneys who handle both the criminal defense and subsequent record clearing. We approach every case with an eye toward the best possible long-term outcome.

Why Choose Varghese Summersett

Our criminal defense team brings unique qualifications to every case. With four Board Certified Criminal Law Specialists and six former prosecutors on staff, we understand how both sides approach these cases. This perspective helps us identify weaknesses in the prosecution’s case and leverage opportunities for favorable resolution.

We have offices in Fort Worth, Dallas, Houston, and Southlake, with over 70 team members ready to fight for you. Our track record speaks to our effectiveness, but we know that past results don’t guarantee future outcomes. What we can guarantee is that you’ll receive aggressive, strategic representation from attorneys who genuinely care about protecting your future.

Don’t wait to get help. Call (817) 203-2220 for a free consultation with an experienced criminal defense attorney.

Frequently Asked Questions About Reckless Driving in Texas

Is reckless driving a felony in Texas?

No, standard reckless driving under Texas Transportation Code § 545.401 is a Class B misdemeanor. However, if reckless driving causes serious bodily injury or death, prosecutors may file more serious charges such as criminally negligent homicide or manslaughter, which are felonies.

How many points does reckless driving add to my license?

Texas doesn’t use a traditional point system for driver’s licenses. However, a reckless driving conviction will appear on your driving record and can affect your insurance rates, your ability to maintain a CDL, and your eligibility for certain programs like deferred adjudication on future offenses.

Can reckless driving be reduced to a traffic ticket?

Yes, in many cases an experienced defense attorney can negotiate a reduction from criminal reckless driving to a non-criminal traffic violation. This avoids a criminal record while still resolving the case. The likelihood of obtaining a reduction depends on the specific facts, your prior record, and the policies of the prosecuting jurisdiction.

Will I go to jail for reckless driving?

Jail time is possible but not automatic. Many first-time reckless driving cases resolve with fines, probation, or deferred adjudication without any jail time. However, aggravating factors like prior convictions, extremely dangerous conduct, or causing property damage increase the likelihood of jail being imposed.

How long does reckless driving stay on my record?

A reckless driving conviction stays on your criminal record permanently in Texas unless you qualify for expunction or nondisclosure. It will also remain on your driving record maintained by the Texas Department of Public Safety, typically for three to five years for insurance purposes, though the conviction itself never fully disappears.

Get Help With Your Reckless Driving Case

A reckless driving charge doesn’t have to derail your life. With experienced legal representation, many of these cases result in dismissals, reductions, or outcomes that protect your record and your future. The attorneys at Varghese Summersett have the skills, resources, and track record to give you the best possible chance at a favorable outcome.

We offer free consultations for criminal defense matters and have offices throughout Texas to serve you. Whether your case is in Fort Worth, Dallas, Houston, or anywhere else in the state, we’re ready to fight for you. Call (817) 203-2220 today to speak with a defense attorney about your reckless driving case.

I’ve reviewed thousands of DWI reports in my career. The “odor of alcoholic beverage” appears in nearly every DWI police report in Texas, but it tells officers almost nothing about whether you’re actually intoxicated. If you’ve been pulled over and the officer mentions smelling alcohol, you should understand exactly what this observation means for your case and what decisions you’ll need to make in the moments ahead. Those decisions, including whether to consent to field sobriety tests and breath or blood testing, can dramatically impact your defense.

At Varghese Summersett, our DWI lawyers have handled thousands of intoxication cases across Texas. We know how officers use the “odor of alcohol” to justify investigations, and we know how to challenge this evidence when it’s used improperly. The short answer is this: the smell of alcohol on your breath does not prove impairment. It only proves consumption, which is perfectly legal for adults over 21.

How Officers Use the Odor of Alcohol in DWI Investigations

When a police officer pulls you over, they’re looking for clues that might expand the traffic stop into a DWI investigation. The “odor of alcohol” is one of the first things they document because it helps build the legal foundation for everything that follows. Under Texas Penal Code § 49.04, DWI requires proof of intoxication, not merely proof that someone consumed alcohol. But officers know that documenting alcohol odor creates a paper trail that arguably sounds stronger than careful analysis proves.

Here’s what typically happens: After stopping your vehicle, the officer approaches your window and immediately notes whether they detect an alcohol odor, often noting it was “on breath” or “on person.” This observation goes straight into the report, often with subjective descriptors like “strong,” “moderate,” or “faint.” These terms have no scientific basis or standardized meaning. One officer’s “strong” might be another officer’s “moderate.” Yet this subjective observation becomes the first brick in the probable cause wall.

Why Alcohol Odor Doesn’t Prove Intoxication

Most people don’t realize that ethanol itself is nearly odorless. What people actually smell when they detect “alcohol on the breath” are congeners, the flavoring compounds and fermentation byproducts that give alcoholic beverages their distinctive tastes and smells. These include acetaldehyde, esters, fusel oils, hops, tannins, and grape compounds.

This chemistry creates several fundamental problems with using odor as evidence:

• Odor doesn’t correlate with blood alcohol concentration (BAC). Someone who drank two glasses of red wine might produce a much stronger odor than someone who consumed six vodka sodas with a significantly higher BAC.
• Odor doesn’t indicate quantity consumed. A single craft beer with heavy hops will produce more odor than multiple shots of neutral spirits like vodka.
• Odor doesn’t indicate timing. Alcohol can linger on the breath for hours after drinking stops, or “mouth alcohol” from recent consumption can create strong odor when systemic BAC is still rising or negligible.

Texas courts have consistently held that the odor of alcohol alone is not sufficient for probable cause to arrest for DWI. It must be combined with other indicators of impairment. To put this another way: you can drink alcohol and drive legally in Texas. The offense is driving while intoxicated, not driving after drinking.

Can Officers Use Alcohol Odor to Justify Further Investigation?

Yes. While alcohol odor alone cannot support an arrest, it can contribute to “reasonable suspicion” that allows officers to expand a routine traffic stop into a DWI investigation. Once an officer claims to detect alcohol odor, they typically request that you exit the vehicle and perform standardized field sobriety tests (SFSTs). This is where your decisions become critically important.

The odor observation serves several strategic purposes for officers. It establishes the probable cause narrative because DWI report templates emphasize “indicia of intoxication” including odor, bloodshot eyes, slurred speech, and unsteady balance. Courts have long accepted odor as one factor supporting reasonable suspicion. It also sounds scientific and objective to juries, even though it’s highly subjective. Perhaps most importantly, it’s nearly impossible to refute. How do you disprove what someone claims to have smelled?

Should You Consent to Roadside Field Sobriety Tests?

In Texas, you have the right to refuse field sobriety tests. There is no legal penalty for refusing SFSTs on the roadside. While some argue that these tests are designed for failure, the more accurate statement is the tests can only be relied upon as designed if they are administered as designed. Enter the human element: in many cases officers for any number of reasons do not administer the tests correctly. Beyond that, officers never tell you the “clues” of intoxication they are looking for. You’re taking a test, and not quite sure what you being graded on.

Our recommendation: Politely decline field sobriety tests. You can say, “I’d prefer not to participate in any tests without speaking to an attorney first.” This statement is respectful but firm. The officer may still arrest you based on other observations, but you won’t have provided additional evidence against yourself.

Should You Consent to a Portable Breath Test (PBT) on the Roadside?

Absolutely not. The portable breath testing devices officers carry are not the same as the Intoxilyzer machines at the police station. PBT results are generally not admissible in court in Texas, but officers use them to help establish probable cause for arrest. These devices are less accurate and more prone to error than station-based breath testing equipment.

There’s no penalty for refusing a roadside PBT in Texas. You should politely decline. If the officer asks why, you can simply state that you’ve been advised not to take roadside breath tests.

If you’re facing DWI charges in Texas and have questions about the evidence against you, our attorneys can help. Talk to a lawyer before you speak to police. Call (817) 203-2220 for a free consultation.

What About Breath or Blood Testing at the Station?

This is where many people get confused about their rights. Here’s the straightforward answer: Do not consent to chemical testing. Make the state get a warrant for your blood if they believe they have probable cause.

Under Texas Transportation Code Chapter 724, refusing to provide a breath or blood sample will result in an automatic Administrative License Revocation (ALR). Your license will be suspended for 180 days for a first refusal. However, this administrative penalty is often preferable to providing evidence that can be used to convict you.

Here’s why refusal is typically the better choice:

When you refuse, you force the state to obtain a search warrant for your blood. The warrant process creates additional opportunities for review and for procedural errors that can be challenged later. Most importantly, you’re not providing voluntary evidence against yourself.

Many people worry that refusing will look bad to a jury. In reality, experienced defense attorneys can explain to juries why someone might refuse testing without being guilty. You have constitutional rights, and exercising them is not evidence of guilt.

What Happens When You Refuse Testing

If you refuse a breath or blood test, the officer will likely:

• Confiscate your driver’s license
• Issue a notice of suspension
• Apply for a blood search warrant from a magistrate
• Transport you to a hospital or blood draw location for a forced blood draw (if the warrant is granted)

You should still refuse. Let the officer do their job and obtain a warrant. This creates a paper trail that your attorney can review for errors. Magistrates sometimes deny warrants. Warrants sometimes contain errors that make the resulting blood draw inadmissible. By refusing, you preserve every possible defense.

DWI Penalties in Texas

Understanding what you’re facing helps explain why protecting yourself during the investigation matters so much. DWI penalties escalate quickly with each offense and with aggravating factors.

First DWI (Class B Misdemeanor): 72 hours to 180 days in jail, up to $2,000 fine, license suspension up to one year.

DWI with BAC ≥ 0.15 (Class A Misdemeanor): Up to one year in jail, up to $4,000 fine, mandatory ignition interlock device.

Second DWI (Class A Misdemeanor): 30 days to one year in jail, up to $4,000 fine, license suspension up to two years.

Third DWI (Third-Degree Felony): 2 to 10 years in prison, up to $10,000 fine, license suspension up to two years.

DWI with Child Passenger (State Jail Felony): 180 days to 2 years in state jail, up to $10,000 fine.

Typical Bond Amounts for DWI in Tarrant County

Based on our analysis of over 6,000 DWI and intoxication cases in Tarrant County, here’s what you can expect for bond:

• First DWI (Texas Penal Code § 49.04): Most bonds are set at $500, with an average around $950
• DWI with BAC ≥ 0.15: Most bonds are set at $1,000, with an average around $1,470
• Second DWI: Most bonds are set at $1,500, with an average around $1,800
• Third DWI or More: Most bonds are set at $5,000, with an average around $14,200
• DWI with Child Passenger: Most bonds are set at $1,500, with an average around $3,700

Bond amounts can vary significantly based on your criminal history, whether there was an accident, and other factors the magistrate considers.

How a DWI Defense Attorney Challenges Alcohol Odor Evidence

The “odor of alcohol” is fertile ground for cross-examination. When we defend DWI cases, we systematically dismantle this evidence by getting officers to acknowledge what they cannot determine from smell alone.

Under questioning, most officers will admit they cannot determine BAC from odor. They cannot determine quantity consumed from odor. They cannot determine when the person last drank from odor. They received minimal or no training on the chemistry of alcohol odor. Different beverages produce different odor intensities. A person could have a strong odor and be under 0.08, or a faint odor and be over 0.08.

An effective cross-examination establishes that odor is merely a cue of consumption, not intoxication. We highlight that the report language (“strong odor,” “moderate odor”) is nothing more than a subjective description with no standardized scale behind it.

Case Example: DWI Reduced to Obstruction of Highway

Our attorneys recently represented a client in Tarrant County charged with DWI. The police report documented a “strong odor of alcoholic beverage” and bloodshot eyes. Through careful negotiation and challenge of the evidence, we secured a reduction to Obstruction of Highway with 12 months of deferred adjudication. This result meant no DWI conviction on our client’s record and eligibility for record sealing after successful completion of probation.

Past results do not guarantee future outcomes. Every case is unique.

What to Do If You’re Stopped for DWI in Texas

The moments after a traffic stop can determine the outcome of your case. Here’s what you should do:

Be polite and cooperative with basic requests. Provide your license, registration, and insurance. Exit the vehicle if asked. Don’t argue with the officer.

Exercise your right to remain silent. You don’t have to answer questions about where you’ve been, whether you’ve been drinking, or how much you’ve had. You can say, “I’d prefer not to answer questions without an attorney present.”

Refuse field sobriety tests. Politely decline. There’s no legal penalty for refusing SFSTs.

Refuse roadside breath tests. The portable devices officers carry are not admissible anyway. Don’t provide preliminary evidence.

Refuse breath or blood testing at the station. Make the state get a warrant. Yes, your license will be suspended, but you’ll preserve defenses.

Contact an attorney immediately. You have only 15 days to request an ALR hearing to challenge your license suspension.

If you’ve been arrested for DWI in Texas, don’t wait to get legal help. Our team has secured more than 1,600 dismissals and 800 charge reductions across criminal cases. Protect your rights and your record. Call (817) 203-2220 today.

The ALR Hearing: Protecting Your License

After a DWI arrest, you have 15 days to request an Administrative License Revocation (ALR) hearing. This hearing is separate from your criminal case and focuses solely on whether your license should be suspended. Many people don’t realize they have this right, and failing to request a hearing results in automatic suspension.

The ALR hearing provides several benefits. It allows your attorney to subpoena the arresting officer and question them under oath. It reveals evidence and potential weaknesses in the state’s case. It may result in keeping your driving privileges. And it creates a record that can be valuable for your criminal defense.

Learn more about what you should never do if stopped for DWI and how to defend against DWI charges in Texas.

What to Expect From Varghese Summersett

When you hire Varghese Summersett, you get a team with extensive DWI defense experience. Our firm includes former prosecutors who understand how the other side builds their cases. We have board-certified criminal law specialists. We maintain offices in Fort Worth, Dallas, Houston, and Southlake, with a team of more than 70 professionals.

We examine every aspect of your case, from the initial traffic stop to the chemical testing procedures. We investigate whether the officer had reasonable suspicion for the stop, whether they properly administered any tests, whether the breath or blood testing equipment was properly maintained and calibrated, and whether your constitutional rights were violated at any point.

DWI cases are technical, and the details matter. The difference between a conviction and a dismissal often comes down to evidence that an inexperienced attorney might overlook.

Frequently Asked Questions

Can I be convicted of DWI if I refused all testing?

Yes, you can still be convicted based on other evidence, including the officer’s observations of your driving, your physical appearance, and your behavior. However, the state’s case is typically weaker without chemical test results. Refusal makes it harder for prosecutors to prove you were intoxicated beyond a reasonable doubt.

Does refusing testing always result in license suspension?

Yes, under Texas implied consent law, refusing a breath or blood test triggers an automatic 180-day license suspension for a first refusal (two years if you have prior DWI-related contacts). However, you can request an ALR hearing to challenge the suspension, and you may be eligible for an occupational license that allows you to drive for work and essential activities.

What if the officer forced a blood draw without my consent?

Officers can obtain a warrant authorizing a blood draw over your objection. If the warrant was properly obtained, the blood draw is generally legal. However, we carefully review every warrant for procedural errors, false statements, or constitutional violations that could make the results inadmissible.

How long does alcohol odor stay on your breath?

Alcohol can remain detectable on the breath for many hours after drinking, often 12 to 24 hours depending on the amount consumed. This means you can smell like alcohol when your BAC is low or even near zero. This is one reason alcohol odor is such weak evidence of current intoxication.

Can mouthwash or breath spray affect breath test results?

Yes. Alcohol-containing mouthwash, breath spray, and similar products can create a strong alcohol odor and even cause elevated breath test readings for roughly 10 to 20 minutes after use. This is called “mouth alcohol” and does not reflect your true blood alcohol level. Proper breath testing protocols require an observation period to avoid this problem, but officers don’t always follow these procedures correctly.

Get Help From an Experienced Texas DWI Lawyer

The odor of alcohol is largely scientific theater. When you see it in a police report, understand what it really means: the officer smelled something. That’s it. It doesn’t mean you were drunk, it doesn’t mean you were over the legal limit, and it doesn’t prove you’re guilty of DWI.

If you’ve been arrested for DWI in Texas, every piece of evidence in the police report deserves careful scrutiny by a defense attorney who understands the science and knows how to challenge it in court. The decisions you made during the investigation, and the decisions your attorney makes in the weeks ahead, will shape the outcome of your case.

Schedule a free consultation with Varghese Summersett today. Call (817) 203-2220 or contact us online to discuss your case with an experienced DWI defense attorney.