In Texas, DWI Convictions Can Have Serious Consequences. Don’t Let an Arrest Alter Your Life. Get the Representation You Need from the Senior Houston DWI Lawyers at The Criminal Defense Firm
When you get arrested for DWI, things begin to happen quickly. A DWI arrest can negatively impact your life before your case goes to trial, and you can face life-altering consequences even if you are not ultimately convicted in court. For licensed professionals and business owners, the consequences of a DWI conviction can be particularly severe. Professionals can face disciplinary action resulting in possible license suspension or revocation, and business owners can face reputational harm that negatively impacts their company’s profitability.
At The Criminal Defense Firm, we defend licensed professionals, business owners, and other individuals against DWI charges in Houston, TX. Our defense lawyers have extensive experience in high-stakes DWI cases, including prior experience as Texas prosecutors. When you contact us, our lawyers will begin working with you to build your defense immediately, and we will focus our efforts on having your DWI charge dismissed prior to trial.
While many aspects of Texas’s criminal justice system are unfavorable to defendants, there are still many ways to defend against DWI charges in Texas’s criminal courts. We have helped hundreds of clients avoid life-altering penalties and collateral consequences, and we can use this experience to your advantage. If you are facing a DWI charge in Houston, you need experienced legal representation. Contact us now to put our senior attorneys’ decades of experience and proven track record on your side.
Put our highly experienced team on your side
Brian J. Kuester
Former U.S. Attorney
Former DA
Amanda Marshall
Former U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney
& Former District Attorney
Local Counsel
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Linda Julin McNamara
Former Chief, DOJ Appeals
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Kevin M. Sheridan
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Dennis A. Wichern
Former Special Agent-in-Charge (DEA)
Charged with DUI in Houston? Here’s What You Need to Know
As a defendant in the Texas criminal justice system, there is a lot you need to know. You need to understand how your case will progress, you need to know what evidence the prosecutor’s office can use against you, and you need to know what defenses you can use to avoid a conviction and sentencing. You also need to know how to strategically approach each stage of your DWI case, as there are different ways to fight a DWI charge at each stage.
What are the Charges Against You?
The Texas Penal Code establishes several different DWI offenses. When building your DWI defense strategy, you need to tailor your strategy to the specific offense with which you have been charged. You need to target the elements of your specific offense, and being able to successfully challenge the prosecution’s case with regard to even a single element can be enough to protect you against a conviction. DWI charges in Texas include:
- First Time DWI (Blood Alcohol Concentration (BAC) Below 0.15)
- First Time DWI (BAC of 0.15 or Above)
- DWI with Injury
- Felony DWI
- Multiple DWIs
- Out-of-State DWI
- Intoxication Manslaughter
- Under 21 DWI (Zero Tolerance DWI)
What are Possible Defenses to DWI in Texas?
Regardless of the specific charge you are facing, there are numerous defenses you may be able to assert in order to avoid a conviction. As your defense counsel, we will assess the viability of defenses including (but not limited to):
- Unreliable BAC reading
- Contamination of breath or blood sample
- Faulty administration of the field sobriety tests (FSTs)
- Faulty interpretation of FST performance
- Unconstitutional traffic stop or arrest
- Failure to read your Miranda rights
- Insufficient evidence to meet the prosecution’s burden of proof
What are the Penalties for a DWI in Texas?
When facing a DWI charge in Houston, the penalties you are facing depend on the specific offense with which you have been charged. The penalties for the most-common DWI charges in Texas include:
First-Time DWI (BAC Below 0.15)
- Fine of up to $2,000
- Suspension of your driver’s license up to 1 year
- Possible (although unlikely) jail time up to 180 days
- Surcharge payments of up to $2,000 to keep your driver’s license for three years if convicted
First-Time DWI (BAC of 0.15 or Above)
- Fine of up to $4,000
- Possible jail sentence of up to 1 year
- Suspension of your driver’s license up to 1 year
Second-Time DWI
- Fine of up to $4,000
- Suspension of your driver’s license up to 2 years
- Possible jail sentence of up to 1 year
Third-Time DWI
- Possible felony conviction
- Possible fine up to $10,000
- Possible prison sentence of up to 10 years
- Suspension of your driver’s license up to 2 years
Intoxication Manslaughter
- Possible felony conviction
- Possible fine up to $10,000
- Possible prison sentence of up to life in prison
- Suspension of your driver’s license of up to 2 years
What are the Collateral Consequences of a DWI Conviction?
In addition to statutory penalties, a DWI conviction can have various collateral consequences as well. For example, if you have a professional license, simply being arrested for DWI can trigger disciplinary action by your state licensing board. The standards for imposing license discipline are generally much lower than those for convicting a defendant in criminal court, so it is very possible that you could have your license suspended or revoked even if you are not convicted at trial.
As we mentioned above, a DWI arrest can cause significant reputational harm for business owners. Of course, this applies to licensed professionals and other individuals as well. If information about your DWI arrest is made public which will happen if your case goes to court you could face various negative ramifications in your personal and professional lives.
Depending on what you do for work, a DWI conviction could also result in termination of your position, and you could potentially lose your security clearance as well. For all individuals, convictions for certain DWI offenses can also lead to:
- Loss of your right to own a gun
- Loss of your right to vote
- Loss of child custody or visitation rights
- Inability to obtain personal or business financing
Here’s How Our Senior Defense Attorneys Will Fight Your DWI Charge
DWI cases are complicated; and, with everything you have at stake, you cannot afford to trust your case to inexperienced counsel. When you engage the senior defense lawyers at The Criminal Defense Firm to represent you, we will:
1. Identify the Defenses You Can Use to Fight Your DWI Charge
Our attorneys will work closely with you to examine the facts of your case and determine what defenses we can use to fight your DUI charge. Oftentimes, there will be multiple defenses available even when it seems like the prosecution has an open-and-shut case.
2. Build a Comprehensive and Cohesive Defense Strategy
Once we assess your available defenses, we will build a comprehensive and cohesive defense strategy that is tailored to the specific facts of your case. This may involve asserting multiple defenses in order to attack various aspects of the prosecution’s case, or it may involve focusing on a single defense that clearly points toward dismissal.
3. Help You Avoid Costly Mistakes
As a defendant in the Texas criminal justice system, there are mistakes you need to avoid (more on this below). Our attorneys will continue working closely with you throughout your case to make sure you do not unknowingly put your case at risk.
4. Steer Your Case Toward Dismissal
As defense counsel, our goal is always to secure a dismissal for our client. We will continuously work to dismiss your DWI charge from the outset of our engagement through the end of your trial.
5. Make Sure the Consequences of Your Arrest are No Greater Than Necessary
In addition to providing criminal defense representation for DWI cases, we represent our clients in professional license disciplinary proceedings and other matters as well. We will address all of the potential collateral consequences of your arrest in order to ensure that you are protected to the fullest extent possible.
Here are 5 Critical Mistakes You Need to Avoid
When facing a DWI charge in Texas, mistakes can be extraordinarily costly. Here are five examples of mistakes you need to avoid:
1. Do Not Get Another DWI
Getting arrested again will subject you to enhanced penalties, and it could make it much more difficult to fight the charges against you.
2. Do Not Wait to Hire a Lawyer
In order to ensure that you take advantage of every opportunity to seek dismissal of your DWI charge, you need to hire a lawyer as soon as possible.
3. Do Not Assume the Prosecutor’s Office has a Solid Case
Regardless of the circumstances at hand, you should not assume that the prosecutor’s office has a solid case. Its evidence may be insufficient, or key pieces of evidence may be inadmissible in court.
4. Do Not Ignore the Risks of Your Case
While a conviction is never guaranteed, neither is a dismissal. You need to take your DWI case seriously, and you need to be prepared to devote the time and resources required to fight for a favorable result.
5. Do Not Trust Your Case to Inexperienced Counsel
In Texas DWI cases, experience matters. If you entrust your case to inexperienced counsel, you could very well find yourself facing severe consequences that could have been avoided.
Speak with a Houston DWI Attorney at The Criminal Defense Firm Today
If you need experienced legal representation for a DWI case in Houston, contact The Criminal Defense Firm and schedule a complimentary case assessment with one of our senior attorneys. To discuss your case in confidence as soon as possible, call 713-454-7814 or tell us how we can reach you online now.
DWI Lawyer Houston – The Criminal Defense Firm