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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 Oberheiden P.C. – Your Freedom 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 Oberheiden P.C., 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

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

John W. Sellers
John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena
Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Lynette S. Byrd
Lynette S. Byrd

Former Assistant U.S. Attorney

Partner

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (OIG)

Gamal Abdel-Hafiz
Gamal Abdel-Hafiz

Former Supervisory Special Agent (FBI)

Chris Quick
Chris Quick

Former Special Agent (FBI & IRS-CI)

Kevin M. Sheridan
Kevin M. Sheridan

Former Special Agent (FBI)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Dennis A. Wichern
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 Oberheiden P.C. 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 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. It’s 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 Oberheiden P.C. Today

If you need experienced legal representation for a DWI case in Houston, contact Oberheiden P.C. and schedule a complimentary case assessment with one of our senior attorneys. To discuss your case in confidence as soon as possible, call 888-680-1745 or tell us how we can reach you online now.

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