If you have been charged with DWI in Houston, Texas, call our office at 281-868-8352 or fill out a consultation request form. We answer phones 24/7.
If you have been charged with DWI in Houston, Texas, call our office immediately. In the days after being arrested and charged with DWI in Houston, Texas, deadlines to save your license approach. Our office is experienced in fighting for your license in administrative court and fighting for your freedom in a criminal court at law.
Our Houston criminal defense attorneys work with the goal of getting your case dismissed and, if the State of Texas refuses to dismiss, we are ready and able to aggressively fight for you at trial. If you have been charged with an intoxication offense, including DWI, DWI with a child passenger, Intoxication manslaughter, or any related offense, call our Houston DWI attorneys. We answer phones 24 hours a day, 7 days a week.
TYPES OF DWI OFFENSES
The penalties that come with a conviction of DWI vary based on the facts and circumstances of your case, and any previous convictions you might have for an intoxication offense.
Section 49.04 of the Texas Penal Code provides the definition for driving while intoxicated in Texas:
- A person
- Is intoxicated
- while operating a motor vehicle in a public place
The most contested issue in DWI cases is the issue of "intoxication". Law enforcement can prove intoxication one of three ways: proving your blood-alcohol concentration was above .08, proving the defendant's loss of mental faculties, or proving the defendant's loss of physical faculties.
Breath or blood are the most popular ways the State of Texas may prove the element of intoxication. However, law enforcement's use of "field sobriety tests" are also used in court to show that a defendant lost their physical or mental faculties. Do not be fooled, neither blood, breath, or field sobriety tests are perfect. Our experienced DWI attorneys in Houston, Texas have proven to be effective at overcoming those hurdles and earning "not-guilty" verdicts at trial, or dismissals for our clients before trial.
Potential First Time DWI Penalties
- Up to 180 days in Jail
- Up to $2000 fine
- Ignition interlock device
- Community service
- DWI education course
- Victim Impact Panel course
- Alcohol abuse evaluation
There may be enhancements to your DWI charge, even if it was your first time. For example, if you were arrested for DWI in Houston, Texas with an open container, the minimum term of confinement is raised from 72 hours to 6 days. Another example is if the State can prove at trial that your blood breath or urine shows an alcohol concentration of 0.15 or more at the time the analysis was preformed, the offense is a class A misdemeanor.
Lastly, if you have previous DWI convictions, the charge and penalties for new charges become more severe and require a different defense. For example, if someone is charged with a DWI and they have 2 previous convictions, the third offense will be charged as a third degree felony.
WHAT ARE FELONY INTOXICATION OFFENSES?
Penal Code § 49.045
Offense: Driving While Intoxicated with Child Passenger (State-Jail Felony)
- (a) A person commits an offense if:
- (1) the person is intoxicated while operating a motor vehicle in a public place; and
- (2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
Penal Code § 49.07
Offense: Intoxication Assault (Third Degree Felony)
- (a) A person commits an offense if the person, by accident or mistake:
- (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or
- (2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
- (b) In this section, “serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Penal Code § 49.08
§ 49.08. Intoxication Manslaughter (Second Degree Felony)
- (a) A person commits an offense if the person:
- (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
- (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.