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DWI Attorney in Houston, TX
DWI charges in Houston carry severe penalties including jail time, license suspension, and permanent criminal records. Texas law sets the legal limit at 0.08% BAC for adults. Cory Roth Law Office provides aggressive DWI defense throughout Harris County, challenging evidence and protecting your driving privileges from the moment of arrest through case resolution.
Understanding DWI Charges in Texas
Texas defines Driving While Intoxicated under Penal Code Section 49.04 as operating a motor vehicle in a public place while intoxicated. Intoxication means either having a blood alcohol concentration (BAC) of 0.08% or higher, or lacking the normal use of mental or physical faculties due to alcohol, drugs, or any combination of substances. This dual definition gives prosecutors two paths to conviction.
The “loss of normal faculties” standard allows DWI convictions even when BAC testing shows levels below 0.08%. Prosecutors can argue that driving patterns, field sobriety test performance, slurred speech, or other observations prove impairment regardless of chemical test results. This subjective standard creates both challenges and opportunities in DWI defense—officers’ perceptions can be challenged, and their observations may not accurately reflect actual impairment.
First Offense DWI
A first offense DWI in Texas is classified as a Class B misdemeanor, carrying potential penalties of 72 hours to 180 days in county jail and fines up to $2,000. First-time offenders may qualify for probation instead of jail time, but convictions still create permanent criminal records that affect employment, housing, and professional licensing for years afterward.
Administrative penalties compound criminal consequences. The Texas Department of Public Safety suspends driving privileges for 90 days to one year following DWI arrests, even before any criminal conviction. Challenging this administrative suspension requires requesting an Administrative License Revocation (ALR) hearing within 15 days of arrest—missing this deadline waives your right to contest the suspension.
Enhanced DWI Charges
Certain circumstances elevate DWI charges beyond standard misdemeanors. BAC levels of 0.15% or higher upgrade first offenses to Class A misdemeanors with penalties up to one year in jail and $4,000 fines. DWI with a child passenger constitutes a state jail felony regardless of BAC level or prior record, exposing defendants to 180 days to two years in state jail.
Second DWI offenses become Class A misdemeanors with mandatory minimum jail sentences. Third DWI charges escalate to third-degree felonies carrying 2-10 years in prison. Understanding which category applies to your situation helps evaluate defense options and potential outcomes—experienced attorneys identify opportunities to reduce charges or challenge enhancements.
Felony DWI Charges in Houston
While most DWI arrests begin as misdemeanors, several circumstances trigger felony DWI charges with dramatically increased penalties. Understanding felony exposure helps defendants appreciate the seriousness of their situation and the importance of experienced legal representation.
Third or Subsequent DWI
Texas law classifies third and subsequent DWI offenses as third-degree felonies. Conviction carries 2-10 years in the Texas Department of Criminal Justice and fines up to $10,000. Prior DWI convictions from any state count toward enhancement, and there’s no time limit on “lookback”—decades-old convictions still trigger felony charges for current offenses.
Our felony DWI attorneys challenge prior convictions used for enhancement, examining whether defendants had proper legal representation, whether guilty pleas were knowing and voluntary, and whether constitutional rights were protected in earlier cases. Successfully challenging prior convictions can reduce felony charges to misdemeanors.
Intoxication Assault
When impaired driving causes serious bodily injury to another person, Texas prosecutors file intoxication assault charges—a third-degree felony carrying 2-10 years imprisonment. “Serious bodily injury” includes injuries creating substantial risk of death, permanent disfigurement, or protracted loss of any bodily function. Even passengers in the defendant’s own vehicle can be victims for intoxication assault purposes.
Intoxication Manslaughter
When impaired driving causes death, prosecutors charge intoxication manslaughter—a second-degree felony carrying 2-20 years imprisonment. Unlike standard manslaughter charges requiring recklessness, intoxication manslaughter requires only proof of intoxication and causation—prosecutors don’t need to prove the defendant drove recklessly beyond the intoxication itself.
Commercial Driver DWI Defense
Commercial driver’s license (CDL) holders face unique DWI consequences that threaten their livelihoods. Federal regulations set the legal BAC limit at 0.04% for commercial vehicle operation—half the standard limit. Our commercial driver DWI defense attorneys understand both Texas DWI law and federal CDL regulations that compound penalties for professional drivers.
A first DWI conviction—even in a personal vehicle—triggers one-year CDL disqualification. Second DWI convictions result in lifetime CDL disqualification. These federal consequences apply regardless of state court outcomes, meaning even successful mitigation of criminal penalties may not save commercial driving privileges. The Federal Motor Carrier Safety Administration enforces these requirements nationally.
CDL holders cannot refuse chemical testing without facing automatic disqualification. Unlike non-commercial drivers who may strategically refuse testing to limit evidence, commercial drivers face severe consequences for refusal regardless of eventual criminal case outcomes. This dynamic changes defense strategy significantly—protecting the CDL often requires different approaches than standard DWI defense.
Effective DWI Defense Strategies
Successful DWI defense requires comprehensive analysis of every phase of the arrest and testing process. Police officers must follow specific procedures, and chemical testing equipment must meet strict standards. Failures at any point create opportunities for evidence suppression or case dismissal.
Challenging the Traffic Stop
The Fourth Amendment requires police officers to have reasonable suspicion of criminal activity before stopping vehicles. Stops based on hunches, profiles, or pretextual reasons violate constitutional rights. When officers lack articulable facts justifying the stop, all evidence obtained afterward—including field sobriety tests, breath tests, and incriminating statements—may be suppressed.
We analyze dashcam footage, bodycam recordings, and police reports to evaluate stop legality. Minor traffic violations cited as stop justification may not have actually occurred. Officers’ claimed observations of weaving or erratic driving often contradict video evidence. Successful suppression motions can eliminate the prosecution’s entire case.
Field Sobriety Test Challenges
Standardized Field Sobriety Tests (SFSTs) must be administered according to National Highway Traffic Safety Administration (NHTSA) protocols. Deviations from standardized procedures undermine test reliability and admissibility. Common errors include improper instruction, inadequate demonstration, uneven testing surfaces, and failure to account for medical conditions affecting performance.
Even properly administered SFSTs have significant accuracy limitations. The horizontal gaze nystagmus test—considered most reliable—is only 77% accurate according to NHTSA’s own research. Walk-and-turn and one-leg-stand tests perform even worse. Medical conditions including inner ear disorders, neurological issues, obesity, and age affect test performance regardless of intoxication. Expert testimony about SFST limitations often proves decisive.
Breath and Blood Test Defenses
Chemical testing forms the core of most DWI prosecutions, but testing equipment and procedures are far from infallible. Breathalyzer machines require regular calibration and maintenance to produce accurate results. Operator certification must be current, and testing protocols must be followed precisely. Documentation gaps create reasonable doubt about result accuracy.
Breath testing faces inherent scientific limitations. Partition ratios—the assumed relationship between breath alcohol and blood alcohol—vary significantly between individuals. Medical conditions including acid reflux, diabetes, and certain diets can produce falsely elevated readings. Mouth alcohol from recent dental work, mouthwash, or even burping can contaminate samples. Our defense team identifies these factors and presents expert testimony challenging test reliability.
Blood testing requires strict chain of custody documentation and proper storage conditions. Samples can ferment if improperly preserved, artificially increasing alcohol content. Laboratory procedures must meet scientific standards, and analysts must be properly qualified. Independent testing of retained samples sometimes reveals significant discrepancies from initial results.
The Houston DWI Legal Process
Understanding the DWI legal process helps defendants navigate their cases effectively and meet critical deadlines. Houston DWI cases proceed through both administrative and criminal systems simultaneously, requiring coordinated attention to protect both driving privileges and criminal records.
Administrative License Revocation (ALR) Hearing
Following any DWI arrest, you have only 15 days to request an ALR hearing to contest automatic license suspension. Missing this deadline waives your right to challenge the suspension, and your license is suspended automatically 40 days after arrest. This administrative proceeding is separate from criminal court and occurs at the Texas Department of Public Safety.
ALR hearings provide valuable discovery opportunities. We subpoena the arresting officer, breath test operator, and relevant documentation. Officer testimony under oath can reveal weaknesses exploitable in criminal proceedings. Even when license suspension isn’t prevented, information gathered at ALR hearings strengthens criminal defense strategies.
Criminal Court Proceedings
Harris County DWI cases are prosecuted in county criminal courts for misdemeanors and district courts for felonies. Initial arraignment occurs shortly after arrest, where formal charges are read and bail conditions set. Pretrial proceedings include discovery, motion practice, and plea negotiations. Cases not resolved through dismissal or plea proceed to trial.
Our felony defense attorneys file strategic motions to suppress illegally obtained evidence, challenge probable cause determinations, and exclude unreliable test results. Successful motions often lead to charge reductions or dismissals. When trials become necessary, we present compelling defenses to Harris County juries who understand that arrests don’t equal convictions.
DWI Penalties in Texas
Texas DWI penalties escalate dramatically with prior convictions and aggravating circumstances. Understanding potential consequences helps defendants make informed decisions about defense strategies and plea negotiations. Beyond statutory penalties, collateral consequences affect employment, insurance, and personal freedom for years after cases conclude.
Criminal Penalties by Offense Level
First offense DWI (Class B misdemeanor) carries 72 hours to 180 days jail, fines up to $2,000, and 90-365 day license suspension. Second offense DWI (Class A misdemeanor) brings 30 days to one year jail, fines up to $4,000, and 180 days to two years license suspension. Third offense DWI (third-degree felony) means 2-10 years prison, fines up to $10,000, and 180 days to two years license suspension.
Enhanced charges increase penalties further. DWI with BAC 0.15% or higher (Class A misdemeanor) carries up to one year jail and $4,000 fines even for first offenders. DWI with child passenger (state jail felony) brings 180 days to two years in state jail and $10,000 fines. Intoxication assault and intoxication manslaughter carry even more severe felony penalties that can result in decades of imprisonment.
Collateral Consequences
DWI convictions create lasting consequences beyond court-imposed sentences. Auto insurance rates increase dramatically—often 200-300% for several years. Employment in transportation, healthcare, education, and government often becomes impossible. Professional licenses may be suspended or revoked. Immigration consequences can include deportation or visa denial for non-citizens.
Ignition interlock devices may be required as a condition of probation or license reinstatement, requiring breath samples before starting vehicles. Annual surcharges from the Texas Driver Responsibility Program historically added thousands of dollars in additional costs, though recent legislation has reduced these fees. The Texas Department of Public Safety maintains conviction records accessible to employers and licensing agencies indefinitely.
Protecting Your Rights After DWI Arrest
What you do immediately following a DWI arrest significantly impacts case outcomes. Understanding your rights and exercising them appropriately preserves defense options and prevents self-incrimination. Equally important is avoiding actions that strengthen the prosecution’s case.
Immediate Steps After Arrest
Remain polite but exercise your right to remain silent beyond providing identification. You are not required to answer questions about where you’ve been, how much you’ve had to drink, or where you’re going. Politely decline to perform field sobriety tests—they are voluntary and primarily generate evidence against you. Request to speak with an attorney before making decisions about chemical testing.
Document everything you remember about the arrest as soon as possible—the reason given for the stop, what tests were administered, what questions were asked, and how you responded. Note the names and badge numbers of officers involved. Photograph any conditions that might have affected field sobriety test performance, such as uneven pavement or poor lighting.
The 15-Day Deadline
Contact a DWI defense attorney immediately—the 15-day deadline to request an ALR hearing cannot be extended. Missing this deadline results in automatic license suspension that cannot be contested. Your temporary driving permit issued at arrest expires 40 days after arrest if no hearing is requested. An experienced attorney files the ALR request and begins building your defense simultaneously.
Why Choose Cory Roth Law Office for DWI Defense
Proven DWI Defense Experience
DWI defense requires specialized knowledge of chemical testing, field sobriety protocols, and constitutional search and seizure law. Attorney Cory Roth brings extensive experience defending Houston residents against DWI charges, from first offenses to complex felony cases. This focused experience translates to effective defense strategies tailored to the specific facts of each case.
Our firm understands Harris County DWI prosecution patterns, which judges hear which cases, and how to effectively negotiate with specific prosecutors. Local knowledge matters—understanding court culture and personnel helps us identify the best approach for each client’s situation.
Comprehensive Defense Approach
We examine every aspect of DWI cases from initial stop through final disposition. Our investigation includes obtaining all video evidence, reviewing testing equipment maintenance and calibration records, examining officer training and certification, and identifying witnesses who may support defense theories. This thorough approach often reveals weaknesses prosecutors overlook.
When appropriate, we retain expert witnesses including toxicologists who challenge chemical test accuracy, former law enforcement officers who critique field sobriety test administration, and accident reconstructionists for cases involving collisions. Expert testimony often proves decisive in close cases or helps negotiate favorable plea agreements.
Client-Centered Representation
Facing DWI charges creates enormous stress. We provide direct attorney access, prompt communication, and clear explanations of legal options at every stage. You’ll understand what’s happening with your case, what decisions need to be made, and the potential consequences of each option. Our goal is informed clients who feel confident about their defense.
Contact Cory Roth Law Office Today
DWI charges threaten your driving privileges, your career, and your freedom. The 15-day deadline to protect your license starts running immediately upon arrest. If you’ve been arrested for DWI anywhere in the Houston area or Harris County, contact Cory Roth Law Office now for experienced legal representation.
Our DWI defense attorneys provide confidential consultations to evaluate your case, explain your options, and develop effective defense strategies. We’ll review the circumstances of your arrest, identify weaknesses in the prosecution’s evidence, and fight to protect your rights throughout the legal process.
Time is critical in DWI cases. Evidence must be preserved, deadlines met, and defense preparation begun immediately. Don’t face these serious charges without experienced legal representation on your side.
Call Cory Roth Law Office today to schedule your confidential consultation. Your defense starts with one phone call.
Beyond prison and fines, felony DWI convictions can lead to loss of firearm rights, voting rights, professional license restrictions, employment challenges, immigration consequences, and mandatory ignition interlock requirements.
It is possible, but not common. The likelihood depends on the facts of the case, prior history, strength of the evidence, and negotiation strategy. An experienced defense attorney can fight for reductions or dismissals.
If a person, while intoxicated, operates a vehicle and causes the death of another by accident or mistake, it is charged as intoxication manslaughter—a second-degree felony carrying 2–20 years in prison.
Intoxication assault occurs when a person, while driving intoxicated, causes serious bodily injury to another. It is charged as a third-degree felony with 2–10 years in prison.
Yes. Driving while intoxicated with a child passenger under 15 is a state jail felony under Texas Penal Code §49.045, even if it’s your first offense.
A third DWI is a third-degree felony punishable by 2–10 years in prison and up to a $10,000 fine, along with license suspension and mandatory ignition interlock.
A DWI can be elevated to a felony if it is your third or subsequent offense, if a child under 15 was in the vehicle, or if the DWI caused serious injury (intoxication assault) or death (intoxication manslaughter).
A skilled defense attorney can challenge the stop, testing procedures, and evidence; fight the ALR suspension; and build strategies to protect your CDL and future employment opportunities.
Almost always. Employers often terminate drivers after a DWI, and insurance carriers may refuse coverage, making it difficult to find new employment.
No. While non-commercial drivers may qualify for an occupational license, CDL holders cannot use one to operate a commercial vehicle during suspension or disqualification.
Yes. Refusal can trigger an ALR suspension and CDL disqualification under Texas and federal law, even before your criminal case is resolved.
A second conviction can result in a lifetime disqualification of your CDL, making it nearly impossible to continue working in commercial driving.
Yes. A first DWI conviction or ALR suspension typically results in a 1-year CDL disqualification, even if you were not driving a commercial vehicle at the time.
Commercial drivers are held to a stricter standard of 0.04 BAC while operating a commercial motor vehicle, compared to 0.08 BAC for non-commercial drivers.
Act quickly: request an ALR hearing within 15 days, avoid making statements about your case, preserve any potential evidence, and contact an experienced DWI defense attorney immediately.
Many judges require ignition interlock devices as a condition of bond or probation in felony DWI cases. The requirement can depend on the judge and your criminal history.
Common defenses include challenging the legality of the stop or arrest, questioning the accuracy of sobriety or chemical tests, disputing intoxication evidence, or contesting proof that the passenger was under 15.
It depends. In some cases, negotiations or legal challenges to the stop, testing, or child’s age evidence may lead to a reduction. However, reductions are not guaranteed.
Often, yes. When a child is present in a DWI case, CPS (through DFPS) may open an investigation. This is separate from your criminal case and can affect custody and visitation rights.
You generally have 15 days from the date you receive notice of suspension to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety.
Yes. Unlike a regular DWI, this charge is automatically a state jail felony under Texas Penal Code §49.045, even for a first-time offense.
Contact an experienced DWI attorney immediately, document everything you remember about the arrest, avoid discussing your case with anyone except your lawyer, and request an ALR hearing within 15 days to protect your driving privileges.
Attorney fees vary based on case complexity, but the cost of experienced legal representation is minimal compared to the potential consequences of conviction, including fines, increased insurance, and lost employment opportunities.
Both terms refer to the operation of a vehicle in a public place while under the influence of alcohol or drugs to the point it impairs a person's faculties. They are often used interchangeably, although the official term under Texas law is DWI.
Recent Texas law changes allow deferred adjudication for first-time DWI offenses under certain circumstances, though it still counts as a prior conviction for enhancement purposes.
DWI with a child passenger under 15 becomes a state jail felony, carrying enhanced penalties including potential state jail time and higher fines.
Yes, charges may be dismissed due to lack of probable cause, improper procedures, insufficient evidence, or constitutional violations. An experienced attorney can identify these defense opportunities.
While jail time isn't always mandatory for first-time offenders, jail time between 3 days and 180 days is possible depending on case circumstances, including BAC level and any aggravating factors.
You must request an ALR hearing within 15 days of your arrest, where you can contest your license suspension. Missing this deadline results in automatic license suspension.
You have the right to refuse, but refusal can lead to an automatic suspension of your driving privileges for up to 180 days for a first offense. Additionally, your refusal can be used as evidence against you in court proceedings.
Texas DWI laws stipulate that anyone operating a motor vehicle in a public place while intoxicated may be charged with DWI. An individual is considered to be intoxicated if they do not have everyday use of their physical or mental faculties due to using alcohol, drugs, or any other substances. Individuals are also considered intoxicated if their blood alcohol concentration is 0.08% or higher.
There is often confusion about the difference between a DWI and a DUI in Texas. Both terms refer to the operation of a vehicle in a public place while under the influence of alcohol or drugs to the point it impairs a person's faculties. They are often used interchangeably, although the official term under Texas law is DWI.
As a result, any person who is 21 or older can be charged with DWI if they operate a vehicle under the influence of drugs or a blood alcohol concentration of 0.08% or above. However, state law also stipulates that anyone under the legal drinking age of 21 who is pulled over and is found to have any alcohol in their system can be charged with “DUI” or “DUIA,” which stands for driving under the influence of alcohol.
If you have been charged with a DUI/DWI, you will need an experienced attorney who understands DWI and DUI law and will help you fight the criminal charges that have been pressed against you.
Blood alcohol content, also called blood alcohol concentration (BAC), measures how much alcohol is in a person's system. The legal BAC limit for Texas legal drinking age drivers is 0.08%, while commercial drivers are only permitted a BAC of 0.04%.
Texas has what is known as a zero-tolerance law when it comes to underage drinking. As a result, the BAC limit for anyone under the legal drinking age of 21 is 0.00%.
Texas law dictates that anyone with a driver's license and operating a motor vehicle on public roads has implied consent to comply with a field sobriety test or a BAC breath test. However, anyone arrested and refusing to submit to a breath or blood test cannot be legally charged with an additional crime.
Anyone who refuses a breath or blood test will have their driver's license suspended for at least 6 months for the first refusal through Texas's Administrative License Revocation (ALR) program. If an individual is arrested on separate DWI charges and again refuses either test, their driver's license will be subject to a two-year suspension.
Refusing a breathalyzer test in Texas comes with significant consequences but can also affect the prosecution's ability to prove you were intoxicated beyond the legal limit. Knowing the implications can help you make an informed decision at the moment of your arrest. Here’s what you should consider:
- Immediate License Suspension: Refusal can lead to an automatic suspension of your driving privileges for up to 180 days for a first offense.
- Use in Court: Your refusal can be presented in court as evidence, possibly being interpreted as an indication of guilt.
- Potential for Harsher Penalties: Some judges view refusal negatively, which might influence sentencing if convicted.
After a DWI arrest, it is always in your best interest to hire a knowledgeable DWI attorney who can provide legal representation to help you stay informed of your rights and fight the charges against you.
Understanding your rights during a DWI arrest in Houston is crucial. Do you know what to say, how to act, or when you have the right to contact an attorney? It’s vital to be informed about your legal rights to ensure they are not violated. The moment you are pulled over, you have the right to remain silent and the right to consult with an attorney before speaking to law enforcement. Knowing these rights can protect you from self-incrimination and ensure fair legal treatment. Here are the key rights you should be aware of:
- Right to Remain Silent: You are not required to answer any questions about where you have been or whether you have consumed alcohol.
- Right to Legal Representation: You can request to speak to an attorney immediately following your arrest and before any formal questioning.
- Right to Refuse Consent for Vehicle Search: Without a warrant, you are entitled to refuse consent for a search of your vehicle.
Familiarizing yourself with these rights is essential for safeguarding your freedom during a DWI stop, ensuring that you can navigate the situation as advantageously as possible.
Your actions immediately following a DWI arrest can significantly impact your case. Should you contact a lawyer right away? What information should you gather from the scene? Here’s a step-by-step guide on how to secure the best possible outcome after being charged with a DWI:
- Stay Calm and Compliant: Keep your interaction with law enforcement respectful and non-confrontational.
- Document the Incident: If possible, make mental notes or write down everything about the stop and arrest once you are able, including the location, time, and behavior of the officer.
- Contact a DWI Attorney: Reach out to a lawyer who specializes in DWI cases immediately to discuss your rights and next steps.
By following these steps, you can help ensure that your rights are protected and that you have the best possible foundation for your defense against DWI charges.
The long-term effects of a DWI conviction can be severe and far-reaching. How does a DWI impact your professional life, personal relationships, and future opportunities? Possible impacts include:
- Employment Challenges: A DWI conviction can hinder job opportunities, especially those involving driving.
- Insurance Increases: Expect significant increases in car insurance rates post-conviction.
- Social Stigma: Facing judgment from peers and community can be challenging and isolating.
Understanding these potential impacts can help individuals grasp the seriousness of DWI charges and the importance of effective legal defense to mitigate long-term consequences.
Texas DWI law carries stiff penalties for individuals convicted of driving while intoxicated. For this reason, if you have been charged with a DWI, you must hire a highly trained criminal defense attorney who can help you protect your driver's license.
The penalties for a Texas DWI include:
- First-time DWI offense: A first-time DWI offense is typically charged as a Class B misdemeanor. Class B misdemeanor conviction will result in the defendant being sentenced to 180 days in jail, a fine of up to $2,000, and their driver's license being suspended for 90 days. Individuals may also be required to complete an alcohol education program. However, if a defendant had a BAC that was 0.15% or higher, the charge may be upgraded to a Class A misdemeanor with a sentence of up to one year in jail and a $4,000 fine.
- Second DWI offense: A second-time DWI conviction resulted in the defendant being sentenced to one year in jail or two years of probation. However, even if the court sentences the defendant to probation, they will still be required to spend a minimum of five days up to 60 days in jail as part of their probationary requirements. A second DWI conviction also results in a driver's license suspension and an annual three-year fine to maintain a valid license. Individuals sometimes must install and pay monthly service fees for an Ignition Interlock Device (IID) in their vehicle.
- Third DWI offense: An individual with two previous DWI convictions can be charged with a third DWI, a third-degree felony in Texas. A third DWI conviction is severe, and if convicted, a defendant could face up to 10 years in prison or a minimum of 10 days in jail if the court grants probation. The defendant will also be ordered to pay a fine of up to $10,000, and their driver's license will be suspended for up to 2 years after being released from confinement. As with a second DWI conviction, the defendant must pay a three-year annual fee to maintain their license and install an IID on their vehicles.
Because of the serious consequences associated with a Texas DWI conviction, it is always best to hire a DWI lawyer who can act as your legal ally. A DWI lawyer like Cory Roth can work with the prosecution to try and negotiate reduced charges or a dismissal of the case entirely.
Other criminal defense lawyers in the Houston area often advise clients to plead guilty to the charges so they can quickly wrap up the case. However, our experienced trial attorney and legal team are client-centered and will fight to ensure you are given quality legal representation.
You must obtain legal representation immediately if you have been arrested on Texas DWI charges. Not only will you be forced to deal with your DWI criminal charges, but you will also have to appear at a civil trial case to try and keep your driver's license.
Some crucial aspects to remember after a DWI arrest include:
- A license suspension does not immediately begin after a DWI arrest.
- Anyone facing DWI charges can request an Administrative License Revocation (ALR) within 15 days of the date of the arrest.
Many believe that when arrested for DWI, the Texas Department of Public Safety immediately suspends their driver's license. Even though the police officer will confiscate your license, they will give you a “Notice of Suspension” that serves as a temporary license for 40 days. After 40 days, you will be subject to a license suspension if you do not request an ALR hearing. However, anyone notified of possible license suspension must request the ALR within 15 days of arrest.
If you put in the ALR request within the time limits, any potential license suspension will be postponed until after the hearing is completed.
It is possible to have DWI charges dismissed in Houston. Charges may be dismissed due to:
- Lack of Probable Cause: If the officer did not have a valid reason to initiate the traffic stop, the charges might be dismissed.
- Improper Procedure: Errors in the administration of field sobriety tests or breathalyzers can lead to dismissal.
- Insufficient Evidence: If the prosecution cannot prove every element of the DWI beyond a reasonable doubt, dismissal is possible.
Understanding these pathways to potentially dismiss a DWI charge can provide crucial insight into the defense strategies that might be available in your case.
Understanding the DWI process in Houston is crucial for anyone facing charges. The journey begins the moment you are pulled over by law enforcement. If an officer suspects you've been drinking, they may ask you to perform field sobriety tests to evaluate your physical and cognitive abilities.
Arrest and Booking: If the officer determines there's probable cause, you will be arrested and taken to the police station for booking. Here, your fingerprints are taken, your photo is snapped, and you're officially charged.
Arraignment: At your first court appearance, or arraignment, you will hear the charges against you and be asked to enter a plea. This is your opportunity to plead guilty, not guilty, or no contest.
Pre-Trial Motions: Leading up to the trial, your attorney might file motions to suppress evidence, arguing that it was illegally obtained, or to dismiss the case if there are procedural errors or violations of your rights.
Administrative License Revocation (ALR) Hearing: If you refuse or fail a breathalyzer test, you may face an administrative license revocation. You must request an ALR hearing within 15 days of your arrest, where you can contest your license suspension. At this hearing, the burden of proof is on the Department of Public Safety to show that the stop and arrest were lawful and the breathalyzer results were valid. This hearing is separate from your criminal trial but is critical as it affects your driving privileges.
Trial: During the trial, both the prosecution and defense have the opportunity to present evidence, call witnesses, and make their case. You can choose to testify on your own behalf, but it is not mandatory.
Sentencing or Acquittal: If convicted, the sentencing phase will follow where the court will determine your penalties, which could range from fines and license suspension to jail time, depending on various factors including any prior offenses. If acquitted, you will be released from all charges, although administrative penalties such as license suspension might still apply.
At the Administrative License Revocation (ALR) civil hearing, the State of Texas must prove that your DWI arrest warrants a license suspension. In most instances, the state will present a sworn affidavit from the police officer who arrested you that provides details of the DWI charge.
Be that as it may, you have the right to subpoena the arresting officer and require them to attend the ALR hearing and testify. Requiring the officer to testify allows your DWI lawyer to draw out critical elements of the officer's story regarding the DWI stop and subsequent arrest. Your DWI attorney can gain a greater insight into the officer's testimony and help prepare for your defense.
The State will usually try to prove its case in one of two ways:
- That you refused to submit to the test
- Your BAC was at 0.08% or above.
One of the most considerable advantages to having an experienced DWI lawyer with you during the ALR hearing is that they can listen to the testimony given by the police officer. That state must prove that probable cause existed to stop your vehicle. If your criminal defense lawyer can prove that reasonable suspicion did not exist, the court will exclude any evidence obtained during the traffic stop. Excluded evidence will also include your refusal to take the breath test.
If you did consent to the breath test, which registered at 0.08% or above, the state must still demonstrate that the arresting officer had probable cause to stop the DWI traffic. However, BAC test results can often be challenged, such as when it is determined the test was administered incorrectly or too much time had passed before it was given.
You should never try to act as your own legal counsel at an ALR hearing. The state has skilled attorneys who will present their side of the case to advocate that your license should be suspended. For this reason, you must have a knowledgeable DWI defense lawyer to represent you at the ALR hearing. Your DWI attorney will work to protect your legal rights and, most importantly, to try and prevent your license from being suspended.
Time is of the essence when it comes to ALR hearings. Contact the Cory Roth Law Office of Houston, TX, immediately to schedule a meeting with our DWI defense lawyer.
Many myths surround DWI laws in Texas. Clarifying these misconceptions can help prevent costly mistakes before and after a DWI arrest. Common misconceptions include:
- Misconception: A DWI is only alcohol-related. DWIs can also involve impairment due to drugs, including prescription medications.
- Misconception: You can't be convicted if you refuse a breathalyzer. You can still be convicted based on other evidence of impairment, such as officer observations or field sobriety tests.
Dispelling these common myths is crucial for understanding the real risks and legal implications of DWI charges and ensuring that your rights are not compromised based on misinformation.
Choosing the right attorney is pivotal in dealing with DWI charges effectively. What should you look for in a DWI attorney, and why is it important to choose someone with specific experience in Houston's legal landscape? Tips and criteria for selecting the best DWI defense lawyer include:
- Experience and Focus: Look for an attorney who specializes in DWI cases rather than a general practice lawyer.
- Track Record: Consider their success rate in handling DWI cases similar to yours.
- Client Reviews: Check online reviews and testimonials to gauge past client satisfaction.
Armed with this knowledge, you can select a DWI attorney who not only understands the complexities of DWI law but also aligns with your specific needs for robust and effective legal representation.
The Cory Roth Law Office approaches DWI defenses with a focus on personalized legal strategies. Our approach includes:
- Detailed Investigation: We review police reports, breathalyzer results, and witness statements for any inconsistencies or violations of your rights.
- Aggressive Negotiation: We negotiate with prosecutors to reduce or dismiss charges based on the evidence or lack thereof.
- Trial Readiness: If a trial is necessary, we are prepared to defend your rights vigorously in court.
Leveraging these strategies, the Cory Roth Law Office is committed to providing robust defense services tailored to the unique circumstances of each DWI case we handle.
DWI defendants often plead guilty just to “get it over with” so they can continue their lives. However, one of the biggest mistakes anyone charged with DWI or DUI can make is to plead guilty.
However, the Cory Roth Law Office knows that law enforcement officers and prosecutors do not always get it right and often are overzealous to charge individuals with DWI in the name of public safety. However, upon examination, a DWI lawyer can often find significant legal issues, starting with whether or not the officer had probable cause to pull the person over or whether the state had enough evidence to file charges.
Furthermore, a DWI or DUI conviction will remain on a person's record for life unless the court grants an expungement. However, a DWI is only eligible for expungement within 30 days of the case being dismissed, acquitted, pardoned, or successfully appealed.
If you have a DWI or DUI case, please schedule a meeting with a law firm member to learn more about how our experienced trial attorney and legal team can fight to help you defend your license, freedom, and standing in the community.
Contact the Cory Roth Law Office at 832-819-5290 and ask to schedule a consultation with our highly skilled DWI lawyer.