Houston DWI Attorney

Defending Those Who Are Facing DWI Charges in Texas

Driving while intoxicated (DWI) is a criminal offense that involves a driver operating a motor vehicle while “intoxicated.” This may mean that the driver has a blood alcohol concentration of .08% or greater or that the driver’s mental or physical abilities are impaired due to alcohol consumption or drug use. 

DWI may also involve enhanced charges and penalties if the driver is involved in an auto accident, causing injury or death. 

Having an aggressive DWI lawyer in Houston at your side can significantly impact the outcome of your DWI case. 

For example, even in situations where a driver has failed a breath or blood test or field sobriety tests, there are defense strategies that an experienced DWI lawyer can use to weaken the prosecution’s evidence in Houston, Texas. A breath test may be administered improperly by law enforcement personnel. The arresting officer may have failed to give proper instructions for a field sobriety test. 

Do I Need a Lawyer for a DWI in Texas?

Hiring a lawyer for a DWI in Texas is typically in your best interest. DWI cases can be complex and challenging to defend, mainly if aggravating circumstances apply.

By discovering these errors and exposing them to the court, it is possible for our Houston DWI lawyer at Guy L. Womack & Associates, P.C. to motion to have specific evidence suppressed.

Have you been arrested for a DWI in Houston, Texas? Call Guy L. Womack & Associates, P.C. today at (713) 364-9913 or contact us online to schedule a free consultation with our DWI lawyer.

Texas Drunk Driving Laws

According to the Texas Department of Transportation, about every 20 minutes in Texas, someone is either injured or killed in a collision involving alcohol. 

In Texas and across the nation, someone is legally intoxicated and may be arrested for driving while intoxicated (DWI) when their blood alcohol concentration (BAC) registers .08% or higher; however, a person is considered intoxicated if they are impaired by alcohol or drugs regardless of their blood alcohol concentration.

Understanding the Consequences of a DWI in Texas

Being charged with a DWI in Texas can have serious consequences, both legally and personally. Understanding the potential penalties and repercussions of a DWI conviction is crucial in order to make informed decisions about your defense strategy.

Some of the consequences of a DWI in Texas may include:

• Driver's license suspension or revocation
• Heavy fines and court costs
• Mandatory participation in alcohol education programs
• Possible jail time
• Increased insurance premiums
• Criminal record that can impact future employment opportunities

Our experienced DWI lawyer at Guy L. Womack & Associates, P.C. can help you navigate the complex legal system and work towards minimizing the impact of a DWI charge on your life. today for a free consultation to discuss your case and explore your defense options.

What are the Penalties for a DWI in Texas?

The penalties for a DWI in Texas are as follows:

First DWI in Texas

• A maximum fine of $2,000
• From 3 days to 180 days in jail
• Up to one year driver's license suspension
• An annual fee of $1,000 or $2,000 for 3 years to retain your driver's license

2nd Offense DWI in Texas

• Up to $4,000 fine
• From one month to two years in jail
• Loss of driver's license for up to two years
• Annual fee assessment of $1,000, $1,500 or $2,000 for three years to retain your driver's license

3rd Offense DWI in Texas

On a third offense, a fine of $10,000 is assessed, and other penalties include from two to ten years in prison, the loss of a driver's license for up to two years, and an annual fee of $1,000, $1,500, or $2,000 for three years to retain one's driver's license. Additionally, anyone who has two or more DWI convictions within five years are required to install an ignition switch that prevents their vehicle from operating when they have alcohol in their system.

DWI with Child Passenger Penalties in Texas

You can also be charged with child endangerment if you are caught driving while intoxicated with a child under the age of 15 in your vehicle. DWI with a child passenger may be punished by: a maximum $10,000 fine, up to two years in a state jail, and the loss of your driver's license for 180 days.

How to Defend Against DWI Charges

Defending against DWI charges in Texas can be complex. The penalties for DWI in Texas can be severe, so it's essential to consider various defense strategies. Some common defenses against DWI charges may include:

• Lack of Probable Cause: Argue that law enforcement lacked probable cause to stop your vehicle or make an arrest. If the police didn't have a valid reason to pull you over, any evidence obtained thereafter may be inadmissible.
• Field Sobriety Tests: Challenge the results of field sobriety tests. These tests are subjective and can be affected by various factors. An experienced attorney may question the reliability and accuracy of these tests.
• Breath and Blood Tests: Contest the accuracy of breathalyzer or blood test results. Breathalyzer machines can produce false readings due to various factors like medical conditions, improper calibration, or operator error. Blood tests can also have issues with the chain of custody and handling.
• Rising Blood Alcohol Content: Argue that your BAC was under the legal limit at the time of driving but rose above the limit by the time you were tested. This can occur if you consumed alcohol shortly before or while driving.
• Medical Conditions: If you have a medical condition that could affect your performance on field sobriety tests or BAC readings, we may use this as a defense.
• Miranda Rights Violation: If law enforcement fails to read you your Miranda rights when you are in custody and being questioned, we may argue that any statements made during questioning should be inadmissible.
• Improper Police Procedure: Challenge the legality of the arrest process. If the police did not obey proper procedures during the stop, arrest, or testing, it could provide a basis for a defense.
• Inaccurate Documentation: If there are inconsistencies or errors in the police report, this can be used to challenge the evidence presented against you.
• Witness Testimonies: If there were witnesses who could provide an alternative account of the events leading up to your arrest, their testimonies could be valuable in your defense.
• Plea Negotiation: In some instances, it may be in your best interest to negotiate a plea deal with the prosecutor to potentially reduce the charges or penalties.

What Can a DWI Be Reduced to in Texas?

A DWI can be reduced to a lesser charge in Texas in several ways, including:

Reckless driving: A misdemeanor that can result in a fine of up to $200, 30 days in jail, or both
Obstruction of a highway: A misdemeanor that can reduce a felony DWI charge
Public intoxication: A possible alternative to a reckless driving charge
Fair plea deal: Negotiated based on the defendant's lack of criminal record
Pretrial motion: To remove illegally obtained BAC evidence
Deferred adjudication: For underage DUI
Case dismissal: For lack of evidence

It's crucial to consult with our DWI defense attorney in Houston, who can assess your specific situation and recommend the best defense strategy for your case. 

Contact Our DWI Lawyer in Houston Today!

Guy L. Womack & Associates, P.C. is based in Houston and takes on DWI cases throughout Texas. Drunk driving is a common offense but may have serious consequences, including driver’s license suspension or revocation, imprisonment, fines, and much more. 

By applying particular knowledge of Texas DWI law and utilizing legal experience in your favor, the Houston DWI lawyers at Guy L. Womack & Associates, P.C. can work to defend you against a conviction and harsh penalties, including those for felony DWI charges, multiple DWI charges, and underage DWI. 

You do not have to lose your license and face imprisonment simply because you have been arrested and charged with drunk driving.