Houston Multiple DWI Attorney

Facing Charges for a Second, Third or Subsequent DWI in TX? We Defend You!

If you have a previous drunk driving conviction on your record, you could face enhanced penalties including jail time, thousands of dollars in fines, community service, mandatory attendance at a Victim Impact Panel, the installation of an Ignition Interlock Device (IID) and more. It is very important that you take immediate action to protect your legal rights if you are facing another DWI charge.

Your Houston multiple DWI lawyer should take the time to investigate every aspect of your case, including which field sobriety tests the arresting officer(s) took, whether the officer(s) had a reason to pull you over in the first place (probable cause) and any other aspect of your case that is important to your defense. With the help of an experienced Houston multiple DWI attorney, you could be able to greatly enhance your chances of receiving a reduced sentence or even a dismissed case when possible - of course, it is always the ultimate goal to achieve a case dismissal.

Facing multiple DWI charges? Protect your future with an experienced defense attorney. Contact us at (713) 364-9913 for a free consultation today!

Texas Penalties for a Third or Subsequent DWI

If you are charged with a 3rd DWI and you are convicted, you could face the following penalties:

• Up to 10 years in prison
• Up to $10,000 in fines
• Felony charge
• Required Victim Impact Panel attendance
• DWI education classes
• Ignition Interlock Device (IID) requirement

In addition to the above penalties, you could even be barred from establishments serving alcoholic drinks or alcohol.

Potential Defenses to Multiple DWI Charges

There are several defense strategies that a Houston multiple DWI attorney may use to challenge the charges against you. Common defenses to DWI charges include:

• Improper Stop or Arrest: If law enforcement did not have reasonable suspicion to stop your vehicle or probable cause to arrest you, the charges against you may be dismissed.
• Inaccurate Field Sobriety Tests: Field sobriety tests are subjective and can be influenced by various factors, including medical conditions or environmental factors. A Houston multiple DWI lawyer can argue that the results of these tests were inaccurate.
• Improperly Administered Breathalyzer or Blood Test: If law enforcement officers did not follow proper protocols when administering breathalyzer or blood tests, the results may be inadmissible in court.
• Rising Blood Alcohol Content (BAC): It is possible that your BAC was below the legal limit at the time of driving, but rose above the limit during the time it took for you to be tested. A skilled attorney can argue this defense if applicable to your case.
• Lack of Evidence: In some cases, the prosecution may not have enough evidence to prove beyond a reasonable doubt that you were intoxicated or impaired. If the evidence is weak, a Houston multiple DWI lawyer can seek to have the charges reduced or dismissed.

Consequences of a Multiple DWI Conviction

The consequences of a multiple DWI conviction can extend far beyond fines, jail time, and a license suspension. A conviction can have long-lasting effects on your personal and professional life. Some of the additional consequences of multiple DWI offenses include:

• Increased Insurance Rates: A DWI conviction can cause your car insurance premiums to rise significantly, making it more expensive to maintain coverage.
• Employment Issues: A conviction can impact your job, especially if your job requires you to drive. You may also face difficulty finding employment in the future due to the criminal record.
• Social Stigma: A DWI conviction can affect your reputation and relationships, and may impact your ability to participate in certain social activities or volunteer opportunities.

Steps to Take If Charged with Multiple DWIs

If you are facing multiple DWI charges in Texas, it’s important to take immediate action to protect your rights and your future. The first step is to contact a skilled Houston multiple DWI attorney. An experienced lawyer will review your case, advise you on the best course of action, and begin building a defense strategy.

Additionally, it’s important to refrain from discussing your case with law enforcement or others without legal counsel. Anything you say can be used against you in court, so it’s essential to have legal representation at every stage of the process.

License Suspension & Reinstatement After Multiple DWIs

If you are convicted of multiple DWIs in Texas, your driver’s license will likely be suspended for a significant period. The length of the suspension depends on the number of prior offenses and other factors.

How Long Your License Can Be Suspended

• Second DWI: License suspension of up to 2 years
• Third or Subsequent DWI: License suspension of up to 2 years
• Refusing a Breath or Blood Test: Automatic suspension under the Texas Implied Consent Law (up to 180 days for first refusal, 2 years for multiple refusals)

Steps to Get Your Driving Privileges Reinstated

• Complete the suspension period as ordered by the court
• Pay all reinstatement fees to the Texas Department of Public Safety (DPS)
• Install an Ignition Interlock Device (IID) if required
• Provide proof of completion of DWI education or treatment programs
• Obtain and maintain SR-22 insurance for a designated period

The process can be complex, so consulting a DWI defense attorney can help navigate reinstatement effectively.

The Difference Between Misdemeanor & Felony DWI Charges

The severity of a DWI charge depends on the circumstances of your arrest and your prior record.

• When a DWI Becomes a Felony in Texas

A first and second DWI are usually misdemeanors, but certain factors can escalate a DWI to a felony, including:

• Third or Subsequent DWI: Automatically charged as a third-degree felony
  • DWI with a Child Passenger (Under 15): Considered a state jail felony
  • DWI Causing Injury or Death: Known as Intoxication Assault or Intoxication Manslaughter, both felony offenses
• Penalties for Felony vs. Misdemeanor DWI
  • Misdemeanor DWI: Fines up to $4,000, jail time up to 1 year, and license suspension
  • Felony DWI: Prison sentence up to 10 years, fines up to $10,000, and long-term license suspension
• How a Felony DWI Impacts Your Future
  • Loss of voting rights and firearm ownership
  • Difficulty securing employment and housing
  • Possible mandatory alcohol treatment programs

DWI and Professional Licenses

If you hold a professional license, multiple DWI convictions can put your career at risk.

• How Multiple DWIs Affect Your Professional License
  Many licensing boards review criminal records, and a DWI conviction can lead to:
  • Suspension or revocation of a professional license
  • Disciplinary action or mandatory reporting to a licensing board
  • Difficulty obtaining or renewing a license in the future
• Professions at Higher Risk
  • Medical professionals (doctors, nurses, pharmacists)
  • Lawyers and accountants
  • Commercial drivers (CDL holders)
  • Teachers and educators
• Steps to Protect Your Career
  • Report the offense to your licensing board (if required)
  • Seek legal representation to mitigate penalties
  • Complete rehabilitation programs to show responsibility
  • Apply for a restricted license if needed for work

If you are a licensed professional facing multiple DWI charges, speaking with an experienced DWI defense attorney is critical to protecting your career.

Frequently Asked Questions (FAQ)

Can I be arrested for a DWI even if I wasn’t driving?

• Yes, in Texas, you can be charged with DWI if you were in “actual physical control” of a vehicle, even if you weren’t actively driving. This could include situations where you were sitting in the driver’s seat with the keys in the ignition.

What happens if I refuse a breathalyzer or blood test?

• Refusing a chemical test can lead to an automatic license suspension under Texas’ Implied Consent Law. However, a refusal does not guarantee you won’t be charged with DWI, as prosecutors can use other evidence against you.

Can I get a DWI expunged from my record in Texas?

• Most DWI convictions cannot be expunged. However, if your case was dismissed or you were acquitted, you may be eligible for an expunction or non-disclosure to seal your record.

Does a DWI affect my ability to travel internationally?

• Yes, some countries, such as Canada, may deny entry to individuals with a DWI conviction. You may need to apply for special permission or a waiver to enter certain countries.

How soon should I hire a lawyer after a DWI arrest?

• It’s best to hire a lawyer immediately after your arrest. A DWI defense attorney can help you request an ALR hearing to contest your license suspension and begin building your defense strategy.

Will my car insurance rates go up after a DWI?

• Yes, most insurance companies will increase your premiums significantly after a DWI conviction. You may also be required to carry SR-22 insurance, which is more expensive than standard coverage.

Can a DWI affect child custody cases?

• Yes, a DWI conviction, especially multiple offenses, can be used as evidence in family court to question your ability to care for a child. This can impact custody and visitation rights.

Contact a Houston Multiple DWI Lawyer Today!

You can see how important it is that you speak with a Houston multiple DWI attorney as soon as you are aware of a second DWI, third DWI, or subsequent DWI charge in Texas. Your future depends upon the outcome of this criminal case and you owe it to yourself to have the best possible protection.