Houston DWI Lawyer

It’s late at night in Houston. The neon lights of downtown bars and restaurants blur as you make your way home after a night out with friends. Suddenly, red and blue lights flash in your rearview mirror.

Your heart races as you pull over, knowing you’ve had a few drinks. As the officer approaches your window, panic sets in. What happens next could change the course of your life.

If you’re facing a DWI charge in Houston, you’re not alone. Each year, thousands of Houstonians find themselves in this exact situation. You may worry about losing your license, your job, or even your freedom. The legal system can seem confusing and intimidating, especially when you’re dealing with the aftermath of an arrest.

But there’s hope. With the right legal representation, you can navigate this challenging time and work towards the best possible outcome for your case.

At Benavides Law Group, we understand what you’re going through. Experienced DWI defense lawyer Eric Benavides has helped countless clients just like you overcome DWI charges and move forward with their lives.

GET A FREE CONSULTATION

The Benavides Law Group Difference

At Benavides Law Group, we understand that facing DWI charges in Houston can be one of the most stressful experiences of your life. That’s why we’re committed to providing compassionate, personalized legal representation to every client. When you work with us, you’re not just another case number – you’re a valued individual deserving of respect and vigorous defense.

Our approach combines thorough case preparation, innovative defense strategies, and a deep understanding of Texas DWI laws. We stay current with the latest legal developments and scientific advancements in DWI detection and testing, ensuring we can provide the most effective defense possible.

While we can’t guarantee specific outcomes, we can promise to fight tirelessly for your rights and pursue the best possible resolution for your situation. Whether that means negotiating a favorable plea deal or taking your case to trial, we’re prepared to advocate for you every step of the way.

Understanding DWI Charges in Houston

In Texas, Driving While Intoxicated (DWI) is a serious offense. Under Texas Penal Code Section 49.04, a person commits DWI if they operate a motor vehicle in a public place while intoxicated.

Intoxication is defined as:

• Having a blood alcohol concentration (BAC) of 0.08% or higher.
• Not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances.

It’s important to note that you can be charged with DWI even if your BAC is below 0.08% if the officer believes you’re impaired. Additionally, Texas has a zero-tolerance policy for drivers under 21, meaning any detectable amount of alcohol can result in charges.

Is there a distinction between DUI and DWI in Texas?

In Texas, there is no legal distinction between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated). Unlike some other states that use these terms to differentiate between alcohol and drug-related offenses or to distinguish between offenses committed by minors versus adults, Texas law primarily uses the term DWI for all such offenses.

Consequences of a DWI Conviction in Houston

The penalties for a DWI conviction in Houston can be severe and long-lasting. They may include:

• Fines: Up to $2,000 for a first offense, increasing with subsequent offenses
• Jail time: 3 to 180 days for a first offense, potentially years for repeat offenses
• License suspension: 90 days to 2 years, depending on the circumstances
• Mandatory installation of an ignition interlock device
• DWI education or intervention programs
• Probation and community service
• Increased insurance rates
• A permanent criminal record that can affect employment, housing, and more

Beyond these legal penalties, a DWI conviction can have far-reaching personal and professional consequences. It can strain relationships, limit career opportunities, and create ongoing financial burdens.

Can Police Arrest You for Being Under the Influence of Substances Besides Alcohol?

Yes, in Texas, you can absolutely be arrested for being under the influence of substances other than alcohol while driving. Let me elaborate on this.

Under Texas Penal Code Section 49.01, “intoxicated” means: a) Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or b) Having an alcohol concentration of 0.08 or more.

This definition covers a wide range of substances, including:

• Alcohol
• Illegal drugs (e.g., cocaine, heroin, methamphetamine)
• Prescription medications
• Over-the-counter medications
• Any other substance that can impair driving ability

Unlike alcohol, where there’s a specific legal limit (0.08 BAC), there’s no established legal limit for other substances. The prosecution only needs to prove that the substance impaired your ability to drive.

If an officer suspects you’re under the influence of drugs, they may request a blood test. Unlike with alcohol, you cannot opt for a breath test for drugs. Even if you have a valid prescription, you can still be charged with DWI if the medication impairs your driving ability.

The penalties for a drug-related DWI are generally the same as those for an alcohol-related DWI. Drivers must understand that even legal substances, if they impair driving ability, can lead to a DWI arrest and potentially severe consequences.

What Typically Happens at a Texas Traffic Stop for Suspected DWI?

A Texas traffic stop for a suspected DWI typically follows a specific sequence of events. Here’s a detailed breakdown of what usually happens:

Initial Stop

The officer must have reasonable suspicion to pull you over. This could be for a traffic violation, erratic driving, or equipment issues. The officer will approach your vehicle and ask for your license and registration.

Initial Observations

The officer will look for signs of intoxication such as:

• Slurred speech
• Bloodshot eyes
• Smell of alcohol
• Open containers in the vehicle

They may ask where you’re coming from and if you’ve been drinking.

Field Sobriety Tests (FSTs)

If the officer suspects intoxication, they may ask you to perform FSTs.

Common tests include:

• Horizontal Gaze Nystagmus (HGN): Following an object with your eyes
• Walk-and-Turn: Walking heel-to-toe in a straight line
• One-Leg Stand: Balancing on one foot

It is important to remember that you have the right to refuse these tests. They are voluntary. Valid reasons to refuse a field sobriety test include physical limitations or medical conditions that could affect performance, such as balance issues, injuries, or neurological disorders.

Additionally, environmental factors like uneven terrain, poor lighting, or inclement weather could make these tests unreliable, potentially leading to false indicators of impairment even for sober individuals.

Preliminary Breath Test (PBT)

The officer may ask you to blow into a handheld Breathalyzer. This test is also voluntary and the results are not admissible in court but can be used to establish probable cause for arrest.

Arrest

If the officer believes they have probable cause, they will place you under arrest for DWI. You will be read your Miranda rights.

Chemical Testing

After arrest, you’ll be asked to submit to a chemical test (breath or blood). Texas has an “implied consent” law, meaning refusal can result in license suspension. For breath tests, you’ll be taken to a station to use a more accurate Breathalyzer. For blood tests, you may be taken to a hospital or clinic. If you refuse, the officer may seek a warrant for a blood draw.

Booking

You’ll be taken to jail for booking, which includes fingerprinting and photographs. You may be held until you’re sober or until your bond is posted.

Administrative License Revocation (ALR)

Your license may be confiscated, and you’ll be given a temporary driving permit. You have 15 days to request an ALR hearing to contest the license suspension.

Key Points to Remember

• You have the right to remain silent. You only need to provide your license, registration, and insurance information.
• Field Sobriety Tests and the roadside Breathalyzer are voluntary.
• After arrest, refusing a chemical test can result in automatic license suspension.
• You have the right to request an attorney, but this doesn’t apply to the decision to take or refuse a chemical test.

Understanding these steps can help individuals make informed decisions if they find themselves in a DWI-stop situation. However, the best course of action is always to avoid driving after consuming alcohol or any impairing substances.

Why You Need an Experienced Houston DWI Defense Attorney

When facing DWI charges in Houston, having a knowledgeable and skilled defense attorney is crucial. Here’s how a lawyer can be a valuable advocate:

• Understanding of Texas DWI Laws: DWI laws in Texas are complex and constantly evolving. An experienced attorney stays up-to-date with the latest legal developments and knows how to apply them to your case.
• Familiarity with Local Courts: A Houston-based attorney understands the local court system, prosecutors, and judges. This insider knowledge can be invaluable in navigating your case.
• Thorough Case Analysis: A skilled attorney will carefully review all evidence, including police reports, breathalyzer results, and video footage, to identify potential weaknesses in the prosecution’s case.
• Protection of Your Rights: From the moment you hire an attorney, they can ensure your constitutional rights are protected throughout the legal process.
• Negotiation Skills: In many cases, a favorable plea deal can be negotiated, potentially reducing charges or penalties.
• Trial Experience: If your case goes to trial, you need an attorney with courtroom experience who can effectively present your defense to a jury.
• Mitigation of Consequences: Even if conviction is unavoidable, an attorney can work to minimize the impact on your life, such as advocating for alternative sentencing options.

The DWI Defense Process in Houston

When you work with Benavides Law Group for your Houston DWI case, here’s what you can expect:

• Free Initial Consultation: We’ll discuss the details of your case, explain your rights, and outline potential defense strategies.
• Immediate Action: We’ll quickly file the necessary paperwork, including a request for an Administrative License Revocation (ALR) hearing to protect your driving privileges.
• Evidence Gathering: We’ll obtain and analyze all relevant evidence, including police reports, witness statements, and any chemical test results.
• Case Strategy Development: Based on the evidence and circumstances of your case, we’ll develop a tailored defense strategy.
• Negotiation with Prosecutors: When appropriate, we’ll engage in plea negotiations to potentially reduce charges or penalties.
• Court Representation: We’ll represent you at all court appearances, ensuring your rights are protected throughout the process.
• Trial Preparation and Representation: If your case goes to trial, we’ll meticulously prepare and vigorously defend you in court.

Common DWI Defense Strategies in Houston

Every DWI case is unique, but some common defense strategies we may employ include:

• Challenging the Traffic Stop: If the officer didn’t have reasonable suspicion to pull you over, evidence from the stop may be inadmissible.
• Questioning Field Sobriety Tests: These tests are often subjective and can be affected by various factors unrelated to intoxication.
• Contesting Breathalyzer Results: Breathalyzer machines can be inaccurate if not properly calibrated or administered.
• Examining Blood Test Procedures: We’ll scrutinize the chain of custody and testing procedures for any blood samples.
• Exploring Medical Conditions: Certain medical conditions can mimic signs of intoxication or affect chemical test results.
• Investigating Officer Conduct: We’ll examine whether proper procedures were followed during your arrest and booking.
• Rising BAC Defense: Your BAC at the time of testing may have been higher than when you were actually driving.

Are DWI or DUI checkpoints legal in Texas?

No, DWI or DUI checkpoints are not legal in Texas. This is an important distinction that sets Texas apart from many other states. Let me provide some more context on this.

• Texas law: The Texas Court of Criminal Appeals ruled in 1994 that DWI checkpoints violate the Texas Constitution. This decision was based on the interpretation that such checkpoints constitute unreasonable seizures and searches.
• Federal vs. State law: While the U.S. Supreme Court has ruled that sobriety checkpoints are constitutional under federal law, individual states have the authority to provide greater constitutional protection to their citizens. Texas has chosen to do so in this case.

The Texas court’s decision was based on the lack of explicit statutory authorization for such checkpoints. The court held that the legislature, not law enforcement, should decide whether to permit this practice.

Instead of checkpoints, Texas law enforcement agencies rely on other methods to combat drunk driving, such as:

• Increased patrols during high-risk times (like holidays)
• Public education campaigns
• Targeted enforcement based on observed driving behavior

While not checkpoints, some jurisdictions in Texas implement “No-Refusal” periods, typically during holidays or other high-risk times. During these periods, it’s easier for police to obtain search warrants for blood samples if a driver refuses a breath test.

Drivers should be aware that while Texas doesn’t allow DWI checkpoints, they are legal in some neighboring states like New Mexico and Louisiana. Our state’s prohibition on DWI checkpoints doesn’t mean that Texas is lax on drunk driving enforcement.

Instead, it reflects a different approach to balancing public safety concerns with constitutional protections against unreasonable searches and seizures.

For drivers in Texas, this means that any traffic stop leading to a DWI arrest must be based on specific, articulable suspicion of a traffic violation or other offense. This can be an important factor in DWI defense strategies, as the legality of the initial stop can be scrutinized more closely than in states where checkpoints are permitted.

Frequently Asked Questions About Houston DWI Cases

Should I refuse a breathalyzer test if pulled over?

This is a complex question. While you have the right to refuse, doing so can result in automatic license suspension and may be used against you in court. It’s best to consult with an attorney as soon as possible after an arrest.

Can I get my DWI charge reduced to a lesser offense?

In some cases, it may be possible to negotiate a reduction to a less serious charge, such as reckless driving. This depends on the specifics of your case and the evidence against you.

Will I lose my license after a DWI arrest in Houston?

Not necessarily. You have 15 days from the date of arrest to request an ALR hearing to contest the license suspension. An attorney can help you with this process.

How long will a DWI stay on my record?

In Texas, a DWI conviction typically remains on your criminal record permanently unless you qualify for and complete an order of nondisclosure.

Can I drive for work with a suspended license?

You may be able to obtain an occupational license that allows limited driving for work, school, or essential household duties.

Take Action Now to Protect Your Future. Call Benavides Law Group

If you’ve been arrested for DWI in Houston, time is of the essence. The sooner you contact an experienced DWI defense attorney, the better your chances of a favorable outcome. Remember, you have only 15 days from the date of your arrest to request an ALR hearing to protect your driving privileges.

Don’t let a DWI arrest derail your life. Contact Benavides Law Group today for a free, confidential consultation. We’ll review the details of your case, explain your options, and help you take the first steps toward protecting your rights and your future.

Call our criminal defense attorney in Houston now at (713) 222-2828 for your free consultation or fill out our online form. Our team is available 24/7 to take your call and start building your defense. Don’t face this challenging time alone – let us put our experience and dedication to work for you.

Our Office Location

2180 North Loop,
West Suite 310
Houston, TX 77018