This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
Getting arrested for a DWI can be one of the most stressful moments in your life. A DWI charge can affect your driver’s license, job, and even your future opportunities. In Texas, driving while intoxicated is taken very seriously, and a conviction can lead to fines, jail time, and a criminal record that follows you for years.
LaVine Law Firm understands how frightening and confusing this situation can be. Our Houston DWI lawyer and team of experienced attorneys have extensive knowledge of Texas law and the criminal justice system.
Our law firm helps you fight back with strong legal strategies and personalized defense plans. We handle every case with care, working to protect your rights, challenge the evidence, and seek a favorable outcome for you and your family.
Under Texas Penal Code § 49.04, a person commits a DWI when they operate a motor vehicle in public while intoxicated. “Intoxicated” means having a blood alcohol concentration (BAC) of 0.08% or higher, or not having normal control of mental or physical faculties due to alcohol or drugs.
A DWI offense is treated differently depending on your BAC, any prior DWI convictions, and whether anyone was injured. A DWI lawyer in Houston can review your DWI case carefully and help build a defense strategy that fits your situation.
In Texas, several related offenses are often connected to DWI charges, and they can lead to even harsher penalties. Understanding the difference between these charges is very important when building a strong defense.
Each offense carries its own classification, penalties, and long-term effects on your criminal record and driver’s license.
These DWI offenses are taken seriously under Texas law, and prosecutors will often pursue maximum penalties. Working with a Houston DWI lawyer early can help you understand your rights, review the evidence, and fight for a favorable outcome in your DWI case.
A DWI conviction can bring serious criminal charges, ranging from misdemeanors to felonies, depending on prior offenses or whether injuries occurred. Each DWI offense increases the penalties you could face, including longer license suspensions, higher fines, and possible jail time.
A Houston DWI lawyer can explain what penalties apply in your case and work toward reducing them.
A first DWI offense in Texas is usually treated as a Class B misdemeanor, but it becomes a Class A misdemeanor if your BAC is 0.15 or higher.
Penalties include:
Even for a first-time offense, the consequences can be serious and affect your driver’s license and future opportunities. A Houston DWI defense lawyer can review your DWI case, check for police errors, and build a defense strategy that may help you avoid harsh punishment or a criminal record.
A second DWI offense is charged as a Class A misdemeanor and carries tougher penalties and longer license suspensions.
Penalties include:
With prior DWI convictions, the criminal justice system imposes more severe punishment, including community service and extended probation. Working with experienced attorneys from a reputable law firm gives you a better chance at protecting your rights and reducing the long-term impact on your life.
A third or subsequent DWI is considered a third-degree felony, making it one of the most serious DWI charges under Texas law.
Penalties include:
A felony DWI can lead to prison, higher fines, and lifelong consequences, such as losing certain job opportunities and facing strict parole terms. A skilled Houston DWI attorney can work toward a favorable outcome and guide you through the entire process with professionalism and care.
A DWI with a child passenger is classified as a state jail felony if a child under 15 is in the vehicle under § 49.045.
Penalties include:
This offense is taken very seriously because it involves public safety and potential child endangerment. Having an aggressive Houston DWI lawyer who understands how to handle these criminal charges can help protect your rights and your family’s future.
When a DWI results in serious injury or death, the charges become much more severe.
These crimes can lead to decades in prison and lifelong consequences. A DWI defense lawyer can carefully review evidence, question test results, and challenge the prosecution’s case to pursue a favorable outcome or possible case dismissal under Texas law.
After a DWI arrest, the Texas Department of Public Safety (DPS) can suspend your driver’s license through an Administrative License Revocation (ALR) process. This is separate from the criminal case. The ALR hearing determines if you can keep your driving privileges.
Having a DWI lawyer in Houston represent you at this hearing can make a major difference in your ability to drive while your case is pending.
The Administrative License Revocation (ALR) process is a separate civil procedure handled by the Texas Department of Public Safety (DPS). It focuses only on your driver’s license and is independent of your criminal court case. The ALR hearing determines whether your license should be suspended for refusing or failing a breath or blood test after your DWI arrest.
Your Houston DWI lawyer can request the hearing on your behalf and attend it for you. During the hearing, your attorney can challenge the arresting officer’s actions, question the accuracy of the chemical tests, and highlight any procedural errors. This step is very important because it can prevent your license from being suspended while your DWI case continues.
Having a DWI defense lawyer represent you during the ALR process can protect your driving privileges and strengthen your overall defense strategy.
After a DWI arrest, you only have 15 days to request an ALR hearing. If you miss this deadline, your driver’s license will be automatically suspended, even before your criminal case begins. The suspension period depends on your response to testing:
Your Houston DWI attorney can act quickly to request this hearing, ensuring that your driving rights are protected. Missing this step can make the situation worse, especially if you rely on your vehicle for work or family needs.
The ALR process can be confusing, but an experienced DWI lawyer in Houston understands how to handle these deadlines, gather important evidence, and fight for your ability to drive legally while your case moves forward.
Law enforcement must follow strict procedures during a DWI arrest. When officers make mistakes, it can weaken the prosecution’s case. A Houston DWI defense lawyer will investigate every part of your arrest to find errors that may lead to a case dismissal.
An unlawful traffic stop happens when an officer pulls someone over without reasonable suspicion or probable cause. Under Texas law, police must have a valid reason, such as swerving, speeding, or another traffic violation, before stopping a driver. If the stop was not justified, any evidence gathered during that time may be thrown out in court.
A Houston DWI lawyer can review the police report, dashcam footage, and witness statements to determine whether the officer had a legal reason to stop you. If your rights were violated, your criminal defense attorney can file motions to suppress the evidence, which could lead to your DWI charge being reduced or even dismissed.
Skilled criminal defense lawyers know how to expose procedural mistakes that weaken the prosecution’s case.
Field sobriety tests are often used during DWI stops, but they are not always reliable. These tests can be influenced by uneven ground, poor weather, or even the driver’s medical condition. Many people fail these tests not because they are drunk, but because of nerves or misunderstanding the officer’s instructions.
An experienced criminal defense attorney understands that these tests are subjective and open to officer error. Your Houston DWI lawyer can question how the test was conducted and whether the officer followed standard procedures. When handled correctly, challenging these tests can help create reasonable doubt and improve your chances for a favorable outcome in court.
Breath and blood tests are key parts of most DWI cases, but they are not always accurate. Machines can malfunction, tests can be mishandled, and results can be affected by medical conditions or improper calibration. Even slight errors in testing procedures can lead to false readings and wrongful DWI convictions.
Your Houston DWI lawyer will carefully review how the tests were conducted, stored, and analyzed. A skilled criminal defense attorney can identify any mistakes in the chain of custody or lab procedures. With the help of expert witnesses, experienced criminal defense lawyers can challenge the reliability of this evidence and push for a case dismissal or reduced penalties.
A strong defense strategy can protect your rights and possibly result in reduced penalties. Skilled Houston DWI lawyers know how to look for inconsistencies, errors, or constitutional violations that can strengthen your defense.
An illegal stop or arrest happens when law enforcement officers pull you over or detain you without proper cause. Under Texas law, police must have a clear reason, such as erratic driving or a traffic violation, before making contact. If they fail to meet this standard, your Houston DWI lawyer can argue that your rights were violated and seek to have the evidence thrown out.
Houston DWI attorneys who focus on legal specialization in DWI defense understand how to review dashcam videos, police reports, and officer testimony for inconsistencies. With strong legal representation, your attorney can protect your constitutional rights and possibly lead to your charges being reduced or dismissed.
The Rising BAC defense argues that your blood alcohol concentration was below the legal limit while driving, but rose afterward. Alcohol takes time to enter the bloodstream, meaning your level could have increased between the time of driving and the time of testing. This defense can be powerful when the evidence shows no signs of impaired driving.
Certain medical conditions or prescription drugs can mimic signs of intoxication, such as slurred speech, unsteady movement, or red eyes. Conditions like diabetes, hypoglycemia, or even acid reflux can affect breath test results and cause false positives. An experienced Houston DWI lawyer understands how these issues can lead to wrongful DWI charges.
Faulty testing or chain of custody errors are common issues in DWI cases. If evidence like blood or breath samples is mishandled, mislabeled, or stored improperly, it may no longer be valid in court. The Houston DWI lawyer team at LaVine Law Firm knows how to identify and expose these mistakes.
A violation of rights can occur at any point during a DWI arrest, from the initial stop to the final testing process. Common violations include failing to read Miranda rights, denying access to an attorney, or conducting illegal searches. When this happens, your Houston DWI lawyer can move to have key evidence excluded.
Some DWI cases carry enhanced penalties depending on your BAC, prior DWI convictions, or other circumstances. These enhancements increase the severity of your criminal charges and can affect your sentence.
A BAC of 0.15% or more upgrades the charge to a Class A misdemeanor, which can double fines and require an Ignition Interlock Device.
Previous DWI convictions increase both jail time and fines. Repeat offenders face longer suspensions and stricter probation terms.
Having an open alcohol container in the car adds extra penalties under Texas Penal Code § 49.031.
Causing harm or death can lead to Intoxication Assault or Intoxication Manslaughter charges -- both serious felonies under Texas law.
A DWI conviction affects more than your record; it can harm your employment, professional license, and car insurance rates. Some careers, such as commercial driving or nursing, may be directly impacted by a DWI conviction.
Employers may hesitate to hire someone with a criminal record, and certain professional boards may suspend or revoke your license.
A DWI often results in higher car insurance premiums and may lead to coverage cancellation.
If this is your first offense, there may be opportunities to reduce penalties or avoid a conviction altogether. Harris County offers pretrial diversion and deferred adjudication programs that can help first-time offenders get a second chance.
These programs allow eligible offenders to complete education, treatment, and community service instead of serving jail time. Successful completion can result in a case dismissed and eligibility for record sealing.
Since 2019, Texas law has allowed first-time offenders to seek deferred adjudication under § 42A.102, which can prevent a formal criminal conviction.
After meeting certain conditions, your record can be sealed under Texas Government Code § 411.0731, keeping it hidden from most employers and background checks.
The Houston DWI lawyer's cost depends on the case, the lawyer’s experience, and the court requirements. Always ask for a full breakdown of fees during your consultation to understand all the details.
Yes. A criminal law firm in Houston, Texas, can handle both DWI and DUI defense cases, offering skilled representation and guiding you through the complex court system.
The best DWI lawyer is someone with proven experience, a history of not guilty verdicts, and deep knowledge of Texas DWI law. LaVine Law Firm offers the experience and dedication you need.
Yes. A DWI is a criminal offense under Texas law. A conviction can affect your criminal record, professional licenses, and even child custody matters.
Absolutely. A skilled DWI specialist often works with forensic experts, including members of the American Chemical Society, to challenge flawed breath or blood test evidence.
If you were injured in another’s drunk driving accident, the case may involve both criminal and civil claims. A lawyer can help protect your rights and pursue fair compensation.
After your court date, your attorney will review all the details of your case, discuss defense strategies, and represent you in every step of the DWI law process for the best outcome.
If you are facing a Houston DWI case, you do not have to go through the legal process alone. LaVine Law Firm takes every case seriously and gives each client the personal attention they deserve. We understand that serious criminal matters like DWI charges can impact every part of your life -- your job, family, and future opportunities.
From the initial consultation, we focus on building a trusted attorney-client relationship based on honesty and clear communication. Our legal team carefully reviews the evidence, explains your options, and develops the best strategy for your defense. We will guide you through each step of your case with professionalism and compassion.
Contact us today for a free confidential consultation to discuss your case and learn how we can protect your rights. Let our experience and dedication help you pursue the best possible outcome for your Houston DWI case.
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