Houston DWI Lawyer
Houston DWI Lawyer

Facing a DWI charge in Houston can have grave repercussions on your life, affecting everything from your driving privileges to your employment opportunities. At LaVine Law Firm, our Houston DWI lawyer is dedicated to providing robust defense strategies for those accused of driving while intoxicated. We know the complexities of DWI laws in Texas and how stressful these charges can be. Our approach is thorough and tailored, focusing on minimizing the effects of these charges on your life and future.

We are committed to going through the legal process with comprehensive representation to achieve the best possible outcome. With a deep familiarity with the law and a commitment to defending your rights, our Houston DWI lawyer is your advocate in challenging the charges against you. We are here to help lessen the burden of this stressful situation by offering knowledgeable guidance and strong defense tactics. Learn more about what DWI charges in Texas entail, and contact us to schedule a free case consultation. 

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For an Initial Consultation! Call us Today!
713-965-7305

Our Houston DWI Lawyer Knows the Serious Penalties for a DWI Conviction

The consequences of a DWI conviction in Texas are severe and can extend far beyond the courtroom. Penalties can include hefty fines, suspension of driving privileges, and even jail time, depending on the severity of the offense and any previous convictions. Our Houston DWI lawyer is acutely aware of what's at stake and uses this knowledge to defend your case aggressively.

In our defense strategy, we scrutinize every detail from the moment of your arrest to the procedures followed by law enforcement. We ensure that your rights are respected throughout the process and challenge any aspect of the case where there may have been lapses. We aim to mitigate or avoid the penalties associated with a DWI conviction.

Definition of DWI in Texas

In Texas, a person is legally considered driving while intoxicated (DWI) if they are operating a motor vehicle in a public place while intoxicated by alcohol or drugs. Intoxication is defined as not having the normal use of mental or physical faculties because 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 having an alcohol concentration of 0.08 percent or more.

Probable Cause for Pulling Someone Over

Law enforcement must have probable cause to stop a vehicle. This could include observing traffic violations, erratic driving patterns, or other indicators of impaired driving. Our firm challenges the validity of the stop if probable cause is insufficient, which can be a critical element in your defense.

Legal BAC Limits

In Texas, the legal limit for blood alcohol concentration (BAC) is 0.08% for drivers 21 and over. For commercial drivers, the limit is 0.04%, and for those under 21, any detectable amount of alcohol can lead to a DWI charge. We often challenge the accuracy of BAC testing methods in court.

Common Field Sobriety Tests

  • Horizontal Gaze Nystagmus (HGN) Test: This involves following an object with the eyes to determine characteristic eye movement reaction.
  • Walk-and-Turn Test: This test assesses the ability to perform tasks requiring attention, balance, and coordination.
  • One-Leg Stand Test: This test measures balance, attention, and other factors while the suspect stands on one leg.
  • Portable Breath Test: Often used before an arrest to measure alcohol concentration, the results from this preliminary test can be contested.
  • Recitation of the Alphabet: Designed to assess cognitive impairment, the efficacy and administration of this test can be questioned.

Consequences of a DWI Conviction

A DWI conviction in Houston can lead to major legal consequences, including license suspension, fines, and incarceration. The severity of these penalties typically increases with any prior DWI convictions or if the incident involved aggravating factors such as an accident or injuries.

In addition to legal penalties, a DWI conviction can have long-lasting effects on your personal and professional life, including difficulties in securing employment, higher insurance rates, and social stigma. Our firm works diligently to protect your future from these potential outcomes.

Common Defenses Against DWI Charges

Common Defenses Against DWI Charges

Our firm employs several strategic defenses to contest DWI charges based on the circumstances of each case.

Challenging BAC Test Accuracy

We often challenge the accuracy of the BAC tests used in your case, questioning the calibration and maintenance of the testing device and the conditions under which the test was administered. If the tests were not properly administered, then the results might not be reliable. 

Questioning the Legality of the Traffic Stop

We scrutinized the reason for the initial traffic stop to ensure it was legally justified. If the stop was without probable cause, the evidence gathered during the stop can potentially be suppressed. If we can get the evidence thrown out, we might be able to get your case dismissed.

Presenting Alternative Explanations for BAC Levels

We explore other factors that could have influenced your BAC level, such as medical conditions or the timing of alcohol consumption relative to the time of driving. We will look at your medical history and the circumstances of your case to see if there might be an alternative explanation for a high BAC level.

What You Should Do If Facing DWI Charges

  1. Remain calm: Stay as calm as possible and avoid hastily making any statements or decisions.
  2. Do not admit guilt: Avoid discussing the incident or admitting guilt, as anything you say can be used against you in court.
  3. Contact an Attorney: Consult a qualified Houston DWI lawyer to discuss your case and next steps.
  4. Document everything: Record details about your arrest, including the time, location, and conduct of law enforcement officials.
  5. Request a hearing: You may have the right to a hearing to challenge your license suspension. Ensure you request this promptly.
  6. Follow legal advice: Adhere to the advice of your DWI lawyer to defend your case effectively.
  7. Prepare for legal proceedings: Work with your attorney to gather evidence, line up potential witnesses, and prepare for court appearances.

Should You Take a Plea Bargain?

Should You Take a Plea Bargain?

Deciding whether to accept a plea bargain is a big decision that should not be made without understanding all the implications. While a plea bargain can sometimes offer a more predictable outcome and potentially lighter penalties, it also means conceding to a conviction with lasting consequences.

Potential for Reduced Charges

Accepting a plea deal may result in reduced charges, which can mean less severe penalties and a shorter impact on your life compared to the consequences of a full-trial conviction. We will review all available options and advocate for your best interests.

Avoiding the Most Serious Penalties

A plea bargain might allow you to avoid the heftiest penalties for a DWI conviction, such as lengthy jail terms or heavy fines. We might be able to avoid a license suspension, which can help you move forward with your life more quickly.

Alternative Sentencing Could Be Available

In some cases, plea bargains allow for alternative sentencing options such as probation, community service, or attendance at alcohol education classes, which can be preferable to jail time. We may get your charges reduced or dismissed in exchange for an educational class you would complete. 

better call Brian
For an Initial Consultation! Call Us Today!
713-965-7305

What About a Case Dismissal?

Achieving a case dismissal is the best possible outcome and is dependent on the strength of the prosecution's case against you. Our legal team will aggressively pursue any opportunity to have the charges dismissed based on insufficient evidence, procedural errors, or violations of your legal rights.

FAQs

What is the legal BAC limit for a DWI in Texas?

The legal BAC limit in Texas is 0.08% for drivers aged 21 and over, 0.04% for commercial drivers, and 0.00% for drivers under 21.

What defenses are available for DWI charges?

Defenses include challenging the accuracy of BAC tests, questioning the legality of the traffic stop, and presenting alternative explanations for BAC levels.

What penalties could I face for a DWI conviction in Houston?

Penalties include fines, license suspension, jail time, and mandatory alcohol education programs.

Contact Us for a Free Case Consultation With Our Houston DWI Lawyer

If you are facing DWI charges, do not hesitate to contact LaVine Law Firm for support. These charges are always prosecuted vigorously in Texas, and you do not want to leave anything to chance. We have strong relationships and a mountain of resources that we can use to provide you with the strongest possible defense. Call us today to schedule your free consultation. 

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