Houston DWI Defense Lawyer

Providing High-Quality Criminal Defense to Those Arrested for Drunk Driving

If you are facing charges for driving while intoxicated in Houston, it is crucial to have a knowledgeable and experienced DWI defense attorney on your side. You will need an experienced DWI lawyer who can protect your rights, driver’s license, and freedom. DWI charges can haunt you for the rest of your life, resulting in a criminal record, especially if the DWI case results in a felony charge.

At the Cory Roth Law Office, we understand the serious consequences that come with a DWI conviction, including fines, license suspension, and even jail time. Hiring a knowledgeable DWI lawyer to thoroughly evaluate your case and look for weaknesses in the state’s case is in your best interests. Our team is dedicated to providing aggressive defense strategies to protect your rights and fight for the best possible outcome in your case. Contact us today at 832-400-4133 to schedule a consultation and learn how we can help you.

What is Driving While Intoxicated (DWI) in Houston?

Texas DWI laws stipulate that anyone operating a motor vehicle in a public place while intoxicated may be charged with DWI. An individual is considered to be intoxicated if they do not have everyday use of their physical or mental faculties due to using alcohol, drugs, or any other substances. Individuals are also considered intoxicated if their blood alcohol concentration is 0.08% or higher.

There is often confusion about the difference between a DWI and a DUI in Texas. Both terms refer to the operation of a vehicle in a public place while under the influence of alcohol or drugs to the point it impairs a person’s faculties. They are often used interchangeably, although the official term under Texas law is DWI.

As a result, any person who is 21 or older can be charged with DWI if they operate a vehicle under the influence of drugs or a blood alcohol concentration of 0.08% or above. However, state law also stipulates that anyone under the legal drinking age of 21 who is pulled over and is found to have any alcohol in their system can be charged with “DUI” or “DUIA,” which stands for driving under the influence of alcohol.

If you have been charged with a DUI/DWI, you will need an experienced attorney who understands DWI and DUI law and will help you fight the criminal charges that have been pressed against you.

What is Blood Alcohol Content?

Blood alcohol content, also called blood alcohol concentration (BAC), measures how much alcohol is in a person’s system. The legal BAC limit for Texas legal drinking age drivers is 0.08%, while commercial drivers are only permitted a BAC of 0.04%.

Texas has what is known as a zero-tolerance law when it comes to underage drinking. As a result, the BAC limit for anyone under the legal drinking age of 21 is 0.00%.

Understanding Alcohol Absorption and Its Effects on BAC

Understanding how alcohol is absorbed into the bloodstream and its effects on your body is crucial when facing DWI charges. Alcohol absorption can vary based on several factors, including the rate of consumption, the alcohol content of beverages, your body weight, metabolism, and whether you’ve eaten. It’s essential to realize that BAC can continue to rise even after you’ve stopped drinking as alcohol moves from your stomach to your bloodstream. Highlighting these factors can help individuals better understand their limits and avoid situations where they might inadvertently exceed the legal BAC limit.

• Rate of Consumption: Drinking quickly can spike BAC levels fast as the body doesn’t have adequate time to metabolize the alcohol.
• Type of Alcohol: Higher alcohol content in beverages can lead to a higher BAC.
• Physical Factors: Body weight and metabolism play significant roles in how alcohol is processed. Smaller people tend to feel the effects of alcohol more quickly, and individual metabolic rates can speed up or slow down this process.

These concepts are essential if you are consuming alcohol, especially when planning to drive, as it empowers you to make safer choices by understanding the physical effects and legal consequences of exceeding the BAC limits.

What Happens if I Refuse a Blood Alcohol Test?

Texas law dictates that anyone with a driver’s license and operating a motor vehicle on public roads has implied consent to comply with a field sobriety test or a BAC breath test. However, anyone arrested and refusing to submit to a breath or blood test cannot be legally charged with an additional crime.

Anyone who refuses a breath or blood test will have their driver’s license suspended for at least 6 months for the first refusal through Texas’s Administrative License Revocation (ALR) program. If an individual is arrested on separate DWI charges and again refuses either test, their driver’s license will be subject to a two-year suspension.

Refusing a breathalyzer test in Texas comes with significant consequences but can also affect the prosecution’s ability to prove you were intoxicated beyond the legal limit. Knowing the implications can help you make an informed decision at the moment of your arrest. Here’s what you should consider:

• Immediate License Suspension: Refusal can lead to an automatic suspension of your driving privileges for up to 180 days for a first offense.
• Use in Court: Your refusal can be presented in court as evidence, possibly being interpreted as an indication of guilt.
• Potential for Harsher Penalties: Some judges view refusal negatively, which might influence sentencing if convicted.

After a DWI arrest, it is always in your best interest to hire a knowledgeable DWI attorney who can provide legal representation to help you stay informed of your rights and fight the charges against you.

What Are Your Rights When Arrested for a DWI in Houston?

Understanding your rights during a DWI arrest in Houston is crucial. Do you know what to say, how to act, or when you have the right to contact an attorney? It’s vital to be informed about your legal rights to ensure they are not violated. The moment you are pulled over, you have the right to remain silent and the right to consult with an attorney before speaking to law enforcement. Knowing these rights can protect you from self-incrimination and ensure fair legal treatment. Here are the key rights you should be aware of:

• Right to Remain Silent: You are not required to answer any questions about where you have been or whether you have consumed alcohol.
• Right to Legal Representation: You can request to speak to an attorney immediately following your arrest and before any formal questioning.
• Right to Refuse Consent for Vehicle Search: Without a warrant, you are entitled to refuse consent for a search of your vehicle.

Familiarizing yourself with these rights is essential for safeguarding your freedom during a DWI stop, ensuring that you can navigate the situation as advantageously as possible.

Role of Field Sobriety Tests in DWI Arrests

Field sobriety tests are designed to assess a person’s balance, coordination, and the ability to perform tasks, giving the officer preliminary evidence of impairment. Understanding these tests can help you comprehend how officers evaluate impairment and prepare for defense strategies. These tests typically include the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand tests. Each test has specific criteria officers look for, but they also leave room for subjective interpretation and potential errors.

• Horizontal Gaze Nystagmus: Evaluates the eye’s ability to track movement smoothly.
• Walk-and-Turn: Assesses the ability to listen and follow instructions while performing physical movements.
• One-Leg Stand: Tests balance and coordination.

By familiarizing yourself with the details and potential inaccuracies of these tests, you can better prepare to defend against DWI charges should you disagree with the results during an arrest scenario.

What Should You Do Immediately After a DWI Arrest in Houston?

Your actions immediately following a DWI arrest can significantly impact your case. Should you contact a lawyer right away? What information should you gather from the scene? Here’s a step-by-step guide on how to secure the best possible outcome after being charged with a DWI:

1. Stay Calm and Compliant: Keep your interaction with law enforcement respectful and non-confrontational.
2. Document the Incident: If possible, make mental notes or write down everything about the stop and arrest once you are able, including the location, time, and behavior of the officer.
3. Contact a DWI Attorney: Reach out to a lawyer who specializes in DWI cases immediately to discuss your rights and next steps.

By following these steps, you can help ensure that your rights are protected and that you have the best possible foundation for your defense against DWI charges.

What Impact Does a DWI Have on Your Future?

The long-term effects of a DWI conviction can be severe and far-reaching. How does a DWI impact your professional life, personal relationships, and future opportunities? Possible impacts include:

• Employment Challenges: A DWI conviction can hinder job opportunities, especially those involving driving.
• Insurance Increases: Expect significant increases in car insurance rates post-conviction.
• Social Stigma: Facing judgment from peers and community can be challenging and isolating.

Understanding these potential impacts can help individuals grasp the seriousness of DWI charges and the importance of effective legal defense to mitigate long-term consequences.

What Are the Penalties Associated With a DWI Conviction?

Texas DWI law carries stiff penalties for individuals convicted of driving while intoxicated. For this reason, if you have been charged with a DWI, you must hire a highly trained criminal defense attorney who can help you protect your driver’s license.

The penalties for a Texas DWI include:

• First-time DWI offense: A first-time DWI offense is typically charged as a Class B misdemeanor. Class B misdemeanor conviction will result in the defendant being sentenced to 180 days in jail, a fine of up to $2,000, and their driver’s license being suspended for 90 days. Individuals may also be required to complete an alcohol education program. However, if a defendant had a BAC that was 0.15% or higher, the charge may be upgraded to a Class A misdemeanor with a sentence of up to one year in jail and a $4,000 fine.
• Second DWI offense: A second-time DWI conviction resulted in the defendant being sentenced to one year in jail or two years of probation. However, even if the court sentences the defendant to probation, they will still be required to spend a minimum of five days up to 60 days in jail as part of their probationary requirements. A second DWI conviction also results in a driver’s license suspension and an annual three-year fine to maintain a valid license. Individuals sometimes must install and pay monthly service fees for an Ignition Interlock Device (IID) in their vehicle.
• Third DWI offense: An individual with two previous DWI convictions can be charged with a third DWI, a third-degree felony in Texas. A third DWI conviction is severe, and if convicted, a defendant could face up to 10 years in prison or a minimum of 10 days in jail if the court grants probation. The defendant will also be ordered to pay a fine of up to $10,000, and their driver’s license will be suspended for up to 2 years after being released from confinement. As with a second DWI conviction, the defendant must pay a three-year annual fee to maintain their license and install an IID on their vehicles.

Because of the serious consequences associated with a Texas DWI conviction, it is always best to hire a DWI lawyer who can act as your legal ally. A DWI lawyer like Cory Roth can work with the prosecution to try and negotiate reduced charges or a dismissal of the case entirely.

Other criminal defense lawyers in the Houston area often advise clients to plead guilty to the charges so they can quickly wrap up the case. However, our experienced trial attorney and legal team are client-centered and will fight to ensure you are given quality legal representation.

Effects of DWI on Driving Privileges and Employment

A DWI conviction can lead to immediate administrative penalties such as license suspension, which can profoundly impact your ability to commute, maintain employment, and fulfill personal obligations. For many, especially those whose jobs require driving, this can result in job loss or significant changes in employment conditions. Discussing these potential outcomes emphasizes the importance of effective legal representation to challenge any charges and mitigate penalties.

• Commercial Drivers: The stakes are even higher for commercial drivers, where a DWI conviction can mean the end of a career.
• Professional Licenses: Certain professions may require disclosures of any convictions, which could affect professional licensing and certifications.

These potential repercussions underscore the need for strategic legal defense to preserve your livelihood and ability to drive.

Is There a Way to Keep My License After Being Arrested on a DWI Charge?

You must obtain legal representation immediately if you have been arrested on Texas DWI charges. Not only will you be forced to deal with your DWI criminal charges, but you will also have to appear at a civil trial case to try and keep your driver’s license.

Some crucial aspects to remember after a DWI arrest include:

• A license suspension does not immediately begin after a DWI arrest.
• Anyone facing DWI charges can request an Administrative License Revocation (ALR) within 15 days of the date of the arrest.

Many believe that when arrested for DWI, the Texas Department of Public Safety immediately suspends their driver’s license. Even though the police officer will confiscate your license, they will give you a “Notice of Suspension” that serves as a temporary license for 40 days. After 40 days, you will be subject to a license suspension if you do not request an ALR hearing. However, anyone notified of possible license suspension must request the ALR within 15 days of arrest.

If you put in the ALR request within the time limits, any potential license suspension will be postponed until after the hearing is completed.

Can DWI Charges Be Completely Dismissed in Houston?

It is possible to have DWI charges dismissed in Houston. Charges may be dismissed due to:

• Lack of Probable Cause: If the officer did not have a valid reason to initiate the traffic stop, the charges might be dismissed.
• Improper Procedure: Errors in the administration of field sobriety tests or breathalyzers can lead to dismissal.
• Insufficient Evidence: If the prosecution cannot prove every element of the DWI beyond a reasonable doubt, dismissal is possible.

Understanding these pathways to potentially dismiss a DWI charge can provide crucial insight into the defense strategies that might be available in your case.

What Is the DWI Process in Houston?

Understanding the DWI process in Houston is crucial for anyone facing charges. The journey begins the moment you are pulled over by law enforcement. If an officer suspects you’ve been drinking, they may ask you to perform field sobriety tests to evaluate your physical and cognitive abilities.

Arrest and Booking: If the officer determines there’s probable cause, you will be arrested and taken to the police station for booking. Here, your fingerprints are taken, your photo is snapped, and you’re officially charged.

Arraignment: At your first court appearance, or arraignment, you will hear the charges against you and be asked to enter a plea. This is your opportunity to plead guilty, not guilty, or no contest.

Pre-Trial Motions: Leading up to the trial, your attorney might file motions to suppress evidence, arguing that it was illegally obtained, or to dismiss the case if there are procedural errors or violations of your rights.
Administrative License Revocation (ALR) Hearing: If you refuse or fail a breathalyzer test, you may face an administrative license revocation. You must request an ALR hearing within 15 days of your arrest, where you can contest your license suspension. At this hearing, the burden of proof is on the Department of Public Safety to show that the stop and arrest were lawful and the breathalyzer results were valid. This hearing is separate from your criminal trial but is critical as it affects your driving privileges.

Trial: During the trial, both the prosecution and defense have the opportunity to present evidence, call witnesses, and make their case. You can choose to testify on your own behalf, but it is not mandatory.

Sentencing or Acquittal: If convicted, the sentencing phase will follow where the court will determine your penalties, which could range from fines and license suspension to jail time, depending on various factors including any prior offenses. If acquitted, you will be released from all charges, although administrative penalties such as license suspension might still apply.

What Happens at the Administrative License Revocation (ALR) Hearing?

At the Administrative License Revocation (ALR) civil hearing, the State of Texas must prove that your DWI arrest warrants a license suspension. In most instances, the state will present a sworn affidavit from the police officer who arrested you that provides details of the DWI charge.

Be that as it may, you have the right to subpoena the arresting officer and require them to attend the ALR hearing and testify. Requiring the officer to testify allows your DWI lawyer to draw out critical elements of the officer’s story regarding the DWI stop and subsequent arrest. Your DWI attorney can gain a greater insight into the officer’s testimony and help prepare for your defense.

The State will usually try to prove its case in one of two ways:

• That you refused to submit to the test
• Your BAC was at 0.08% or above.

One of the most considerable advantages to having an experienced DWI lawyer with you during the ALR hearing is that they can listen to the testimony given by the police officer. That state must prove that probable cause existed to stop your vehicle. If your criminal defense lawyer can prove that reasonable suspicion did not exist, the court will exclude any evidence obtained during the traffic stop. Excluded evidence will also include your refusal to take the breath test.

If you did consent to the breath test, which registered at 0.08% or above, the state must still demonstrate that the arresting officer had probable cause to stop the DWI traffic. However, BAC test results can often be challenged, such as when it is determined the test was administered incorrectly or too much time had passed before it was given.

You should never try to act as your own legal counsel at an ALR hearing. The state has skilled attorneys who will present their side of the case to advocate that your license should be suspended. For this reason, you must have a knowledgeable DWI defense lawyer to represent you at the ALR hearing. Your DWI attorney will work to protect your legal rights and, most importantly, to try and prevent your license from being suspended.

Time is of the essence when it comes to ALR hearings. Contact the Cory Roth Law Office of Houston, TX, immediately to schedule a meeting with our DWI defense lawyer.

What Are Common Misconceptions About DWI Laws in Texas?

Many myths surround DWI laws in Texas. Clarifying these misconceptions can help prevent costly mistakes before and after a DWI arrest. Common misconceptions include:

• Misconception: A DWI is only alcohol-related. DWIs can also involve impairment due to drugs, including prescription medications.
• Misconception: You can’t be convicted if you refuse a breathalyzer. You can still be convicted based on other evidence of impairment, such as officer observations or field sobriety tests.

Dispelling these common myths is crucial for understanding the real risks and legal implications of DWI charges and ensuring that your rights are not compromised based on misinformation.

Preventative Measures to Avoid DWI Charges

Avoiding DWI charges begins with understanding and responsibility. Here are preventive strategies to help:

• Use Ride-Sharing Services: Apps like Uber and Lyft provide convenient alternatives to driving under the influence. Always plan your transportation before drinking.
• Personal Breathalyzers: Carrying a personal breathalyzer can help individuals assess their BAC before deciding to drive.

• Understand Your Limits: Knowing how alcohol affects your body and recognizing when you’ve had enough can prevent poor decision-making. Tools like BAC calculators can provide a rough estimate of your blood alcohol content based on your alcohol intake, weight, and gender.
• Legal Consequences: Educating yourself and others about the severe legal repercussions of a DWI can serve as a strong deterrent. This includes potential jail time, significant fines, and long-term effects on your driving record and insurance rates.

To avoid the risks associated with DWI charges, it’s advisable to adopt preventive measures that can ensure safety and compliance with the law. By taking these preventive steps, you can significantly reduce the risk of being charged with a DWI.

How to Choose the Right DWI Attorney in Houston?

Choosing the right attorney is pivotal in dealing with DWI charges effectively. What should you look for in a DWI attorney, and why is it important to choose someone with specific experience in Houston’s legal landscape? Tips and criteria for selecting the best DWI defense lawyer include:

• Experience and Focus: Look for an attorney who specializes in DWI cases rather than a general practice lawyer.
• Track Record: Consider their success rate in handling DWI cases similar to yours.
• Client Reviews: Check online reviews and testimonials to gauge past client satisfaction.

Armed with this knowledge, you can select a DWI attorney who not only understands the complexities of DWI law but also aligns with your specific needs for robust and effective legal representation.

How Does the Cory Roth Law Office Handle DWI Defense?

The Cory Roth Law Office approaches DWI defenses with a focus on personalized legal strategies. Our approach includes:

• Detailed Investigation: We review police reports, breathalyzer results, and witness statements for any inconsistencies or violations of your rights.
• Aggressive Negotiation: We negotiate with prosecutors to reduce or dismiss charges based on the evidence or lack thereof.
• Trial Readiness: If a trial is necessary, we are prepared to defend your rights vigorously in court.

Leveraging these strategies, the Cory Roth Law Office is committed to providing robust defense services tailored to the unique circumstances of each DWI case we handle.

Focus on Legal Strategies for DWI Defense

In defending against DWI charges, the approach taken can significantly influence the outcome. Here are some common strategies that might be employed:

• Challenging the Traffic Stop: Arguing that the initial stop was not based on reasonable suspicion can undermine the prosecution’s case.
• Questioning Field Sobriety and Breathalyzer Tests: Demonstrating that these tests were improperly administered or that the devices were not calibrated could cast doubt on the evidence.
• Procedural Defenses: Identifying mistakes in how the evidence was handled or procedural missteps can lead to suppression of evidence or even dismissal of charges.

Additionally, negotiation plays a key role. Your attorney might negotiate with the prosecution to reduce the charges, perhaps to a lesser offense like reckless driving, which carries lighter penalties. In some cases, especially where the evidence is weak, your lawyer might be able to secure a dismissal of the charges.

Why is it Important to Hire a Criminal Defense Lawyer to Help Me With My DWI Case?

DWI defendants often plead guilty just to “get it over with” so they can continue their lives. However, one of the biggest mistakes anyone charged with DWI or DUI can make is to plead guilty.

However, the Cory Roth Law Office knows that law enforcement officers and prosecutors do not always get it right and often are overzealous to charge individuals with DWI in the name of public safety. However, upon examination, a DWI lawyer can often find significant legal issues, starting with whether or not the officer had probable cause to pull the person over or whether the state had enough evidence to file charges.

Furthermore, a DWI or DUI conviction will remain on a person’s record for life unless the court grants an expungement. However, a DWI is only eligible for expungement within 30 days of the case being dismissed, acquitted, pardoned, or successfully appealed.

If you have a DWI or DUI case, please schedule a meeting with a law firm member to learn more about how our experienced trial attorney and legal team can fight to help you defend your license, freedom, and standing in the community.

Contact the Cory Roth Law Office at 832-400-4133 and ask to schedule a consultation with our highly skilled DWI lawyer.