Hire an Experienced Houston DWI Defense Lawyer
Today, the stakes are much higher in drunk driving cases than they were in the past. In addition to the consequences you face in criminal court (see Texas DWI penalties), you also face the suspension of your driver's license by the Texas Department of Public Safety (DPS), along with substantial financial penalties.
I'm R. Todd Bennett, a Houston criminal defense lawyer. If you have been charged with Driving While Intoxicated (DWI) or any alcohol-related charge in Texas, I will defend you both in your criminal case and in your driver's license suspension hearing with the DPS. You only have 15 days to request a suspension hearing with the DPS, so it's important to contact a criminal lawyer as soon as possible after your arrest.
Defenses in Drunk Driving Cases
If you have been charged with driving while intoxicated (DWI), intoxicated assault, intoxicated manslaughter or any other alcohol-related offense, think long and hard before you give up without a fight and plead guilty. All people are presumed innocent, and the prosecutor has the burden of proving the accused guilty beyond a reasonable doubt.
To convict you of driving while intoxicated (DWI), the prosecutor must show that you operated a motor vehicle in a public place while intoxicated. Setting aside the legal issues for a moment, often the factual issue in dispute is whether you were actually intoxicated as defined by the law at the time you were driving.
Under Texas law, “intoxicated” is defined as having lost the normal use of your mental or physical faculties by reason of the introduction of alcohol or a drug into your body, or that you had a BAC of .08 or more from a blood or breath test. To sustain a conviction for driving while intoxicated, the prosecutor has the burden of proving this beyond a reasonable doubt.
Just because a police officer has the opinion that you were intoxicated does not necessarily make it so. Just because a Breathalyzer test shows a BAC of .08 an hour after you were pulled over does not mean that you were intoxicated at the time you were pulled over.
Texas DWI Penalties
Administrative Penalties
Your driver's license may be suspended for 90 days if you failed a breath test. If you refused to take a breath test your driver’s license may be suspended for 180 days. These suspension periods may be longer if you have prior DWI convictions.
You also face financial penalties of $1,000 per year for three years if you are convicted of a first DWI. This penalty increases to $1,500 per year for second or subsequent DWI conviction and $2,000 per year if your blood alcohol content was .16 or higher.
Criminal Penalties
First DWI conviction: Up to 180 days in jail for a first DWI conviction
Second DWI conviction: Up to one year in jail
Three or more prior DWI convictions: Two to 10 years in state prison
Intoxication assault (injuring someone in an alcohol-related accident): Two to 10 years in state prison
Intoxication manslaughter: Two to 20 years in state prison
Free Attorney Consultation
Given the consequences of a DWI conviction, you should think long and hard before you give up without a fight. Contact me, Houston criminal defense lawyer R. Todd Bennett, for a free initial consultation about your case.
