A driving while intoxicated (DWI) arrest, even a first offense, can result in severe consequences. However, DWI charges are highly defensible since relevant laws are standardized throughout the United States. If you want to fight for your right to drive and maintain a clean record, speak with the experienced Houston criminal defense lawyers at Walter J. Pink & Associates, PC.
Our legal team has the knowledge, skills, and resources of a firm that spans over three generations. From Class C drivers to CDL holders, we are ready to fight for your rights and mount a serious defense.
Schedule a free consultation with our Houston DWI lawyers by calling
(713) 664-6651 and learn more about your options at no cost or obligation.
Why Clients Choose Walter J. Pink & Associates, PC
Clients rave about their results and experience with our legal team. Based on past testimonials, they chose our Texas DWI attorneys in Houston for:
- Service: Walter J. Pink & Associates, PC takes the time to understand each client’s situation, using a direct yet empathetic approach. We will fight zealously on your behalf so that you do not pay the price for unfounded DWI charges.
- Strategies: Every DWI case is defensible. From faulty testing devices to civil rights violations, law enforcement makes mistakes when arresting alleged offenders more often than you think. Hire us when you want to find out if and where they went wrong in your arrest.
- Capabilities: Ideally, we try to resolve charges during the pre-trial phases of the criminal and civil processes. It is most often the option that uses as few resources as possible. However, if the prosecutors refuse to drop or lower the charges against you, we will not hesitate to present a compelling case at trial and your discretion.
How Is Drunk Driving Defined In Texas?
We handle both driving while intoxicated (DWI) and driving under the influence (DUI). These offenses can be found in the Texas Penal Code (TPC) § 49.04, which states, in part:
“A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place”
At Walter J. Pink & Associates, PC, we do not recommend that anyone drive with any amount of alcohol in their system. However, intoxicated is defined in Texas as:
“(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
Therefore, by definition, it is not illegal to have alcohol in your system while operating a noncommercial vehicle, as long as your mental and physical capabilities are not compromised AND you are under the alcohol concentration of 0.08.”
But again, we DO NOT recommend nor promote the idea that anyone should drive or operate any motor vehicle with alcohol in their system. DWI offenses are not only costly but also cumbersome, they usually include fines, probation, and loss of your driver’s license. Your insurance may also double or even triple while also restricting your employment options in the future.
Once you have been arrested for a DWI you must act expeditiously. You only have 15 days to schedule an administrative hearing to save your license. If you do not schedule a hearing, then we can attempt to get an occupational license so you can at least keep your ability to drive to make a living. If you are involved in a car accident, our Houston car accident lawyers will help you get your deserved compensation.
Penalties For Drunk Driving In Texas
Texas punishes DWI convictions severely. Even for a first-time offense, you could face the following penalties for drunk driving in Texas:
- Up to 180 days in jail
- Up to $2,000 in fines
- License revocation for up to two years
- Up to $2,000 in annual surcharges for up to three years
- Community service
- Ignition interlock device
- (IID) installation
- DWI school and alcohol compliance
- Collateral consequences
- Other penalties
IMPORTANT: YOU HAVE ONLY 15 DAYS AFTER YOUR ARREST TO RETAIN YOUR DRIVING PRIVILEGES.
Your license will be automatically suspended 15 days after your arrest unless you fight for your right to drive. Your Texas DWI attorney in Houston must file an Administrative License Revocation (ALR) hearing from the Department of Public Safety (DPS). Otherwise, you will lose your driving privileges.
Increased Penalties for Intoxicated Manslaughter Convictions
Intoxicated Manslaughter happens when someone dies due to a person’s intoxication. A person killed because of someone else “Driving While under the Influence” can be found in Texas Penal Code (TPC) § 49.04, which states, in part:
- A person commits an offense if the person:
- operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
- is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
This crime is a second-degree felony with a punishment range of 2-20 years in the Texas Department of Criminal Justice (TDCJ), up to a $10,000 fine, and with the addition of House Bill 393, pay restitution for the support of a child whose parent or guardian is a victim of intoxication manslaughter. The consequences of Drinking and Driving have never been higher, so contact our team of Houston Intoxicated Manslaughter defense attorneys today.
How Long Will a DWI Stay on My Record in Texas?
If you are found guilty of a DWI, expect your conviction to remain on your record indefinitely. However, if you meet the eligibility requirements, you may be able to get your record sealed or expunged. With a DWI conviction following you, you may find it more difficult to find gainful employment, access federal student aid, or secure affordable housing.
Our team will closely evaluate the details of your case to determine whether record sealing or expunction is the better option based on the circumstances of your case. Your record could be sealed through the Texas second chance bill if you can successfully drive six months sober with an ignition interlock device (IID). You will need to wait at least two years from the date you complete probation for your record to be sealed.
If you are more interested in expungement, we will need to find out whether you meet the eligibility requirements. To qualify for expungement, you must have been acquitted of the charges against you or had the charges dismissed without probation. You might also be eligible for expungement if the grand jury issued a “no bill” as described by the Texas Courts.
Once your record has been expunged or sealed, you no longer have to worry about your DWI conviction impacting your future opportunities. Additionally, once your record is expunged, your auto insurance rates should stabilize. Immediately after your conviction, you may find yourself facing exorbitantly high insurance rates, as you may be considered a “risky driver”. Once your record is sealed, your rates should go down. This can take three years or longer, depending on the circumstances of your DWI.
How Much Does it Cost to Hire a DWI Lawyer in Houston?
The cost of hiring a DWI attorney in Houston can vary widely based on the complexity of your case. For example, if your case does not go to trial, and you enroll in pretrial diversion or work out a plea agreement with the district attorney, you could expect to pay less in legal fees than you would if you decided to take your chances at trial.
When we go to court, we will need to hire expert witnesses and conduct an intensive investigation, all of which will add to your legal fees. Once we have had an opportunity to review the specific circumstances of your DWI arrest, we will have a better idea as to what you might pay in legal fees. We may charge an hourly rate or work on a flat fee, based on how straightforward the case seems.
How Long Does a Typical DWI Case Take to Resolve in Houston?
Many factors can impact how long it takes to resolve a typical DWI. Every DWI case is different. Some are more complex than others. For example, a first-time DWI that is resolved with pretrial diversion may settle in around six months. However, cases involving habitual offenders or serious injuries may take years to finalize.
If we can resolve your case sooner by working out a plea agreement with the district attorney or enrolling you in pretrial diversion, that may be in your best interests. But if you want to fight the DWI charges against you, we will open up a comprehensive investigation. We will gather the evidence we need to introduce reasonable doubt in the minds of the judge and jury. However, keep in mind that if your DWI case goes to court, it will take longer to resolve.
Free Consultation With Our Texas DWI Attorneys In Houston
Are you ready to protect your freedom and fight for your right to drive? If so, the Houston DWI defense lawyers at Walter J. Pink & Associates, PC, are ready to hold the system accountable to your rights. Schedule your free consultation with our legal team today by calling (713) 664-6651 or sending us a secure message online.