Houston, Texas, DWI Defense Attorneys
At Jones Law Firm, our firm aggressively represents clients charged with a DWI. We are experienced criminal defense lawyers who know what to look for in a DWI case to develop the best possible defense for our cflients.
Below are some frequently asked quefstions that we find concern clients about a DWI charge or arrest. For more information or to schedule an initial consultation, contact our office today.
- What does DWI mean?
DWI is defined as a criminal offense in which a person may not drive a motor vehicle in a public place while "intoxicated." DWI stands for "driving while intoxicated." The DWI statute does not say driving while drunk or drinking and driving. A person need not be drunk to be "intoxicated" but a person who is drunk must be intoxicated. "Intoxicated" under Texas law is when either 1) by the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, the driver has lost the "normal" use of either his or her "mental" or "physical" faculties or 2) an alcohol concentration of .08 or more is found in the driver's breath or blood.
- Can I avoid being arrested for a DWI?
You may be able to avoid being arrested for a DWI, though you will most likely be arrested for something at the time of the traffic stop. You can avoid the DWI arrest by not giving a breath sample. The officer will most likely tell you that you will be arrested if you do not submit to the breath test (breathalyzer), and that your license will be suspended. What they fail to mention is that if you blow over .08 (the legal limit for blood alcohol content [BAC]) you will be arrested and your license will be suspended anyway.
- What are the punishments for a DWI conviction?
The punishments for a DWI conviction depend on the situation and the number of offenses that have been committed by the driver. For example, a first offense conviction includes a monetary fine (not to exceed $2,000), the possibility of serving jail time (from 3 to 180 days) and/or a license suspension (of 90 to 365 days). A first offense is considered a Class B Misdemeanor.
On the other hand, a second offense carries a penalty of a monetary fine (not to exceed $4,000), jail time (30 days to 1 year) and/or driver's license suspension (90 to 265 days). A second offense is considered a Class A Misdemeanor. On a third offense and other multiple offenses, the punishments increase drastically and eventually become felony offenses.
- What will happen to my driver's license?
If you fail to request an administrative hearing after being arrested for DWI, the Department of Public Safety (DPS) will automatically suspend your license. The term of suspension depends on whether you refuse the breath test or fail the breath test (or blood test if it applies). You must file a hearing request within 15 days of your arrest or you will lose your drivers license.
- Can I avoid a driver's license suspension?
You may be able to avoid having your driver's license suspended. In order to do this, we will request an Administrative License Revocation (ALR) hearing to contest DPS's contention that there was probable cause for your arrest. You should contact a DWI lawyer as soon as possible to save your license.
Contact a DWI Defense Lawyer Today
We can review your case and help answer any questions you might have regarding your DWI. Jones Law Firm is available twenty-four hours a day for his clients. Contact us today for a free initial consultation to discuss your options for fighting your DWI charges.
Jones Law Firm
917 Franklin St Suite 600
Houston, TX 77002-1741
Toll Free: 888-720-2808
Phone: 713-224-9700
Fax: 713-224-9702
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