A DWI (Driving While Intoxicated) arrest is stressful. You must contend with jail time, high fines, and the loss of your drivers license. Luckily, there are many ways an experienced Houston DWI attorney can defend a DWI case.
If you need an aggressive and experienced DWI lawyer or attorney in Houston, feel free to Contact Me to discuss your case at (713) 487-7575. Or read more below.
Here are the possible penalties for D.W.I. and other intoxication offenses:
In Harris County, another possible punishment option is a pretrial diversion program known as DIVERT.
The core D.W.I. law is found in Texas Penal Code Section 49.04 and reads:
A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
This definition requires us to define “intoxicated.”
“Intoxicated” is defined in Penal Code Section 49.01 and can be proved by the state in two ways:
So, basically, the state can prove their case against you by showing one of three things:
A. The Stop
B. The Field Sobriety Tests
C. The Breath or Blood Test
D. The Video
As noted above in the penalties section, your drivers license can be suspended upon conviction of D.W.I. This suspension occurs at the conclusion of your case. It is part of the punishment.
Furthermore, the State can also suspend your drivers license if during your arrest you refused to take a breath or blood test or if you failed the breath or blood test. Thus, if you are arrested for DWI you will be contending with two cases: Your criminal prosecution AND a drivers license suspension case.
The drivers license case is known as the A.L.R. or administrative license revocation proceeding.
This suspension becomes active 40 days after the refusal or failure unless you request a hearing within 15 days of his or her request.
For someone over 21 years old, the drivers license suspension based on a refusal to take a breath or blood test is
180 days. The suspension for someone who took the breath or blood test and failed the test is 90 days.
In Texas, a person who completes straight probation is not eligible for expunction or non-disclosure. Furthermore, other final criminal convictions cannot be erased from a criminal record.
For example, a DWI conviction can never be expunged or sealed. If the court gave you as your punishment time served in jail or a prison sentence, you have a final conviction that cannot be sealed or expunged.
In short, post bond, interview lawyers, go to court, stay out of trouble, assess the evidence, and stay determined and be patient.