Aggressively Defending Against DWI Charges in Harris, Fort Bend, and Montgomery Counties & the Houston Metro Area
If you were arrested for driving while intoxicated in Houston, securing a robust defense is critical to avoid steep fines, jail time, a permanent criminal record, and other life-altering consequences. At Lance Kennedy Law, we understand the high stakes involved in DWI cases and are committed to protecting your life and liberty.
With former prosecution experience and a proven track record of results, our attorneys can pursue the best possible outcome in your case while defending your rights at every turn. We exclusively focus on Texas criminal law and are committed to restoring your freedom by providing the fierce defense you deserve.
If you were arrested for DWI in Houston, put a former prosecutor on your side with Lance Kennedy Law. Contact us online to discuss your case. Se habla español.
What Constitutes DWI in Texas?
Driving while intoxicated (DWI) is illegal under Texas Penal Code § 49.04. This crime is defined as operating a motor vehicle while intoxicated in a public place. A DWI arrest can result from driving while impaired by drugs, alcohol, or both.
State law defines “intoxicated” as having a blood alcohol concentration (BAC) of 0.08% or higher, or 0.04% for commercial drivers. Texas also has a zero-tolerance law for drivers under 21, meaning any detectable amount of alcohol can result in DUIA charges (“driving under the influence of alcohol by a minor”).
Can I Be Arrested for DWI if My BAC Is Under 0.08%?
Yes, you can still face DWI charges even with a BAC under 0.08%. Under Texas Penal Code § 49.01(2)(A), a driver is considered “intoxicated” if they lack the normal use of mental or physical faculties due to alcohol, drugs, or any other substance.
This means a police officer can lawfully arrest you for DWI if they have “probable cause’ to believe you are impaired, such as slurred speech, the smell of alcohol, or erratic behavior. This applies even if your BAC is below the legal limit or isn’t tested at all.
At Lance Kennedy Law, our attorneys are well-versed in these legal nuances to analyze the evidence against you, challenge the validity of chemical tests and field sobriety tests, and fight to reduce or dismiss the charges you’re facing.
What Are the Penalties for a DWI Conviction?
The penalties for a DWI conviction depend on the type and severity of the offense, prior convictions, and any aggravating factors. Below are common DWI offenses and their associated penalties:
A first DWI is a class B misdemeanor punishable by up to 3-180 days in jail, up to one year of driver’s license suspension, and up to $2,000 in fines.
A second DWI is a class A misdemeanor punishable by 30 days to one year in jail, up to two years of driver’s license suspension, and up to $4,000 in fines.
A third DWI is a third-degree felony punishable by 2-10 years in prison, up to two years of driver’s license suspension, and a $10,000 fine.
Keep in mind that the penalties for DWI aren’t limited to fines and incarceration, but may also include the installation of an ignition interlock device (IID), probation, community service, and mandatory education or treatment programs.
If you’re facing DWI charges, we can diligently defend your rights and hard-earned reputation. Call (737) 324-7540 to schedule a free consultation.
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An aggravated DWI involves certain “aggravating circumstances” that increase the severity of the offense. These include:
High blood alcohol concentration. A BAC of 0.15% or higher can enhance a DWI charge to an aggravated level.
DWI involving a child passenger. Committing DWI with a passenger under 15 years old constitutes an aggravated DWI charge.
DWI causing bodily injury or death. This occurs when DWI results in serious injuries (intoxication assault) or fatalities (intoxication manslaughter).
Prior convictions. Repeat DWI offenders can face significantly enhanced penalties, including increased fines and extended jail time.
No. While an aggravated DWI is not always a felony, it can elevate standard charges to a higher misdemeanor class or felony, depending on the specific aggravating factor involved.
If you were charged with DWI on I-610, your driver’s license may be suspended unless you request an administrative license revocation (ALR) hearing within 15 days of your arrest. ALR cases are separate civil proceedings handled by the Department of Public Safety (DPS).
Failure to request a hearing within this timeframe can result in automatic license suspension, making it crucial to consult a knowledgeable DIW defense lawyer as soon as possible. Our lawyers can request an ALR hearing on your behalf and work tirelessly to restore your driving privileges.
If you were arrested for DWI, our firm can help you build a strategic defense to reduce or dismiss the charges against you. Some common legal strategies include:
Unlawful traffic stops. Police must have reasonable suspicion to pull you over, such as speeding or swerving. If the DWI stop was unlawful, we can challenge the evidence against you and fight for dismissed or reduced charges.
Lack of probable cause. Law enforcement must have probable cause to arrest you for DWI. If the officer arrested you without sufficient evidence of intoxication, we can file a motion to suppress all evidence gathered after the arrest.
Improper field sobriety tests. Standardized tests like the walk-and-turn or one-leg stand are frequently used to establish probable cause, but are often subjective and influenced by outside factors. We challenge the administration and accuracy of FSTs to prove they were improperly conducted or inconclusive.
Inaccurate chemical test results. Breath and blood tests can be inaccurate due to improper calibration or operator error. Medical conditions like diabetes and acid reflux can also mimic intoxication and cause false positives. We can identify any testing errors to dismiss inadmissible evidence from your case.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Work to get the best results possible so you can get your life back.
