Houston DWI Attorney
Every month, hundreds of people in the Houston area are arrested for Driving While Intoxicated (DWI). Enforcement of DWIs in Houston is aggressive, and it is easier than many people realize to find yourself charged even if you were not intoxicated. A DWI arrest immediately sets two separate legal cases in motion: a criminal case filed by the State of Texas, and an administrative case by the Texas Department of Public Safety (DPS) to suspend your driver’s license.
If you need a houston dwi attorney who is Board-Certified in criminal law and has personally defended over a thousand DWI cases in Harris County, Jose Ceja at Ceja Law Firm is available 24/7 for a free consultation. Hablamos español.
In addition to the potential for jail time and significant fines, your driver’s license could be suspended unless action is taken within 15 days of your arrest. DWIs are highly specialized cases, and it is critical to hire an attorney with the training and experience to challenge the evidence, protect your driving privileges, and give you the best possible chance of keeping a DWI off your record.
If you or a loved one has been charged with DWI in Houston or the surrounding areas, contact Ceja Law Firm for a free consultation.
How Are DWIs Charged in Texas?
Under Texas Penal Code §49.04, Driving While Intoxicated is defined as operating a motor vehicle in a public place while intoxicated. Under Texas law, “intoxication” is defined as either the loss of normal use of mental or physical faculties due to alcohol or drugs, or a blood alcohol concentration (BAC) of .08 or more at the time of driving.
It is important to understand that prosecutors must present evidence of what your BAC would have been at the time of driving — not at the time the test was administered. Blood and breath tests are always conducted after a stop, and the defense can challenge what your BAC actually was while you were behind the wheel.
In a DWI investigation, police will attempt to establish intoxication in two ways. First, through their personal observations — including a driver’s performance on Standardized Field Sobriety Tests such as the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One-Leg Stand tests. Second, through a breath or blood test to establish whether the driver was at or above the legal limit. Whether those tests were properly administered and whether the results are accurate are two of the central issues in any DWI defense.
Depending on the facts and the defendant’s prior history, DWI can be charged as either a felony or a misdemeanor. A first-time DWI is typically a Class B misdemeanor, but several factors can elevate the charge significantly.
DWI Penalties in Texas
All DWI-related charges carry serious consequences. The charge level depends on prior DWI convictions, BAC at the time of driving, and whether any aggravating circumstances — such as a child passenger or a serious accident — were involved.
| Offense | Classification | Fine | Jail / Prison |
|---|---|---|---|
| First DWI | Class B Misdemeanor | Up to $2,000 | 72 hrs – 180 days |
| First DWI (BAC .15+) | Class A Misdemeanor | Up to $4,000 | Up to 1 year |
| Second DWI | Class A Misdemeanor | Up to $4,000 | 30 days – 1 year |
| Third DWI | Third-Degree Felony | Up to $10,000 | 2 – 10 years |
| DWI with Child Passenger | State Jail Felony | Up to $10,000 | 180 days – 2 years |
| Intoxication Assault | Third-Degree Felony | Up to $10,000 | 2 – 10 years |
| Intoxication Manslaughter | Second-Degree Felony | Up to $10,000 | 2 – 20 years |
In addition to these direct criminal penalties, a DWI conviction can carry significant secondary consequences that affect your life long after the case is resolved:
- Increased auto insurance premiums, often for several years
- Ineligibility for certain jobs, professional licenses, or security clearances
- Negative impact on child custody or visitation arrangements
- Difficulty renting a home or apartment
- Restrictions on voting rights and firearm ownership for felony convictions
- Immigration consequences for non-citizens, including potential deportation
Types of DWI Cases We Handle
DWI charges in Texas cover a wide range of situations. Ceja Law Firm handles all types of DWI cases throughout Houston, Harris County, and the surrounding areas:
If you don’t see your specific situation listed above, contact Ceja Law Firm for a free consultation.
Charged with DWI in Houston?
Jose Ceja is Board-Certified in criminal law and available 24/7. Call now for a free consultation.
Your Rights After a DWI Arrest
If you are arrested for DWI, the most important right you have is your right to remain silent. In many cases, after being detained, the police will attempt to question you about the alleged offense — where you were coming from, what you drank, and how much. This information could all be used against you later, for example to support an argument about what your blood alcohol content was at the time of driving. You never have to answer these questions. The best approach during a DWI investigation is typically to identify yourself and provide your driver’s license, but politely refuse to answer any further questions. You are likely being recorded, and your behavior at the scene will later be closely analyzed for signs of intoxication.
One common question is whether to refuse a breath test. After being arrested for DWI, the police will ask for a breath or blood test. In the Houston area, for most first-time DWI arrests, the police will request a breath test. If you refuse, your license could be subject to a longer suspension and the police will likely seek a warrant to obtain your blood. Most of the time, it is preferable to consent to a breath test because police will likely obtain your blood regardless — and blood is more accurate. A refusal also leads to a longer potential driver’s license suspension. Additionally, if your case goes to trial, it is useful for your attorney to be able to argue that you had nothing to hide and cooperated with the police.
DWI Defense Tactics
Although most DWIs are filed as misdemeanors, they are more specialized and technically complex than many felony cases, and require a high level of expertise to defend effectively. The most effective defense strategy is to thoroughly and aggressively challenge every stage of the police’s investigation — including the traffic stop or initial detention, the officer’s field investigation, the validity and accuracy of a breath or blood test, the validity of any search warrant or legal warnings, and the officer’s ultimate conclusion that the driver was intoxicated.
The goal of DWI defense is to protect your freedom, your record, and your driving privileges. Because DWIs are highly specialized, it is critical to hire an attorney with the specific training and background to defend your case and challenge the State’s evidence. Unless a DWI attorney has genuine experience with breath and blood testing science, for example, it will be very difficult for them to effectively challenge the validity of a test result.
The Science Behind DWI Defense in Texas
DWI cases are among the most scientifically complex in criminal law. Defending them effectively requires knowledge that goes well beyond typical criminal defense work — including a deep understanding of how breath and blood alcohol tests work, how field sobriety tests should be administered, and how the prosecution uses science to prove intoxication. At Ceja Law Firm, Mr. Ceja has invested hundreds of hours studying the science behind DWI investigations, including training at the renowned Axion Labs in Chicago. He is also certified to administer the same Standardized Field Sobriety Tests used by police officers in Texas, which gives him a unique advantage in cross-examining officers about their administration of these tests.
The three Standardized Field Sobriety Tests used in Texas DWI investigations are the Horizontal Gaze Nystagmus (HGN) test, the Walk and Turn test, and the One-Leg Stand test. These tests must be administered according to specific NHTSA protocols, and even minor deviations by the officer can affect their validity as evidence. Medical conditions, fatigue, road conditions, footwear, and age can all affect a person’s performance on balance-based tests. Because Mr. Ceja is certified to administer the same tests, he is uniquely qualified to identify and challenge improper administration.
In most first-time DWI arrests in Houston, police will request a breath test using the Intoxilyzer 9000. While breath test results are admitted as scientific evidence, they are subject to multiple sources of error — including calibration issues, operator error, physiological variables such as mouth alcohol, medical conditions like GERD or diabetes, and the instrument’s inherent margin of error. An experienced DWI attorney can obtain and analyze the maintenance records, calibration logs, and operator certifications for the specific device used in your case.
When a breath test is refused or unavailable, police will typically seek a warrant to draw blood. Blood tests are generally more accurate than breath tests, but they are not infallible. Chain of custody, storage temperature, fermentation, and lab procedure errors can all affect the reliability of a blood result. The margin of error in blood testing is also legally significant in cases where the result is near the .08 threshold.
Because breath and blood tests are administered after the traffic stop — sometimes hours later — prosecutors frequently rely on retrograde extrapolation to estimate what a defendant’s BAC was at the actual time of driving. This calculation depends on assumptions about alcohol absorption and elimination rates that vary significantly from person to person. Challenging the State’s retrograde extrapolation evidence is a key strategy in cases where the timing of consumption is a central issue.
Mr. Ceja is certified in SFST administration and has trained at Axion Labs in Chicago
Few DWI attorneys in Houston have this level of scientific preparation.
Can I Get My DWI Dismissed?
It is absolutely possible to get a DWI dismissed. Although no attorney can predict or guarantee an outcome, a dismissal is more likely when you have an experienced attorney with a clear plan — and a backup plan — for obtaining the best possible result. In most cases, the first step should be to aggressively attack the evidence. If an attorney establishes that the traffic stop leading to a DWI arrest was unlawful, or that a search warrant for blood was defective, the case could be dismissed entirely.
If the case is not dismissed because of a factual or legal problem, your attorney may still be able to negotiate a dismissal through an agreement with prosecutors. In some counties in the Houston area, District Attorney offices offer programs for many first-time DWI offenders that can lead to dismissal of charges if the programs are completed successfully. Before considering any program or agreement — which can sometimes require an admission of guilt and carry criminal penalties if not completed — it is the attorney’s responsibility to first challenge the facts of the case.
DWI Pre-Trial Intervention Programs
If you are arrested for DWI in Houston, you may be eligible for the Harris County District Attorney’s Office Pre-Trial Intervention Program. This program is essentially a contract with the District Attorney’s Office: if you meet certain conditions, your case will be dismissed. The program typically involves classes, fees, community service, and the installation of an ignition interlock device in your vehicle. It is generally available only to defendants with no prior criminal history who were not involved in an accident and did not have a particularly high breath or blood score.
This program is a good “backup plan” for many first-time DWIs because it provides a guaranteed path to dismissal. However, it is still very important for your attorney to first challenge the evidence and work toward a dismissal based on legal or factual problems with the case. Too many attorneys put minimal effort into fighting the case once they believe pre-trial diversion may be an option. At Ceja Law Firm, the strategy is always to pursue dismissal through legal challenge before considering any agreement. See the Pre-Trial Intervention page for more information.
Preventing License Suspension After a DWI
If you were arrested for DWI and refused to provide a breath or blood sample (“refusal”), or provided a sample at or above the legal limit (“failure”), the Texas Department of Public Safety will attempt to suspend your driving privileges — 180 days for a refusal, or 90 days for a failure. These suspension periods can be significantly longer if you have a prior DWI on your record.
Jose Ceja has handled hundreds of ALR hearings and successfully prevents the suspension of the vast majority of his clients’ driver’s licenses. To begin fighting the suspension, a request for an Administrative License Revocation (ALR) hearing must be made within 15 days of being served with the notice of suspension. This typically occurs on the date of your arrest.
Because of the rules governing ALR hearings, officers involved in the case must often be subpoenaed to attend. As a result, ALR hearings frequently provide an opportunity for the defense to gather valuable information that can be used to defend the criminal case — including sworn testimony from the arresting officer before the criminal case is resolved. Handling ALR hearings requires specialized knowledge, and it is strongly advisable to have an experienced firm handle it on your behalf.
You only have 15 days to fight your driver’s license suspension
Call Ceja Law Firm now — we handle ALR hearings and have preserved driving privileges for hundreds of clients.
Can I Obtain an Expunction of a DWI Arrest?
In Texas, an expunction is the best possible outcome of a DWI arrest. An expunction results in all records of the arrest being destroyed and legally permits a person to deny the existence of the arrest in most circumstances — on a job application, for example. An expunction is generally only available if the case is dismissed or you are found not guilty at trial. If you receive any form of probation for a DWI, including deferred adjudication, an expunction is not available. Expunction should be the ultimate goal after any DWI arrest, and it is the reason why fighting the case aggressively from the beginning matters — even if you are confident you will ultimately accept a program or plea. At Ceja Law Firm, we regularly help clients obtain expunctions of DWI arrests after dismissals and acquittals.
What Happens If an Undocumented Person Is Arrested for DWI in Houston?
In the Houston area, it is very common for undocumented individuals to be arrested for DWI. Whenever an undocumented person goes to jail, there is a risk that an immigration hold will be issued. An immigration hold is a detention placed by an immigration official that prevents a person from being released from jail even after posting bond. Fortunately, in most misdemeanor DWI cases in the Houston area, immigration holds are relatively rare. However, it is critical that an attorney take steps to ensure the client avoids any subsequent jail contact, which could trigger a hold.
Whenever a non-citizen is charged with a crime, including DWI, it is important to consult with an immigration attorney about the immigration consequences of an arrest or conviction. One of the most important goals in non-citizen DWI cases is ensuring that the criminal case outcome does not jeopardize the client’s immigration status. At Ceja Law Firm, we work closely with immigration attorneys to protect our clients’ legal status throughout the criminal process.
All consultations are 100% confidential. Speaking with an attorney does not notify ICE or any government agency. Hablamos español.
Why Jose Ceja Is the Right Houston DWI Attorney
At Ceja Law Firm, we have an outstanding record of dismissals and acquittals at trial, as well as obtaining expunctions for DWI clients. Mr. Ceja is a Board-Certified Criminal Law specialist — a credential held by a small percentage of attorneys in Texas — and began his career as a drug prosecutor. He has personally defended over a thousand DWI cases in Harris County and the surrounding areas.
Mr. Ceja is certified to administer the same Standardized Field Sobriety Tests used by police and has spent hundreds of hours studying the science behind breath and blood alcohol testing, including training at the renowned Axion Labs in Chicago. This level of preparation is not common among DWI attorneys and gives both Mr. Ceja and his clients a meaningful advantage when challenging the State’s evidence.
Because of his background as a former prosecutor, Mr. Ceja understands how the District Attorney’s office approaches DWI cases and what arguments are most likely to succeed. That perspective — combined with his technical knowledge of DWI science — allows him to identify weaknesses in the State’s case that other attorneys might miss.
Frequently Asked Questions About DWI in Houston
In Texas, DWI (Driving While Intoxicated) is the charge for adults who operate a vehicle while intoxicated by alcohol or drugs. DUI (Driving Under the Influence) is a separate, lesser charge that applies specifically to minors under the age of 21 and can be charged for any detectable amount of alcohol — even below the .08 legal limit. If you have been searching for a “DUI lawyer” in Houston, you most likely need a DWI attorney, as DWI is the charge filed against adults in virtually all cases.
You have 15 days from the date you were served with the notice of suspension — which typically occurs on the date of your arrest — to request an Administrative License Revocation (ALR) hearing. Missing this deadline results in automatic suspension of your license. At Ceja Law Firm, we handle ALR hearings routinely and have successfully preserved the driving privileges of the vast majority of our clients.
This is one of the most common questions after a DWI arrest. In most cases, consenting to a breath test is preferable. If you refuse, your license can be suspended for 180 days (longer with prior DWIs), and police will likely seek a warrant to obtain your blood — which is more accurate than breath and gives the prosecution stronger evidence. A refusal also limits your attorney’s ability to challenge the test results and can be used against you at trial. Every situation is different, and speaking with an attorney immediately after an arrest is the best course of action.
Texas law defines DWI as “operating” a motor vehicle while intoxicated. Courts have interpreted this broadly in some circumstances. A person sitting in a parked vehicle with the engine running, for example, has been charged with DWI in Texas. Whether the facts of a specific situation legally support a DWI charge is something an experienced attorney can evaluate — and in many of these cases, the charge can be challenged effectively.
A dismissal is possible in many cases. The outcome depends on specific facts: whether the traffic stop was lawful, how field sobriety tests were administered, whether a blood warrant was properly issued, and how accurate the breath or blood result was. At Ceja Law Firm, the strategy is always to first aggressively challenge the evidence before considering any program or agreement. No attorney can guarantee a dismissal, but having the right attorney — one who knows what to look for — significantly affects the odds.
The true cost of a DWI goes well beyond fines. Direct costs include attorney fees, court costs, fines (up to $2,000 for a first offense, more for elevated charges), the cost of an ignition interlock device, DWI education classes, and transportation costs during any license suspension. Indirect costs include increased auto insurance premiums, potential job loss or difficulty finding employment, and the long-term impact of a criminal record. The total financial impact of a first DWI conviction can easily reach $10,000 or more. Fighting the charge aggressively from the beginning is almost always the most cost-effective approach.
When to Contact an Attorney
After a DWI arrest, it is important to consult with an experienced DWI attorney as quickly as possible so that you understand the process, your options, and what to expect. It is also critical to remember that you likely have only 15 days to request a hearing to fight your driver’s license suspension. That deadline should not be missed.
Although it is advisable to have an attorney on your first court date, generally nothing irreversible happens at the first appearance if you appear without one. You should be cautious of any high-pressure sales tactics from attorneys. There is a lot to consider when choosing a DWI attorney, and it is worth taking the time to find the best fit for your case.
At Ceja Law Firm, the first step is always a free consultation. There is no obligation, and everything you discuss is completely confidential.
Facing a DWI arrest in Houston? Call a houston dwi attorney at Ceja Law Firm — available 24/7. Free, confidential consultation. Hablamos español.
