If you were arrested for DWI in Houston, the breath test results play a significant role in the prosecution’s case against you. However, breath tests are not always accurate, and in some cases, the results can be challenged and suppressed—meaning they cannot be used against you in court. Understanding the legal grounds for suppressing a…
Category: DWI
What to expect after a third DWI arrest in Houston?
In Texas, punishments for DWIs increase dramatically after each arrest. The first two DWIs are charged as misdemeanors, but a third or more DWI will be charged as a felony in Texas, with the potential for prison time, lengthy driver’s license suspensions, longer probation and a permanent felony record. If you have been arrested for…
Can you be arrested for DWI in Texas if you weren’t driving?
More often than you would think, police in Texas arrest a driver and charge him with DWI when he was not actually driving a car. This can happen when a driver is asleep behind the wheel or if the police do not actually witness the defendant driving and make an arrest based on mistaken assumptions…
Will I Be Required to Obtain an Interlock Device After a DWI in Houston?
One common consequence of a DWI in Texas and the Houston area is a requirement that you obtain an ignition interlock device. An ignition interlock device is a device that a driver has to blow into prior to turning on the car, and may “lock” the car if it detects alcohol on the driver’s breath. …
What if you had no choice but to drive drunk? The defense of necessity in driving while intoxicated (DWI) cases in Texas.
Texas law contains several defenses that have been approved by the legislature and made a part of Texas law – so-called statutory defenses. Examples of statutory defenses are self-defense, duress or entrapment. Even if you engaged in conduct that amounts to a criminal offense, a statutory defense could be used to find a defendant “not…
Can diabetes affect a breath or blood test after a DWI arrest?
Diabetes is an extremely common disease in the United States. As of May 2024, the Center for Disease Control estimates that 38.4 million people in the United States live with diabetes. The Houston area is particularly affected by diabetes, and by some estimates, as many as 20% of Houstonians will have diabetes by 2040. With…
Should I hire a public defender or a private attorney for a Houston DWI?
DWI is one of the most common criminal offenses in the Houston area. If you are arrested for DWI in Houston, you will be given a court date soon after your arrest. The process for defending a DWI can be slow, and in general, you should expect a DWI to take several months to handle…
What to know about a first court date after a DWI arrest in Houston in 2024
Every week in Houston, there are dozens of arrests for driving while intoxicated (DWI). Most DWI arrests are for first-time misdemeanor DWI, although there are also many arrests for more serious felony DWI charges. In Harris County, after a DWI charge, you can expect to have a court date within a week or so of…
Consequences of Refusing a Breathalyzer Test: Legal Ramifications
In the Houston area, dozens of people are arrested every day and charged with Driving While Intoxicated (DWI). Immediately after an arrest, the police will ask for a breath (or blood sample) to test for the presence of alcohol or other controlled substances. But what happens if you refuse to give a breath sample? What…
Mistakes to Avoid After a DWI Charge in Houston
If you have never been arrested before, being charged with DWI can be an overwhelming experience and it is easy to make a mistake that can negatively impact your chances of getting the best possible result in your case. After a Houston DWI arrest, the most common mistakes include missing deadlines, hiring the wrong attorney,…
