Facing a DWI charge in Baytown, Texas can significantly impact your life, career, and future opportunities. Texas law treats Driving While Intoxicated (DWI) seriously, with penalties including fines, jail time, probation, driver’s license suspension, and long-term consequences on your criminal record.
Attorney Jose Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has extensive training in DWIs, including certification to administer Standardized Field Sobriety Tests (SFSTs) and is recognized as a Texas Super Lawyer. At Ceja Law Firm, we offer robust legal representation designed to mitigate these effects and protect your rights.
Understanding DWI Charges in Baytown
Under Texas Penal Code § 49.04, a person commits the offense of Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while intoxicated. The law defines “intoxicated” as having a blood alcohol concentration (BAC) of 0.08% or higher, or lacking the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances. Even if your BAC is below 0.08%, you can still be arrested if the officer believes your faculties are impaired.
In Baytown, DWI stops often begin with minor traffic violations or behaviors that suggest intoxication, such as drifting between lanes, driving too slowly, or rolling through stop signs. Once stopped, officers may administer field sobriety tests or request a breath or blood sample. However, not all DWI arrests are lawful—if the initial stop lacked reasonable suspicion or the tests were improperly administered, your attorney may be able to challenge key evidence in your case.
Overview of DWI-Related Charges in Texas (Baytown Version):
In Texas, several distinct DWI-related charges exist, each with unique elements and penalties:
- First-Time DWI: Operating a vehicle with a blood alcohol concentration (BAC) of .08 or higher, or impairment due to substances. Penalties include fines, possible jail time, and license suspension.
- Second or Subsequent DWI: Enhanced penalties apply for each subsequent DWI conviction, including increased jail time, higher fines, mandatory ignition interlock devices, and longer license suspensions.
- DWI with a Child Passenger: Driving intoxicated with a passenger under 15 years old is a felony, carrying significant fines, potential imprisonment, and severe collateral consequences.
- Felony DWI (Third Offense or More): A third or subsequent DWI offense is prosecuted as a felony, resulting in substantial prison sentences and permanent criminal records.
- Intoxication Assault: Causing serious bodily injury to another while driving intoxicated, a third-degree felony with potential prison time and significant fines.
- Intoxication Manslaughter: Causing death by driving while intoxicated, a second-degree felony punishable by extensive prison sentences and severe consequences.
Understanding the specific charges you face is essential for developing an effective defense strategy tailored to your situation.
Defending DWI Charges in Baytown
Successfully defending against DWI charges in Baytown requires a thorough understanding of Texas DWI laws, local court procedures, and meticulous attention to the details of your arrest. Board Certified Attorney Jose Ceja has extensive DWI training, including certification to administer Standardized Field Sobriety Tests (SFSTs), enabling him to identify mistakes often made by police during DWI arrests.
Several proven defense strategies can be employed to challenge your DWI case effectively:
1. Challenging the Reason for the Traffic Stop
Under Texas law, police officers must have reasonable suspicion of a traffic violation or criminal activity to stop a vehicle. An experienced DWI attorney can investigate whether the Baytown officer had a lawful basis for your stop, such as speeding or failing to maintain a lane. Any evidence obtained following an improper stop could potentially be suppressed, significantly weakening the prosecution’s case.
2. Evaluating the Field Sobriety Tests (SFSTs)
Many DWI cases rely heavily on SFST results. Attorney Jose Ceja, certified in administering these tests, knows firsthand that numerous factors can impact their accuracy. For instance, uneven pavement, poor weather conditions, medical issues, fatigue, improper instructions, or the officer’s subjective bias can all compromise the reliability of SFSTs. A detailed examination of the administration of these tests can reveal inaccuracies and errors that undermine their validity in court.
3. Contesting Breath and Blood Test Results
Breath and blood tests may seem scientific and objective, but they often contain errors. Attorney Ceja is highly trained in forensic testing methodologies and understands that improper calibration, handling errors, storage issues, or contamination can significantly affect test results. Additionally, the timing of the tests is crucial because a person’s blood alcohol concentration (BAC) can change considerably between driving and testing, often rising due to delays. This discrepancy can be pivotal in raising reasonable doubt.
4. Negotiating with the Prosecution
Sometimes a favorable outcome can be achieved through strategic negotiations with prosecutors. A skilled DWI attorney may secure reduced charges such as reckless driving or obstructing a roadway. Such agreements significantly decrease the long-term consequences of a DWI conviction.
By identifying and aggressively pursuing these defensive avenues, Ceja Law Firm works tirelessly toward a dismissal, reduced charge, or acquittal.
How to Keep a Baytown DWI Arrest Off Your Record
Resolving a DWI case typically involves a trial, plea agreement, or dismissal. At Ceja Law Firm, our primary goal is securing a dismissal or acquittal at trial. A case dismissal or “not guilty” verdict makes you eligible for an expunction, allowing you to clear the arrest entirely from your record.
Immigration Consequences of a DWI Conviction
Potential immigration consequences include visa denial, complications obtaining citizenship, or deportation. We carefully assess these risks to protect your immigration status.
ALR (Administrative License Revocation)
Following a DWI arrest in Baytown, your driver’s license may face immediate suspension through an ALR hearing. Timely requesting this hearing is essential to contest the suspension and retain driving privileges. Please visit our ALR page for more information on how to protect your driver’s license against an administrative suspension. You likely only have 15 days from the date of arrest to act to save your driver’s license.
Baytown DWI FAQs:
What are the penalties for a first-time DWI in Texas?
A first-time DWI can result in up to 180 days in jail, a fine up to $2,000, and license suspension up to one year. A first-time DWI can be increased to a Class A misdemeanor with up to 360 days in jail and a fine of $4000 if your breath or blood test is .15 or higher.
Can I refuse a breath or blood test?
Yes, but refusal triggers an automatic license suspension of 180 days for a first refusal and two years for subsequent refusals.
Will my license automatically be suspended after a DWI?
Yes, unless you request an ALR hearing within 15 days of your arrest to contest the suspension.
How long does a DWI stay on my record in Texas?
A DWI conviction stays permanently unless you receive an expunction or a nondisclosure order.
Can I obtain an expunction of a DWI arrest?
Yes, but only if your case is dismissed, or you’re acquitted (found “not guilty”) at trial.
What if I have prior DWI convictions?
Prior DWI convictions enhance penalties, including increased fines, mandatory jail time, and longer license suspensions.
How can I defend myself if the police claim I failed sobriety tests?
Sobriety tests can be challenged based on improper administration, medical conditions, environmental factors, or officer bias.
Can I travel internationally after a DWI conviction?
Generally, yes, but some countries, like Canada, may deny entry based on a DWI conviction.
Can a DWI conviction affect my TWIC card eligibility in Baytown?
It is possible. A DWI conviction—especially if it is a felony or involved aggravating factors like injury or multiple offenses—can disqualify you from obtaining or renewing a TWIC card. Since many Baytown refinery and port jobs require a valid TWIC card, a DWI conviction may jeopardize your ability to work in those industries.
Contact Ceja Law Firm for Expert Representation
Don’t let a DWI derail your future. Call Board Certified Criminal Lawyer Jose Ceja now for a free, confidential consultation. The sooner you act, the better your chances of keeping your record clean and your license intact. Let Ceja Law Firm fight for you.
