Facing a DWI charge in La Porte can turn your life upside down. Even a first-time arrest for driving while intoxicated can result in jail time, hefty fines, license suspension, and a permanent criminal record. But the consequences go far beyond the courtroom. A DWI conviction can affect your employment, housing, finances, and even your immigration status. That’s why having the right legal defense is critical from the very beginning.
Attorney Jose Ceja brings a rare level of experience and specialization to DWI defense. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization—a distinction held by less than 5% of Texas attorneys. A former prosecutor, Mr. Ceja is also certified to administer Standardized Field Sobriety Tests (SFSTs), giving him a unique edge in identifying law enforcement mistakes. He has successfully defended hundreds of DWI cases and is known for his meticulous preparation, aggressive defense strategies, and commitment to getting charges reduced or dismissed whenever possible.
What Constitutes a DWI in La Porte, TX?
In Texas, a person commits Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while intoxicated. According to Texas Penal Code § 49.01, “intoxicated” means having a blood alcohol concentration (BAC) of 0.08% or more, or not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances. Importantly, you can be charged with DWI even if your BAC is below 0.08% if the officer believes your faculties are impaired.
In La Porte, DWI stops are commonly initiated for minor traffic violations or driving behaviors that suggest impairment, such as swerving, speeding, or failure to signal. Once stopped, officers may look for signs of intoxication like slurred speech or the smell of alcohol and typically request field sobriety tests or a breath or blood test. However, not every stop or arrest is legally valid—an experienced attorney can evaluate whether the officer had a lawful basis to pull you over and whether proper procedures were followed.
Overview of DWI-Related Charges in Texas
Texas law includes various DWI offenses, each carrying different potential penalties based on the severity and circumstances involved:
- First-Offense DWI: Occurs when a driver is intoxicated or has a BAC of .08 or higher; penalties often include fines, probation, license suspension, and possible jail time.
- Multiple-Offense DWI: Penalties escalate significantly for subsequent convictions, often resulting in mandatory jail time, increased fines, mandatory alcohol treatment, and extended license suspensions.
- DWI with Child Passenger: Classified as a felony, this involves operating a vehicle intoxicated with a passenger younger than 15 years old, leading to severe criminal and civil penalties.
- Felony DWI (Third or More Offenses): After two prior convictions, further DWI charges become felonies, involving lengthy prison sentences, permanent license revocation, and lasting criminal records.
- Intoxication Assault: Involves causing serious bodily injury while driving intoxicated, classified as a third-degree felony, carrying substantial prison sentences and fines.
- Intoxication Manslaughter: A second-degree felony charge arising from driving intoxicated and causing another person’s death; it includes long-term imprisonment and severe legal repercussions.
Clearly identifying and understanding your specific DWI charge is crucial to successfully defending your case and minimizing potential consequences.
Administrative License Revocation (ALR) Hearings in La Porte
After a DWI arrest in La Porte, your driver’s license may be suspended through a civil process known as an Administrative License Revocation (ALR) hearing. This suspension is separate from the criminal case and is triggered by either refusing or failing a chemical test. You have only 15 days from the date of your arrest to request this hearing—if you miss the deadline, your license will be automatically suspended.
At Ceja Law Firm, we handle ALR hearings as part of a comprehensive DWI defense strategy. These hearings are not only an opportunity to protect your ability to drive, but also a valuable chance to cross-examine the arresting officer and gather early evidence for your criminal case. Learn more about ALR hearings and how to protect your license.
Defending DWI Charges in La Porte
A strong DWI defense in La Porte hinges on thorough investigation and a deep understanding of both the law and the science involved in these cases. Board Certified Attorney Jose Ceja has in-depth training in DWI defense, including certifications in administering Standardized Field Sobriety Tests (SFSTs). Leveraging his comprehensive background, Attorney Ceja frequently identifies and exposes weaknesses in the prosecution’s evidence.
Common and effective defense strategies include:
1. Examining the Legality of the Initial Stop
In La Porte, law enforcement must have reasonable suspicion to initiate a traffic stop. Attorney Ceja closely reviews police reports, dashcam videos, and body camera footage to determine whether the officer had a legitimate reason for the stop. An illegal or unjustified stop may result in the suppression of evidence collected afterward, significantly benefiting your defense.
2. Critiquing Field Sobriety Tests
Field sobriety tests, while commonly used, can be unreliable indicators of intoxication. As a certified SFST administrator, Attorney Ceja scrutinizes these tests to expose procedural mistakes, biases, or external conditions such as traffic noise, poor lighting, uneven terrain, footwear issues, medical conditions, or nervousness—any of which could unfairly affect your performance and skew the results against you.
3. Challenging Chemical Test Results (Breath or Blood)
Blood and breath tests, central to many DWI prosecutions, must comply with strict scientific and legal standards. Attorney Ceja reviews every aspect of these tests, including the officer’s qualifications, calibration logs, maintenance records, lab procedures, handling of samples, and timing of the test. He is adept at identifying inaccuracies stemming from issues like improper sample storage, contamination, delayed testing, or even underlying health conditions of the accused, raising questions about the validity of these results.
4. Pursuing Favorable Plea Bargains
In some situations, negotiating with prosecutors for a plea to a lesser offense can effectively minimize the potential penalties associated with a DWI. Attorney Ceja utilizes his comprehensive preparation and familiarity with La Porte’s local prosecutorial practices to secure favorable plea agreements, significantly reducing the negative impacts of the original charge.
Attorney Jose Ceja and Ceja Law Firm consistently employ these strategies to challenge DWI charges effectively, focusing on achieving dismissal, acquittal, or significantly reduced penalties in every case.
How to Keep a La Porte DWI Arrest Off Your Record
Our goal is to secure a dismissal or acquittal at trial, thereby enabling you to expunge your record completely. Successful expunction removes all records of your arrest.
Immigration Implications of DWI Convictions
A DWI conviction can negatively impact your immigration status, potentially leading to denial of citizenship or visa renewals and even deportation. We address these issues proactively.
Administrative License Revocation (ALR) Hearings
An ALR hearing provides the opportunity to contest the automatic suspension of your driver’s license following a DWI arrest. Requesting this hearing promptly can protect your ability to drive.
FAQs About La Porte DWI
What should I do immediately after a DWI arrest?
Remain calm, invoke your right to remain silent, avoid giving further statements, and promptly contact an experienced DWI attorney.
How long will my license be suspended?
License suspension periods vary—typically 90 days to one year for a first offense and longer for repeat offenses or test refusals.
Can I refuse field sobriety tests?
Yes, field sobriety tests are voluntary. Refusing them will not result in automatic penalties, though officers may still arrest you based on other observations.
Can I negotiate a plea agreement?
Yes, an experienced DWI attorney can often negotiate reduced charges, such as reckless driving or obstructing a roadway, to avoid harsher DWI penalties.
Is jail mandatory for a DWI conviction in Texas?
For a first-time DWI conviction, jail time isn’t mandatory, but subsequent offenses usually carry mandatory jail sentences.
How soon can I expunge a DWI from my record?
Expunction is possible immediately after an acquittal or dismissal, though processing can take several months.
What if my BAC was just above .08?
Even if your BAC is slightly above .08, your case may be defensible through arguments about testing accuracy or reliability.
Are there alternative sentencing options available?
Yes, Texas courts sometimes offer probation, alcohol education programs, ignition interlock devices, and community service as alternatives to jail.
Will a DWI conviction impact my TWIC card if I work in a La Porte refinery?
It might. TWIC eligibility can be affected by certain criminal convictions, including felony DWIs or multiple alcohol-related offenses. If you’re convicted, you could be denied access to secure areas at La Porte refineries and ports that require a TWIC card, which may put your job at risk.
Choose Ceja Law Firm
A DWI arrest doesn’t have to define your future. With the right legal strategy, it’s often possible to reduce the charges, avoid a conviction, or even get the case dismissed. Attorney Jose Ceja is Board Certified in Criminal Law and has the training and experience needed to fight aggressively on your behalf. If you’re facing DWI charges in La Porte, don’t wait—every moment counts. Call Ceja Law Firm today for a free consultation and take the first step toward protecting your license, your record, and your livelihood.
