Pasadena DWI Defense Lawyer

Woman pulled over for by police

Aggressive DWI Defense for Pasadena, TX Residents

Every week, dozens of people are arrested for DWI in Pasadena, Texas. Although most DWI charges are classified as misdemeanors, they are taken very seriously under Texas law and can have lasting consequences on your record, employment, housing, and immigration status. Driving While Intoxicated (DWI) cases involve complex scientific evidence and specialized police procedures, making it crucial to hire an experienced Pasadena TX DWI attorney to fight for your rights and work toward the best possible outcome.

At Ceja Law Firm, we understand the stress of facing DWI charges. Attorney Jose Ceja, a former prosecutor, has a proven track record of successfully defending DWI cases throughout Pasadena and the Greater Houston area. Mr. Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization and is recognized as a Texas Super Lawyer. Call today for a free consultation.

What Happens After a DWI Arrest in Pasadena, Texas?

Law enforcement agencies, including the Pasadena Police Department, aggressively enforce DWI laws. If you are arrested for DWI in Pasadena, TX, here’s what typically happens:

  1. Initial Detainment: You may be taken to the Pasadena Police Department Jail at 1201 Davis Street where breath or blood testing may occur.
  2. Processing at Joint Processing Center (JPC): You are transported downtown to Houston and processed at the JPC, where a judge will set your bond. This process usually takes 12-18 hours but can sometimes be longer.
  3. Release and Bonding Out:
    • First-time DWI offenders often receive a Personal Recognizance (PR) bond, meaning they can be released without paying money.
    • If a DWI involves prior offenses or aggravating factors, a judge will set bail, which must be paid at the Harris County Bail Bond Window at 700 N. San Jacinto, Houston, TX.
    • You may also use a bail bondsman, who typically charges 10% of the total bond amount as a non-refundable fee.

How Are DWIs Charged in Texas?

Most Pasadena TX DWI cases are first-time offenses classified as Class B misdemeanors. However, the severity of charges depends on factors like prior convictions, intoxication levels, and accidents.

  • First-Time DWI (Class B Misdemeanor) – Up to 180 days in jail, up to a $2,000 fine, and license suspension.
  • DWI with BAC of 0.15 or Higher (Class A Misdemeanor) – Up to 1 year in jail, up to a $4,000 fine.
  • Second DWI (Class A Misdemeanor) – Higher penalties, including mandatory jail time.
  • Felony DWIs Include:

How DWIs Are Defended

After obtaining the evidence from prosecutors, every stage of the case should be thoroughly and aggressively challenged – from the detention, to the breath or blood test to the conclusion that a person is intoxicated. Every DWI case is unique, and the right defense depends on the circumstances of the arrest. Common defense strategies include:

1. Challenging Breath & Blood Tests

  • Inaccurate BAC Results: Breathalyzers and blood tests can produce false positives due to improper calibration, user error, or medical conditions such as GERD or diabetes.
  • Chain of Custody Issues: If blood samples were not handled correctly, they may become contaminated or improperly analyzed, leading to unreliable results.
  • Rising BAC Defense: Your blood alcohol concentration (BAC) may have risen after you were stopped but before you were tested, meaning you weren’t legally intoxicated while driving.

2. Illegal Traffic Stops

  • Officers must have reasonable suspicion to stop your vehicle. If a DWI stop was based on a hunch rather than clear evidence of a traffic violation, the stop may have been illegal.
  • Any evidence obtained after an illegal stop may be suppressed, leading to a dismissal.

3. Errors in Field Sobriety Tests (FSTs)

  • Unreliable Test Administration: Officers often misinterpret results or fail to administer standardized field sobriety tests (SFSTs) correctly.
  • External Factors: Uneven surfaces, poor lighting, medical conditions, or nervousness can cause false indications of intoxication.

4. No Proof of Driving

  • The prosecution must prove you were actually driving while intoxicated. If you were found asleep in your car or involved in an accident with no witnesses, proving you were behind the wheel can be difficult.

5. Violation of Your Constitutional Rights

  • Failure to Read Miranda Rights: If officers interrogated you after an arrest without reading your rights, your statements may be inadmissible in court.
  • Unlawful DUI Checkpoints: If a sobriety checkpoint was not conducted according to legal standards, the stop may have been unconstitutional.
  • Prolonged detentions or arrests lacking probable cause. 

An experienced Pasadena TX DWI attorney will thoroughly analyze every aspect of your case to identify weaknesses in the prosecution’s evidence and fight for the best possible outcome.

A strong DWI defense strategy should challenge both the evidence and police procedures. Common defenses include:

  • Challenging Breath & Blood Tests: Questioning the accuracy of BAC test results.
  • Illegal Traffic Stops: If the police lacked probable cause, your case could be dismissed.
  • Field Sobriety Test Errors: Officers often misinterpret test results.
  • Lack of Evidence: The State must prove intoxication beyond a reasonable doubt.

What Happens at Your First Court Appearance for a Pasadena DWI?

Your first court date typically occurs within a week after release in a Harris County court. Here’s what to expect:

  1. Bond Conditions Review – The judge will confirm your bond conditions, which may include alcohol monitoring or travel restrictions.
  2. Legal Representation Discussion – You must confirm whether you’ve hired an attorney or need a court-appointed lawyer.
  3. Possible Drug & Alcohol Testing – Judges may order immediate testing.
  4. Future Court Dates Set – The court will schedule your next hearing.

Why Legal Representation is Critical

Having a Pasadena TX DWI lawyer at your first hearing can help reduce harsh bond conditions and protect your rights from the start.

Can a Pasadena TX DWI Be Removed from Your Record?

Yes, keeping a DWI off your record is possible. The best outcomes include:

  • Case Dismissal – Charges dropped due to lack of evidence or legal errors.
  • Not Guilty Verdict at Trial – If you win at trial, you are eligible for expunction.
  • Expunction Process – If your DWI case is dismissed or you are found not guilty, you can erase the charge from your record.
  • Non-Disclosure (Record Sealing) – If you receive deferred adjudication, your record may be sealed under certain conditions.

Frequently Asked Questions (FAQ)

Can a DWI be dismissed or reduced in Pasadena, TX?

Yes. A DWI charge can be dismissed or reduced, but it depends on the circumstances of the case. Dismissals often occur when evidence is insufficient, police procedures were flawed, or constitutional rights were violated.

  • Dismissal: If the prosecution cannot prove intoxication beyond a reasonable doubt, or if key evidence (such as a breathalyzer test) is successfully challenged, the case may be dismissed.
  • Reduction to a Lesser Charge: In some cases, a DWI can be plea-bargained down to a reckless driving charge (often called “wet reckless”), which carries fewer penalties than a DWI.
  • Pretrial Diversion Programs: First-time offenders may be eligible for pretrial diversion, allowing them to complete a program in exchange for dismissal

How long does a DWI case take in Pasadena, TX?

Most DWI cases take between 6-12 months to resolve, depending on court schedules and case complexity.

Will I lose my license after a DWI in Pasadena?

In Texas, after a DWI arrest, you face a possible suspension from an Administrative License Revocation (ALR) case or after a conviction in some circumstances. You may face an ALR suspension if: 

  • Refuse a breath or blood test
  • Have a BAC over 0.08
  • Do not request an ALR hearing within 15 days

Do I have to install an ignition interlock device?

For repeat DWIs or BAC levels above 0.15, judges often require an ignition interlock device (IID).

Can an undocumented immigrant be arrested for DWI in Pasadena?

Yes. Undocumented individuals arrested for DWI may face immigration holds. Posting bond quickly is essential to avoid ICE detention while in custody at the Pasadena Jail or Harris County Jail.

What should I wear to court for a DWI case?

Dress conservatively—like for a job interview. Avoid casual clothing and anything that may appear disrespectful to the court.

Why should I hire a Pasadena TX DWI attorney?

DWI cases involve scientific evidence, police testimony, and strict legal procedures. A skilled DWI defense lawyer can challenge weaknesses in the prosecution’s case and fight for dismissal or reduced penalties. Pasadena DWI lawyer Jose Ceja has extensive experience with all aspects of DWIs and has spent hundreds of hours studying the science of breath and blood testing. 

Is my driver’s license immediately suspended after a DWI arrest?

No. If your license was valid prior to your arrest, it will remain valid if a request to fight an ALR suspension is made within 15 days. You can always check the status of your driver’s license at the Texas Department of Public Safety license eligibility page. 

Why Choose Ceja Law Firm for Your Pasadena DWI Defense?

  • Board Certified in Criminal Law by the Texas Board of Legal Specialization
  • Recognized as a Texas Super Lawyer
  • Former Prosecutor with Extensive DWI Experience
  • Deep Knowledge of Breath & Blood Testing Procedures
  • Certified in Police Sobriety Testing
  • Proven Track Record of DWI Dismissals & Not Guilty Verdicts
  • Former Prosecutor with Extensive DWI Experience
  • Deep Knowledge of Breath & Blood Testing Procedures
  • Certified in Police Sobriety Testing
  • Proven Track Record of DWI Dismissals & Not Guilty Verdicts

Call a Pasadena TX DWI Attorney Today

If you or a loved one has been arrested for DWI in Pasadena, TX, don’t wait to take action. Hiring an experienced DWI defense attorney can make a huge difference in your case. Call Ceja Law Firm today for a free consultation.