In Texas, an enhanced DWI charge takes harsh consequences and makes them harder on you. When charged with a DWI in Texas, you already face the potential of steep fines, community service, increased insurance requirements, and even jail time. When other factors impact your case, the court has the option to increase those penalties quite drastically. 

Whenever present, aggravating factors give the court reason to enhance your sentence if they convict you. There are a few common aggravating factors that impact Texas DWI cases, and we’ll cover them here. 

If you face DWI charges, you need a Houston DWI lawyer who understands the court systems. As your advocates in and out of court, we work to reduce or dismiss your charges, always fighting for your best interests. Contact us today for a free consultation!

Enhanced DWI: Common Factors That Enhance Charges 

Prior DWI Convictions 

With a prior DWI conviction on your record, the minimum jail sentence associated with your charge increases. Texas law takes driving while intoxicated (DWI) cases very seriously. The public policy behind this increase assumes that with a prior charge on your record, you didn’t learn from your last conviction. 

However, when you have the right Houston DWI lawyer on your side, you have an advocate to keep your charges down from enhanced DWI. When possible, we work to keep prior convictions out of consideration. 

Open Container of Alcohol in the Vehicle 

If an open container of alcohol was found in the vehicle you were operating while intoxicated, you face a potential mandatory six-day jail sentence. Separate from a DWI, driving with an open container of alcohol is its own crime. Unless you are underage, this typically results in a fine. 

Underage Drinking

Per Texas law, there are two types of charges associated with intoxication: driving under the influence (DUI) of drugs and driving while intoxicated (DWI). DWI applies to drivers aged 21 or older who are driving drunk. 

DUI charges apply to underage drivers who drive under the influence. This is because an underage driver does not need to be legally intoxicated in order to face charges. Moreover, they may face additional charges pertaining to underage drinking. 

Elevated BAC 

In Texas, a high BAC can elevate your charge to an aggravated DWI. When your blood alcohol content (BAC) level was .15 or higher, the court might charge you with a Class A Misdemeanor. As your advocate, a Houston DWI lawyer will fight to protect your rights in the courtroom. 

Our DWI defense team will analyze every aspect of your case to ensure the arresting officer followed proper procedure. When we find any flaws or discrepancies in the process, we use these to your advantage.

Minor in the Vehicle 

When you have a minor under the age of 15 in the vehicle while drunk driving, you face a felony DWI. As you can imagine, the consequences for these aggravated DWI charges are quite dire. When you face a felony DWI, it is essential that you hire an experienced Houston DWI lawyer with a proven track record for success. 

Causing Accidents and Injuries 

When drunk driving results in an accident that leads to a severe injury, the penalties you potentially face grow much harsher. 

Enhanced DWI? Call on the Houston DWI Lawyers at Martinez Law Firm

When it comes to enhanced DWI charges in Texas, the State provides courts with many opportunities to enhance the penalties of your case. Your sentence may hinge on a broad spectrum of circumstances and facts within your case. That’s why it is crucial that you have an experienced Houston DWI lawyer on your side to protect your rights and your future.  

Have you been arrested for a DWI in Houston? Our criminal defense attorneys are here to help you. When you schedule a free consultation, we advise you on the best course of action. Our defense team guides you throughout the process so that you fully understand the details of your case.

Schedule your free consultation today to see how Martinez Law Firm can protect you!

How Does a DWI Affect Car Insurance in Texas?

As Houston DWI lawyers, our clients often wonder how a DWI affects car insurance rates. It’s important to understand that a DWI conviction guarantees your car insurance premiums will never be as low as they were before your conviction. This is because insurance centers around risk management.
If you are found guilty of driving while intoxicated (DWI), insurance companies label you as “high risk.” Additionally, they can restrict certain coverage as well. A DWI conviction comes with numerous long-term consequences. Worse than increased rates, though, is the potential that an insurance company may cancel your policy once a DWI is on your record.
After conviction, a DWI appears on both your driving record and your criminal record. This tells insurers that you put their policyholders at risk of having to settle a substantial personal injury claim or even a wrongful death suit. Should they decide to cancel the policy of a drunk driver, they view it as a way to protect themselves and their other customers.
That’s why you need an experienced Houston DWI defense attorney to fight for your best interests. When you schedule a free consultation with our legal team, we review your case and help guide you through the process. However, it’s essential that you act fast.

What’s an SR-22?

Today, most states require insurance companies to provide the Division of Motor Vehicles that someone secures vehicle insurance after a conviction. Typically, the procedure is for the company to forward an SR-22 Proof of Insurance Certificate before the DMV revokes a suspension of your driving privileges.
From then on, if the policy lapses or is canceled by any means, the state is notified, and you will be legally unable to drive until you once again secure an insurance policy. However, it is important to understand the SR-22 itself is not an insurance product. This certificate simply indicates financial responsibility, and the actual requirements differ from state to state.

Lower Your Premiums with Proactive Work

A convicted drunk driver can take certain actions in order to lessen the financial burden of their insurance premiums. After a DWI conviction, it’s vital to maintain a clean driving record. This includes any minor infractions, such as speeding. However, it is crucial that you do not drink and drive again because it only exacerbates your legal and insurance issues.
One thing you can do is enroll in a safe-driving course and forward the information to your insurance company after you complete the class. Another way to combat these costs is to work towards improving your credit score by paying bills on time and working to lower your debt. These actions can have a positive impact on your premiums.

Work with a DWI Lawyer to Save Your Car Insurance

A DWI conviction is not the end of the world, but it drastically alters your life. Outside of higher auto insurance premiums, you face fines and potential jail time. With a DWI on your record, it can also make finding work or a place to live far more difficult. Positive steps help, but the most positive thing you can do after a DWI arrest is to call on a Houston DWI lawyer.
With the right DWI defense team on your side, you have advocates to pursue your best interests. At The Martinez Law Firm, we have decades of experience helping individuals reduce or even dismiss DWI charges. Results vary from case to case, but our team understands the process inside and out. Call now to schedule a free consultation. Let us show you how to fight for your future.

Will my DWI Case Cause Me to Get an Ignition Interlock Device?

An ignition interlock device (IID) may be an unfortunate consequence of a driving while intoxicated (DWI) charge. DWIs are unique charges because sentencing incorporates many different conditions. Installing an IID is just one possibility. For those who are repeat DWI offenders, it is most likely that a judge will order the installation of the device.

What Is an Ignition Interlock Device?

An ignition interlock device is quite similar to a breathalyzer. However, the key difference it is in your car. When installed, this device requires that you submit a breath sample before you can start the car. The purpose of the device is to deter DWI offenders from drinking alcohol. Whenever the device any alcohol, it locks down the engine.

These devices are a hassle for daily life, not to mention both embarrassing and expensive. When sentenced to install the device, you are expected to pay for the installation as well as the monthly rental costs. That’s why it is so vital for you to have an experienced Houston DWI lawyer on your side. With the right representation, you lawyer is an advocate who can fight to reduce your charges and help you avoid costly punishments like the IID.

Texas Law and IIDs

As we’ve mentioned before, Texas takes drunk driving very seriously. The DWI laws concerning the ignition interlock device are located under the Transportation Code and Penal Code. Oftentimes, first-time offenders do not face an IID penalty. Some judges consider a first-time DWI as an uncharacteristic lapse in judgment and allow some leeway. However, it is vital that you have a Houston DWI lawyer on your side to fight for the best potential outcome.

For repeat offenders, Texas Penal Code § 49.04(h) states that a second or subsequent DWI within 5 years of your first offense requires the installation of an IID. Moreover, it requires the installation of an IID on every operable vehicle that you own. This means you face mounting costs that you have to bear for months to come.

Aggravated DWI cases may lead to the installation of an ignition interlock device as well. Circumstances such as child passengers or a BAC of .15 turn a DWI into an aggravated DWI. When you are charged with an aggravated DWI, judges are more likely to impose IID requirements.

Vehicles You Might Be Able to Drive Without an IID

• The vehicle is used for work.
• An employer owns the vehicle.
• You have no control or authority over your employers.
• Your employer is aware of your driving restriction.
• There is proof of notification kept in the work vehicle.

Your Houston DWI Lawyer and Ignition Interlock Devices

When you or someone you know is charged with drunk driving, it is vital that you seek out experienced legal counsel. In Texas, a DWI is serious charge with severe consequences that range from fines to incarceration. Moreover, you could wind up with an ignition interlock device that restricts your ability to move freely through Harris County.

Call on the expert team at The Martinez Law Firm to speak with an experienced Houston DWI lawyer. At our criminal defense firm, we understand the ins and outs of Texas DWI cases. Our criminal defense attorneys know how to evaluate cases and map out defense plans that work. Contact us today to schedule a free consultation and learn more about your options.

At The Martinez Law Firm, we represent clients throughout Houston and Harris County to ensure they have the advocacy that DWI charges require. Reach out today and let us show you how can protect your future.

I Don’t Know Where to Go for My DWI Case

If you face a Houston DWI case, it often comes with intense pressure. Because a conviction can cost thousands of dollars and the loss of your license, the stakes are incredibly high. However, this is likely only the beginning of your stress. If this is your first arrest, the entire process may seem overwhelming, daunting.

With dozens of courts in and around Houston, it’s hard to know where you’re supposed to be. You likely have a lot of questions, and our DWI defense team has the answers. While this post provides a general overview of what you might expect, it’s important that you schedule a free consultation with our team. You need to know your options, and we can offer key insight into the process.

The Court System in the Houston Area

How your Houston DWI case processes depends on the county in which you were arrested. As the 4th-largest city in the United States, Houston’s population spreads across multiple counties with people often commuting or traveling through and between them. Each county has its own set of courts, and the ways in which they process can vary drastically. The three largest counties in the area are Harris, Montgomery, and Fort Bend.

By far, Harris County is the largest, with over 4 million residents – more than the other nearby counties combined. Fort Bend is the second largest with over 500,000 residents, and Montgomery is third, with over 455,000.

Courts Hearing Houston DWI Cases in Harris County

With millions of residents, it’s no surprise that the court system in Harris County is quite vast. Which court hears your case depends in part on whether you are charged with a felony DWI or a misdemeanor.

Criminal Courts

When you are charged with a misdemeanor DWI, your case is often assigned to a Harris County Criminal Court of Law. These courts have exclusive jurisdiction over Class B misdemeanors. Additionally, they cover Class A misdemeanors with fines that do not exceed $4,000. Harris County has 16 criminal courts, and they are housed in the Harris County Criminal Justice Center downtown.

S.O.B.E.R. DWI Courts

Among the Harris County Criminal Courts at Law, 5 are designated as S.O.B.E.R. DWI Courts. An acronym for Saving Ourselves By Education and Recovery, this is a DWI program exclusive to the county. It operates as a rehabilitation program for offenders with a high-risk DWI. Through this program, you might substitute incarceration with a treatment program. Not every defendant qualifies, and this program is voluntary.

It is crucial to understand that even when eligible, this program is not for everyone. It requires strict adherence to the rules and the terms set forth by the court. Otherwise, you risk jail time. While these courts appeal to many individuals, it is not always in your best interest to participate in the program. Before you enter any type of plea in a Houston DWI case, it is essential that you consult an experienced Houston DWI lawyer like those at The Martinez Law Firm.

District Courts in Harris County

When you are charged with a felony DWI, or any felony involving alcohol, your case is sent to the Harris County District Courts. These courts hold exclusive jurisdiction over felonies that carry a prison sentence longer than 180 days. There are 22 of these courts in Harris County.

Work with an Experienced Houston DWI Lawyer

Are you facing a Houston DWI case? Figuring out how to move forward when arrested for a DWI is a difficult undertaking. However, you do not need to face these charges alone. At The Martinez Law Firm, our DWI defense attorney knows how to guide clients through the Houston criminal justice system and has decades of experience doing so. When you need a DWI lawyer, our credentials are unmatched.

You need someone well-versed in criminal defense cases throughout the Greater Houston Area. Contact our law firm today to schedule a free consultation and case evaluation. Let us help you understand and explore your options.

Texas DWI: What Police Look For 

A Texas DWI is a serious matter, and it requires experienced legal representation. With decades of experience as a Houston DWI lawyer, Herman Martinez knows the ins and outs of law enforcement and court procedures in regard to drunk driving in Harris County. Let us go in-depth about driving drunk indicators that officers look for.

From speeding to missing taillights, police look for any legal reason to pull someone over to examine them for signs of impairment. Below, we want to provide you with a list of signs police officers look for as they decide whether someone might be intoxicated – before and after they pull them over. 

What Driving Drunk Indicators Do the Police Look for When They Search for Drunk Drivers? 

Per research from the National Highway Traffic and Safety Administration (NHTSA), the police have a long list of signs to pull from to determine when a person is likely driving while intoxicated.

Here’s a list of some common indicators for drunk driving:

• Straddling the center lane markings
• Swerving 
• Almost hitting an object or other vehicle 
• Drifting 
• Stopping in a traffic lane without cause
• Following another vehicle too closely
• Driving more than 10mph below the posted speed limit
• Erratic braking
• Weaving 
• Driving on something that’s not a designated roadway
• Delayed response to traffic signals
• Using signals inconsistent with actions 
• Abrupt or illegal turns
• Driving at night with headlights off 
• Rapid acceleration or deceleration 
• Making wide turns 
• Driving into oncoming traffic

Curiously, the NHTSA does not list speeding as a sign of drunk driving. Oftentimes, a prosecutor can argue that speeding depicts “risk-taking” behavior related to impaired judgment. However, many officers admit that in reality, a majority of sober people speed at night due to more favorable traffic conditions. 

Texas DWI: What Officers Look for After Pulling You Over 

When it comes to Texas DWI cases, it’s important to remember that law enforcement officers do not always have medical training. Moreover, you are not legally required to submit to a field sobriety test. These notoriously inaccurate tests only help the arrest officer build their case against you. 

Here are some traditional signs of intoxication that many officers are taught to look for:

• Glassy, bloodshot, or red eyes
• Slurred speaking 
• Loss of balance as you exit the vehicle 
• Smell of alcohol
• Swaying 
• Lack of comprehension of questions 
• Inappropriate behavior – combative, jovial argumentative, etc
• Stumbling 
• Inability to follow instructions 
• Fumbling wallet, license, etc 
• Lack of awareness 
• Flushed face 

Facing a Texas DWI? Hire a Houston DWI Lawyer

In Texas, DWI consequences are severe. When you face a DWI conviction, the impact can spread throughout your life. That’s why you need an advocate on your side who understands your situation and how the system works. 

At The Martinez Law Firm, our DWI defense team provides legal representation that acts in your best interests. When you face DWI charges in Harris County, contact the criminal defense attorneys at our firm for a free consultation. We specialize in the complex field of Texas DWIs. At your consultation, your attorney will review your case and guide you through the best strategy available. 

Helpful Hints to Let You Know You’re Too Drunk to Drive

As Houston DWI Lawyers, we know how easy it can be to slip up. Maybe you meet with your friends to grab a drink, and it turns into a few more throughout the course of the evening. Know when you’re too drunk to drive to make that decision. Should you get in your car to drive home, or it better to call an Uber and play it safe?

If you have to ask yourself “Am I too drunk to drive,” it’s probably best to open that ride-sharing app. Frankly, this is the easiest way to know when you’re too drunk to drive. If you think you might be, you probably are. However, when you need a little reassurance, we’ve gathered a few tips to help prevent you from drunk driving.

Understanding Your Limits

Any responsible adult should know their limits when it comes to drinking. With today’s plethora of alternative transportation options, it’s easy to have a back up plan, even on the fly. When you drink, it’s easy for the impaired mind to rationalize, though. You convince yourself that you’re okay to drive. In reality, you might not be.

When you understand your limits ahead of time, you can avoid going over your limits. More importantly, you can avoid DWI charges and the severe toll they have on your personal and professional life.

1 Hour = 1 Drink

On average, the body processes about one alcoholic drink per hour. However, this doesn’t mean that you can take down those 5 drinks in a single hour and wait around 5 hours before you get behind the wheel.

Instead, it’s important to pace yourself, using your best judgment. Remember that this differs based on your body. Smaller-than-average people, for example, might need more time for their body to process each drink.

Calculating Your BAC

Your BAC is your breath/blood alcohol content. Your body weight is a major factor when it comes to long it takes you to process alcohol. There are some sophisticated apps and calculators that help you consider the following factors in order to estimate your BAC.

• Time
• Number of drinks
• Types of drinks
• Weight

In Texas, the legal limit for your BAC is 0.08. When you approach this level, it’s important to find a safer ride. When you surpass this level, you risk Driving While Intoxicated (DWI) charges in addition to putting your fellow Houstonians at risk on the road. Meaning you’re too drunk to drive. Should you find yourself facing DWI charges, contact our Houston DWI lawyers immediately.

Your Houston DWI Lawyer

When you face a DWI conviction, it’s important to have an experienced Houston DWI defense attorney on your side. At The Martinez Law Firm, we advocate for our clients’ best interests to help them avoid the severe consequences of a DWI in Texas.

If you’ve been arrested for a DWI, it’s important to act fast. Call our legal team today to schedule a free consultation.

Houston DWI Fines: How to Reduce DWI Charges

In Houston, DWI fines are nothing to scoff at when charged with this crime. Texas takes driving while intoxicated (DWI), or drunk driving, charges quite seriously. From maximum fines in the thousands to jail time and interlock devices, the penalties for a DWI can be quite severe. Moreover, these penalties change based on certain factors. 

Nevertheless, a Houston DWI lawyer like Herman Martinez can fight to reduce your charges or potentially even get them dismissed. When you face DWI charges, it is crucial to call on a DWI defense attorney to discuss the unique details of your case. A DWI conviction has severe financial and personal consequences, even for first-time offenders. 

What Are the Penalties for a DWI? 

In Texas, you are legally intoxicated when you lose the normal use of your mental or physical faculties or your blood/breath alcohol concentration or BAC reaches 0.08%. A BAC at .15% or over raises the penalties to the same as a second offender, even if it is your first offense.

First offense

• Up to a $2,000 fine
• Up to 180 days in jail upon conviction
• The potential loss of driver’s license up to 1 year

Second offense

• Up to a $4,000 fine
• Up to 30 days to a year in jail
• Loss of driver’s license for up to 2 years.

Third offense

• A $10,000 fine.
• 2 – 10 years in prison
• Loss of driver’s license up to 2 years

DWI Charges with a Child Passenger 

An example of the variables that significantly change your case, having a child passenger as you drive drunk drastically increases the penalties of your DWI. 

• Charges of child endangerment when you drive drunk with children under the age of 15
• Fines up to $10,000 
• Up to 2 years in jail
• Potential loss of driver’s license for up to 180 days

Can I Reduce Houston DWI Fines? 

While many other states have anti-plea-bargaining laws in place for DWI offenses, Texas allows prosecutors to offer reduced charges in certain cases. Your Houston DWI defense attorney fights to negotiate with prosecutors to lower your DWI charges. 

When your lawyer has your charges reduced, it means the charge lowers in severity to that of a lower crime. Oftentimes, this leads to more leniency with fines, jail time, and other restrictions resulting from the case. 

What Are Some Examples of Reduced DWI Charges? 

• Having the DWI case dismissed 
• A “No Bill” return at your indictment hearing, which means the state drops the case
• Felony DWI reduced to a misdemeanor
• Removing illegally obtained BAC evidence through pre-trial motions 
• Negotiating a plea bargain for a lesser charge

These are just certain examples of how to avoid Houston DWI fines through reduced charges. When you hope to pursue avenues such as these, it is crucial that you hire an experienced Houston DWI lawyer to act as your advocate in Court. 

When you face DWI charges in Harris County, call on the DWI defense team at The Martinez Law Firm. With decades of experience as a former Judge and Chief Prosecutor, we know the system to advocate for your best results.  Contact us today to schedule a free case consultation.

Need to Know After a DWI Arrest in Houston 

After a DWI arrest in Houston, you might feel overwhelmed or intimidated. For many people, it is their first time dealing with the law. When the officer reads you your rights and books you into jail, it is no laughing matter. Everything that follows the arrest simply compounds the fear and pain. It’s a confusing time. 

However, when you have the right knowledge of the process, it is much easier to make it through. Herman Martinez is a DWI lawyer in Houston with a great deal of experience helping to dismiss. Through the guide, we help you understand the DWI process in Houston and surrounding areas. 

If you still have questions after reading or need representation, contact our offices for a free legal consultation today. 

What to Know Following a DWI Arrest in Houston 

After a DWI arrest in Houston, a lot can happen. It’s crucial to understand the overall processes that happen. 

• The administrative process decides the future of your driving privileges. 

• The criminal process determines your guilt or innocence, potentially establishing a permanent criminal record. 

The Costs of DWI Arrests 

When you want to fight your charge with a lawyer, there are costs. These costs have an impact on your bank account as well as your future. 

What Should I Do After a DWI Arrest in Houston, TX? 

Following your DWI arrest, there are a few things you should keep in mind. 

• Do not speak to the police aside from providing identification such as your name or address. 

• At your arraignment, do not plead guilty. 

• Within 15 days, request an ALR – administrative license revocation hearing. 

• Contact a criminal lawyer as soon as possible 

When you have a DWI lawyer on your side quickly, they can represent you at the arraignment hearing. Moreover, they can request the ALR hearing and provide representation there as well. 

Your Houston Lawyer 

Of all the things you should do after a DWI arrest in Houston, contacting a DWI defense attorney is crucial. You need an advocate on your side committed to your best interests. Oftentimes, a trial is your best bet to obtain your best result.

A DWI defense is about more than avoiding a conviction. It is about your future and your reputation. What you do after a DWI arrest makes a huge difference in your life. Simple mistakes are detrimental to your future, so you need the right lawyer at your side. 

Contact The Martinez Law Firm today to learn more about your options for DWI defense. 

DWI in Texas: Can You Lose Your Job?

Can you lose your job in Texas when you get a DWI? Avoid a DWI conviction, it’s not worth your job. In Texas, employment is at-will, which means your employer does have the right to fire you upon a DWI conviction in many cases. Legal statutes prevent your boss from firing you for a variety of reasons protected by the Equal Employment Opportunities Commission. However, these laws do not apply to criminal convictions.

Union and government workers have some additional protections from at-will termination. Unfortunately, though, a majority of Texas workers do enjoy these protections. Therefore, your employer more than likely has the right to terminate your position when you get a DWI in Texas.

A majority of employers likely won’t terminate you without a specific cause. Still, it’s important to avoid having a DWI in Texas for this reason and many others. If you face DWI charges, a lawyer can help you avoid the complex unemployment program in Texas.

What Jobs Have a Higher Chance of Termination for a DWI in Texas?

While many employers have the option to fire you for a DWI in Texas, some companies have their hands forced in drunk driving cases.

Driving or Operating Heavy Machinery

When driving is a core aspect of your job duties, your employer may have restrictions on their insurance that do not allow them to keep you employed. Jobs that require the operation of heavy machinery or where safety is an issue are likely to face a similar problem.

Moreover, truck drivers should remember that they could lose their commercial driver’s license (CDL) over a DWI in Texas. After a commercial DWI, your employer has no choice but to let you go.

Jobs Involving Children or At-Risk Adults

People who work with children, such as a therapist or teacher, may face termination of a DWI conviction. This is because drunk driving convictions create potential liability issues. Similarly, you might lose your job over a DWI when you work with vulnerable adult populations. This includes the elderly as well as special needs adults.

Sensitive Data or Financial Assets

When your job involves financial assets or sensitive information, you face termination because your conviction makes you a criminal. These assets range from securities and medical assets to insurance, real estate, and banking. However unrelated your conviction is, it puts your employment at risk.

Professional Licenses

A majority of the professional licensing boards in Texas reject applications with DWIs on their records. Similarly, a DWI in Texas can result in losing your professional license. Teachers, realtors, and nurses all require professional licenses. A DWI conviction puts your livelihood in jeopardy. Even outside of these industries, a DWI conviction puts your job at risk.

Avoid Getting Fired for a DWI in Texas

When you have a DWI on your record, the best thing to do is be upfront and honest. Eventually, every employer finds out, so staying ahead of it is of benefit to you. If you make it clear that this DWI in Texas was a one-time occurrence, they might be understanding.

Of course, your best bet is to avoid a DWI conviction altogether. Herman Martinez is a lawyer with decades of experience helping people mitigate DWI charges. Schedule a free consultation to explore your options. Our DWI defense attorneys fight to reduce or dismiss your charges, always pursuing your best interests.

Contact the legal team at The Martinez Law Firm today to schedule a free case evaluation.

Controlled Substance DWI: What Is It? 

Oftentimes, a controlled substance DWI comes as a surprise to many. Typically, people associate driving while intoxicated (DWI) laws with alcohol and nothing more. However, Texas law does not agree with them. Because the effects of controlled substances are at times similar to alcohol, the law views intoxication the same.

The vast majority of controlled substances may have an impact on your driving because they impair your motor functions. Even some prescription drugs could lead to a controlled substance DWI in Texas. 

If you or a loved one faces charges for a DWI that involves drugs, contact an experienced DWI attorney. At The Martinez Law Firm, we have decades of experience with DWI defense cases. Contact us today for a free consultation. 

Do DWI Laws in Texas Include Drugs? 

A controlled substance DWI is a serious charge in the state of Texas. While many believe that only alcohol leads to DWI charges, the truth of the matter is that driving while intoxicated due to the use of drugs can also lead to a DWI.

Per Texas Penal Code § 49.04, you commit a DWI when you: 

• Operate a motor vehicle on a public road and 

• Your BAC is at or above .08 OR

• You have lost the normal use of your mental or physical faculties due to the use of a controlled substance of alcohol

With alcohol, law enforcement may have a much easier time detecting intoxication. Moreover, a chemical test and field sobriety test allows them to assess your physical and mental condition. When it comes to a controlled substance DWI, it is a bit more complex.

Controlled Substance DWI Testing 

Oftentimes, the police default to blood or urine analysis when they suspect drugs are what caused the driver to drive intoxicated. However, neither of these processes are perfect. This is because traces of some drugs remain in your system long after their effects have worn off.

For instance, marijuana has the potential to stay in your system for two weeks, even when you do not use it regularly. This is because the metabolites and other chemical components remain in your body for days or even weeks after using the drug. The police might charge you with a controlled substance DWI because drugs you used days ago appeared in your test results. 

While blood tests are more accurate in terms of drug use, this analysis still has problems. For example, human error can lead to a false positive when a lab technician makes even a slight mistake. Additionally, outdated equipment in a crime lab can lead to incorrect results. 

People often ask DWI defense attorneys whether they should submit to DWI testing. Typically, attorneys respond with, “No, you should not comply.” 

When you refuse a test, it makes their job more difficult because they need to rely on objective or circumstantial evidence if they do not obtain a search warrant to obtain your blood.

Charged with a DWI for Controlled Substances? Call A Lawyer 

If a controlled substance led to a DWI for you or someone you know, it is crucial to contact an experienced DWI defense attorney. It would be best if you never took chances with DWI charges because they can have a severe impact on your life. 

Contact The Martinez Law Firm at (713) 242-1779 today to schedule a free consultation with our trusted legal team. At your consultation, we can discuss your charges and set the path for your defense.