Get Help with Your First DWI

how to fight your first DWI

Navigate Your First DWI in Texas with a DWI Lawyer 

In the state of Texas, drinking and driving is a serious offense. With a DWI in Texas, you face severe penalties regardless of whether it’s your first, second, or third DWI. Your first DWI in Texas is a class B or A misdemeanor. If the court convicts you, it can cost you thousands of dollars in fines and up to one year in the county jail. However, these are still the lesser of the punishments you could face when your situation is more complex. 

A Houston DWI defense attorney can help you navigate the proceedings and advocate to reduce or dismiss your charges.

Houstons Rise of DWI Cases

As Texas began to reopen earlier this summer, we saw an increase in DWI cases in Texas. According to the Harris County District Attorney’s Office, 278 people were charged with DWI over the course of the Memorial Holiday weekend. This is just 43 cases fewer than the same long weekend in 2019. 

“As things began to open up and restrictions ease, you saw a gradual increase (in DWIs),” Sean Teare, head of the Vehicular Crimes Division of the Harris County DA’s Office was quoted saying. “We’re in the middle of a pandemic, we have bars and restaurants open at 25 percent capacity, and we see no drops as in years past. My concern is as we open up, you’re going to see more people try to make up for a lost time, so to speak.”

Typically, when the police arrest someone for a crime in Texas, they don’t receive any penalties until they receive a conviction from the court. However, this is not true for drunk driving in Texas. 

A first-time DWI offender is likely to face administrative penalties before they go to court. Should they go to court and receive a conviction, they may face criminal penalties.

Your First Penalty: Suspension of Your License 

When you fail or refuse to take a chemical test, Texas law allows the officer to seize your license. Then, you receive a “Notice of Suspension” from them. This notice allows you to drive, functioning as a temporary driving permit. 

You have 15 days to request a hearing to save your license. Otherwise, you can continue to drive on the temporary permit for 40 days. However, it is important to know that when you do not contest the decision, your license will be automatically suspended anywhere from 90-180 days. 

The good news is that if your driving privileges get suspended, you can apply for an occupational license. This license restricts all your driving privileges except the allowance to drive to school, work, and essential locations.

To obtain an occupational license, you must agree to an ignition interlock device and provide evidence of an SR-22.

The Second Penalty: Potential Criminal Penalties

Oftentimes, a first conviction is a class B misdemeanor. There are exceptions to this, though, which include a blood alcohol content (BAC) of .15 percent. The legal limit in Texas is .08 percent. When you hit or exceed .15 percent, it becomes a class A misdemeanor. 

Upon conviction of a DWI in Texas, you receive a fine, a jail sentence, or both. The maximum penalties are $2,000 for class B and $4,000 for class A. Your potential jail sentence could range from 72 hours to 6 months (or a year for class A). 

These fines and sentences are standard. However, even for a first-time DWI in Texas, there’s more. 

  • Probation 
  • DWI Education 
  • Community Service 
  • Further License Suspension

When the suspension of your license ends, you may also have to pay an annual surcharge for three years. This surcharge is often between $1,000 and $2,000. 

Potential Additional Penalties for DWI in Texas 

While the penalties above cover the DWI in Texas, the situation may call for additional penalties. For instance, when you are caught drunk driving with a minor in the car, you face escalated penalties. DWI with someone under 15 in the vehicle is a felony, and your fine can increase up to $10,000. You may also face up to two years of State jail time. 

If you get in an accident where someone dies, the charge can include Intoxication Manslaughter, which is a second-degree felony. This crime can give an offender 2-20 years in the Texas Department of Corrections

Examples of DWI Defense Plans 

While a DWI in Texas is incredibly serious, you have legal arguments when pulled over while intoxicated but have a good reason. Oftentimes, it is not possible to argue that you weren’t intoxicated unless the tests prove it. Instead, some DWI defense plans include: 

  • Drove because an officer told you to 
  • Drove drunk out of necessity
  • Was not intoxicated at the time of the arrest

In other cases, you may be able to argue a technicality. 

  • Improper or unlawful traffic stops
  • Chain of custody issues for blood tests
  • Inaccurate field sobriety tests

You may refuse a blood test or chemical test.

You Need a DWI Lawyer 

A DWI in Texas is one of the most common crimes. Sometimes, drivers do not take DWIs as seriously as they should. However, treating them as inevitable is a mistake because the state takes them quite seriously. 

Have you been arrested for a DWI in Texas? Call on our DWI defense attorneys to stay in control of what happens next. 

7 DWI Consequences an Attorney Needs You to Know

consequences of a houston texas DWI

Any skilled DWI lawyer can tell you that having a DWI on your record puts serious limitations on your freedom and your future. When you are convicted of a DWI, you could face probation, the loss of your license, and even jail time. 

When your probation ends or when your license is returned, the limitations don’t simply end. If you decide to operate a vehicle under the influence, you may find that this decision haunts you for years to come. Being pulled over for suspicion of a DWI has a significant impact on your lifestyle and reputation for years to come. 

Criminal defense attorneys in Houston TX, such as Herman Martinez, see an array of cases while serving Houston. At our law firm, we place a special focus on DWI defense and arrest for DWI because we know the impact it can have on your life. If you have been arrested in Houston Texas for driving while intoxicated, call our law offices today.

A DWI Harms Your Reputation 

If you are charged with a DWI, your mugshot is taken, processed, and posted online. Left there, it can impact your personal and professional reputation. An experienced DWI defense attorney knows how to prevent this from happening. Even after an arrest, there are steps an attorney can take to help you have these charges removed from your record. 

An Interlock on Your Vehicle 

In Harris County, you may be required to install an interlock ignition device on your vehicle. An Interlock is installed on the ignition of your vehicle. This device requires you to test your blood alcohol content before you are able to start your car. Oftentimes, you must pay for the installation of this device as well as a monthly fee to have it recalibrated. 

Without this device fitted, the state may refuse to allow you to drive. If you find yourself facing a difficult case, hire a trusted Harris County DWI lawyer so that you have an advocate on your side to fight for your best interests. 

A DWI Can Increase Your Car Insurance Premium 

The premium you pay for care insurance is based upon how risky the insurance company believes you are behind the wheel. Having a DWI on your record makes you a high-risk driver, meaning that insurance companies may elect not to provide you with insurance. When they do, they have the opportunity to charge you a higher premium than you might pay otherwise. 

Custody Battles at a Disadvantage 

Your reputation is impacted in more ways than one. Another possibility is that a recent DWI charge may be used against you if you are engaged in a custody battle. The judge may view a DWI charge as a sign of a drinking problem and deem you an irresponsible parent. 

Employment Difficulties 

Regardless of your progression, a DWI charge is a blemish on your record. You may find your employment at risk, and finding new employment can become quite difficult. Doctors, teachers, and other individuals in “respectable” fields may be unable to obtain a license in their respective fields with a DWI. 

Travel Limitations 

Many states place travel limitations for those on probation. You may be required to request permission from your probation officer before you are allowed to travel. After your probation ends, you may still find travel difficult. Certain foreign countries won’t allow entry to visitors with minor convictions. 

Added Expenses 

When you are convicted of a DWI, you may face more expenses than you realize. From paying to get your car out of the impound lot to bail and court costs, it quickly becomes an expensive process. An experienced local DWI attorney will help you navigate these situations, recommending the best route for your situation. 

Clearing Your Name with a Local DWI Defense Attorney 

When it comes to DWI cases, expunction is difficult to obtain. Certain situations qualify for a non-disclosure of your DWI. This is often implemented to help first-time offenders. The most important thing you can do is have a skilled DWI lawyer at your side. 

Herman Martinez has over 20 years of experience defending clients in an array of criminal defense cases. His success and skill are evident in his superior ratings. If you find yourself in need of a DWI law firm, call our firm immediately and let us fight for you. 

When can a DWI be charged as a Felony in Texas?

when does a DWI become a felony in Texas?

It is important to understand that the circumstances directly surrounding your DWI arrest could greatly affect your charges. In the state of Texas, first and second time DWI convictions are only considered to be misdemeanors. You will have automatically been charged with a felony DWI in Texas if it is your third conviction.

What Could Cause a Misdemeanor DWI to Become a Felony DWI in Texas?

Certain factors could transform a misdemeanor into a felony DWI, including:

  • You are arrested for a DWI while driving a child under 15 years of age.
    • Penalties for this offense include anywhere from 180 days to 2 years in state jail and fines up to $10,000.00.
  • You are arrested for a DWI after getting in an auto accident that resulted in serious injuries.
    • Penalties for intoxication assault in Texas include incarceration for 2 to 10 years, as well as up to $10,000.00 in fines. It is also mandated by Texas law that the judge in these cases must order at least 160 hours but no more than 600 hours of community service.

What If I Was Charged With a Felony DWI in Another State?

If you are arrested in another state for a felony DWI, Texas will still be informed about your conviction. As long as the state you were charged in is a part of the Interstate Driver’s License Compact. In addition, the only states who are not members of this compact include Tennessee, Wisconsin, Massachusetts, Georgia, and Michigan.

Call Our Experienced Houston DWI Defense Lawyers

Having spent over 15 years defending the rights of the accused throughout Houston, Attorney Martinez is a top-rated legal advocate. Being rated as a Clients’ Choice DUI Lawyer on Avvo for 2012. Also named a Top DWI Lawyer by Houston Texas Magazine for 2011. In addition, Attorney Martinez has a 10.0 Rating on Avvo, which is the highest possible score he can receive. This score was from his peers for his exemplary work in the legal community.

Leave your felony DWI charges in the hands of an attorney who truly knows how to best protect your rights, call The Martinez Law Firm for a free consultation!

DWI if You Refuse a Blood or Breath Test?

refusing a blood test or breath test by staying her vehicle. Houston DWI Attorney Herman Martinez can help

Refusing a Blood or Breath Test

In Texas, the “implied consent” law means that you consent to
a test to determine the amount of alcohol in your system. The law measures intoxication by the blood-alcohol content (BAC) percentage. A measurement of .08% and above is considered over the limit. Even if you do not “feel” drunk, an officer can arrest you for being considered legally drunk. However, note an officer must have reasonable suspicion that you were driving while intoxicated to pull you over.

When you submit to the test, you have the right to request to be tested
within at least two hours of your arrest. You can even choose with a doctor
or health care practitioner to take the test for you.

How Do The Courts Convict DWI?

Although DUI refusal can leave you culpable for penalties, this cannot
be used against you should your case be brought to trial. At the same
time, prosecutors may still have mounted enough evidence for a conviction. There may also be reasons why a chemical or blood test could not be obtained at the time of the arrest.

These are some examples:

  • The judge ruled that the bodily fluids obtained were not admissible to trial.
  • The equipment failed at the scene, and could not be used for a chemical test.
  • Field sobriety tests determine that your actions demonstrated intoxication.
  • The officer provided testimony that persuades the jury you were driving drunk.
  • You refused to submit to either a chemical or blood test.

Do I Have the Right to Refuse the Test?

It does not help with the outcome of your case by refusing a blood or breath test.

These are the penalties for refusing to submit to the tests:

  • 1st offense: 180-day license suspension
  • 2nd offense: 2-year license suspension
  • 3rd offense: 2-year license suspension

You may face numerous penalties, such as the standard
DWI penalties, which could include fines, DUI classes, probation, and even imprisonment. These will be in addition to license suspension or revocation. Therefore, it is imperative that if you are facing any DWI charge, even if you believe the evidence against you has no merit, you should fight.

We at The Martinez Law Firm are known for going above and beyond to help
our clients.
Call us today and let’s get started on building your defense!

Fighting a DWI in Houston

fighting a DWI in Houston texas with herman martinez

Know Your Rights

One of the first things you need to do if you want to have any chance of
fighting a DWI in Houston, is you need to understand and exercise your legal rights. The law does not require you to submit to field sobriety tests, nor does it require you to answer an officer’s questions without having your attorney present.

Fight Evidence From Your Breath & Blood Test Results

While you are legally obligated to submit to a breath, blood, or another chemical testing, even what appears to be conclusive evidence gathered from these tests can be disproven with the help of a skilled DWI defense attorney.  Having a skilled DWI attorney fighting a DWI in Houston for you is imperative if you have any chance of winning.

Schedule Your ALR Hearing & Have the Proper Defense

You only have 15 days to schedule your Administration License Revocation (ALR) hearing, so act quickly. An attorney from our firm can also help you fight to retain your driving privileges by providing representation at the hearing.

Let a Qualified Lawyer Thoroughly Investigate Your Charges

The sooner you are able to retain counsel, the sooner we will be able to
get started on strategizing for your defense. Above all, we take an individualized, client-driven approach to each of the cases we have taken on.  Therefore, our clients are able to benefit from a defense that has been personalized to their individual situation.

Hire a Top-Rated Houston Defense Lawyer With a History of Success

If you have been arrested for suspicion of driving while intoxicated, we
advise you to waste no time in hiring a DWI attorney in Houston who you can trust to defend your rights. Furthermore, The Martinez Law Firm is a well-established criminal defense firm that has been providing legal
representation and counsel to those accused of DWI and other
criminal charges for nearly 20 years.

Attorney Martinez has received a 10.0 Superb Rating on Avvo and was named as the 2014 Avvo Clients’ Choice DUI & Criminal Defense Lawyer as well. He is well-versed on DWI laws and his track record of success clearly shows that he has the skills necessary to beat your DWI in Texas.

To get the help you need, contact a Houston attorney
from our firm now.

How to Achieve a DWI Expungement

how to get my DWI Expunged

Expunging a DWI Can Help Your Future

After you are convicted of a DWI, it is essential to eventually seek an expungement. A DWI will go on your criminal record, which potential employers can access whenever you are interviewed for a new job. Many companies won’t hire individuals that have been arrested for a crime of this nature. An expunged DWI offense can typically still be used as proof of prior conviction, but they are not visible to prospective employers, educational institutions, and credit insurers, or other entities that conduct background checks.

This means that unless you are arrested again for another DUI, it will be as if you were never arrested in the first place. You will want to pursue an expungement with the help of an accomplished DWI lawyer. In order to receive this privilege, you will need to adhere to Chapter
55 of the Texas Criminal Code.

When Can a DWI Be Expunged?

According to the Texas Young Lawyers Association, individuals can have
their records expunged if they were:

  1. Arrested for a crime that was never charged; or
  2. If the criminal charge was ultimately dismissed.

Other Exceptions for Expungement

If a person was convicted
for a crime that was later acquitted by the trial court or the Criminal Court
of Appeals, or if it was a conviction for a failure to attend school,
that record can also be expunged. In addition, if the individual was convicted of a crime that was later pardoned by the Governor of Texas or the US President, then that record can be expunged. Some juvenile offenses are eligible for expungement, as well as some alcohol offenses involving minors.

If you want more information about expungement in your case, then
contact an attorney at the firm today to learn more!