Understanding the Critical Differences Between DWI and DUI in Texas

Though often used interchangeably, DWI and DUI in Texas are distinct charges with different consequences based on age and circumstance. Here’s the essential breakdown:

Quick Answer: DWI vs. DUI in Texas

• DWI (Driving While Intoxicated): Applies to drivers 21 and older with a BAC of 0.08% or higher, or with impaired mental/physical faculties due to alcohol or drugs. This is a Class B misdemeanor (Class A if BAC ≥ 0.15%), carrying jail time, fines up to $2,000-$4,000, and license suspension.

• DUI (Driving Under the Influence): Applies to drivers under 21 with any detectable amount of alcohol in their system. This is a Class C misdemeanor with fines up to $500, community service, and license suspension—reflecting Texas’s zero-tolerance policy for underage drinking and driving.

• Key Distinction: DWI requires proof of intoxication (0.08% BAC or impairment); DUI for minors requires only any detectable alcohol, regardless of impairment level.

An arrest in Houston or Harris County triggers two separate processes: a criminal case and an administrative action against your license. Crucially, you have only 15 days from your arrest to request an Administrative License Revocation (ALR) hearing to fight the automatic suspension of your license.

Texas takes these charges seriously. A conviction’s impact goes beyond fines and jail, potentially affecting your job, professional licenses, housing, and international travel. For minors, a DUI can jeopardize college admissions and career prospects.

This guide explains Texas DWI and DUI laws, penalties, legal processes, and defense strategies to protect your future.

I’m Herman Martinez, founder of The Martinez Law Firm. With over 25 years of experience as a former Chief Prosecutor for Harris County and a City of Houston Judge, I’ve handled cases of DWI and DUI in Texas from every angle. I now use that insider knowledge to aggressively defend clients in Houston and Harris County facing these life-altering charges.

The Core Distinction: DWI vs. DUI in Texas Law

When facing a drinking-and-driving charge in Houston, understanding the specific offense is critical. DWI and DUI in Texas are not the same; they are distinct charges under Texas law, with penalties and defenses determined by one key factor: your age.

What is Driving While Intoxicated (DWI) in Texas?

Driving While Intoxicated (DWI) applies to adults 21 and older. A DWI arrest in Harris County means you’re charged under Texas Penal Code Section 49.04 for operating a motor vehicle in a public place while intoxicated.

Texas law defines “intoxicated” in two ways. You are legally intoxicated in Texas if you have a blood alcohol concentration (BAC) of 0.08% or higher. You are also considered intoxicated if you lack the normal use of your mental or physical faculties due to alcohol, drugs, or a combination of substances.

This means an officer’s subjective observation of impairment (slurred speech, stumbling) can lead to a DWI charge, even with a BAC below 0.08% or without a test. Conversely, a BAC of 0.08% or higher is sufficient for a DWI charge, regardless of how you felt or drove.

A first-time DWI is typically a Class B Misdemeanor, but this can be liftd to a Class A Misdemeanor if your BAC was 0.15% or higher. DWI charges can result from impairment by alcohol, illegal drugs, or even prescription medications.

What is Driving Under the Influence (DUI) in Texas?

Driving Under the Influence (DUI) applies exclusively to minors under 21. Reflecting Texas’s zero-tolerance policy, a DUI charge requires only any detectable amount of alcohol in the minor’s system. Impairment is not a factor; even a trace of alcohol is enough for a DUI charge.

This means a 19-year-old with a BAC that is legal for an adult would still face criminal charges. The legal threshold for minors is effectively zero.

DUI charges are governed by the Texas Alcoholic Beverage Code and are classified as Class C Misdemeanors for a first offense. While less severe than an adult DWI, the consequences can still be devastating for a young person’s future.

Understanding the Legal Classifications

To make the distinction between dwi and dui in texas crystal clear, here’s how the charges compare:

A minor can face both charges. If an underage driver has a BAC of 0.08% or higher or is clearly impaired, Harris County prosecutors can charge them with the more serious adult DWI. The state will typically pursue the charge with the harsher penalties.

Navigating the Penalties for DWI and DUI in Texas

Penalties for DWI and DUI in Texas are harsh by design to deter impaired driving. A conviction in Houston or Harris County can disrupt your life for years. The local courts, including the specialized Harris County DWI Court Program, take these offenses extremely seriously, especially for repeat offenders.

Penalties for a First-Time DWI Offense

A first time DWI offense for an adult is a Class B Misdemeanor with severe consequences. Penalties include:

• Fines: Up to $2,000.
• State Fees: Annual surcharges of $1,000 to $2,000 for three years to keep your license.
• Jail Time: 3 to 180 days, though probation is often possible.
• License Suspension: 90 days to one year.
• Ignition Interlock Device (IID): Often mandatory, requiring you to pass a breath test to start your car.
• Education: Mandatory completion of a DWI education program.

Penalties for Subsequent DWI Offenses

Penalties escalate sharply for repeat offenders.

• Second DWI Offense: A Class A Misdemeanor with fines up to $4,000, jail time from 1 month to 1 year, and a license suspension of up to 2 years.
• Third DWI Offense: A Third-Degree Felony, carrying a $10,000 fine, 2 to 10 years in state prison, and a license suspension up to 2 years. A felony conviction results in a permanent record and the loss of rights like voting and owning firearms.

Penalties for an Underage DUI Offense

A minor’s first DUI charge is a Class C Misdemeanor, but the penalties can still impact a young person’s future. A first offense includes:

• A fine up to $500.
• A 60-day driver’s license suspension.
• 20 to 40 hours of community service.
• Mandatory alcohol awareness classes.

Failure to complete the class extends the suspension by 180 days. Importantly, if a minor’s BAC is 0.08% or higher, they can be charged with an adult DWI and face much harsher penalties, including jail time.

Improved Penalties and Aggravating Factors

Aggravating factors can significantly increase penalties for a DWI and DUI in Texas charge:

• DWI with a Child Passenger: Driving intoxicated with a child under 15 is a State Jail Felony, with up to a $10,000 fine and 2 years in jail.
• High BAC (0.15% or higher): A first offense is liftd to a Class A misdemeanor, with fines up to $4,000 and jail time up to one year.
• Open Container: Adds a mandatory minimum of 6 days in jail to a DWI charge.
• Intoxication Assault: Causing serious bodily injury is a Third-Degree Felony (2-10 years in prison).
• Intoxication Manslaughter: Causing a death is a Second-Degree Felony (2-20 years in prison).

These improved charges are life-altering and require an immediate and aggressive defense.

The Legal Aftermath: From Arrest to License Reinstatement

An arrest for DWI and DUI in Texas initiates two separate legal battles: a criminal case and an administrative process to suspend your driver’s license. Understanding both is key to protecting your driving privileges.

Refusing a Breathalyzer and the ALR Process

Under Texas’s “implied consent” law, driving on a public road means you have consented to a breath or blood test if suspected of DWI. Refusing a test has immediate consequences: an automatic 180-day license suspension for a first refusal (2 years for a subsequent one). In Harris County, officers often get warrants for a forced blood draw if you refuse, so refusal may not prevent a test.

The Administrative License Revocation (ALR) process is a civil action by the Texas Department of Public Safety, separate from your criminal case, to suspend your license. You have only 15 calendar days from your arrest to request an ALR hearing. Missing this deadline results in an automatic suspension.

An ALR hearing is a crucial first opportunity to challenge the evidence, cross-examine the officer, and potentially save your license. A win here can also strengthen your criminal defense.

Ignition Interlock Devices and SR-22 Insurance

An ignition interlock device (IID) is a car breathalyzer that prevents your vehicle from starting if it detects alcohol. An IID may be required as a condition of bond, probation, or to get an occupational license for essential driving during a suspension. It’s often mandatory for repeat offenders or those with a BAC of 0.15% or higher. The user bears the cost of installation (around $70-$100) and monthly monitoring (around $60-$90).

SR-22 insurance is a certificate your insurer files with the state to prove you have liability coverage after a DWI. It’s typically required for two years post-conviction. While not insurance itself, the SR-22 requirement labels you a high-risk driver, causing your insurance premiums to increase significantly.

Between the IID, increased insurance costs, and state surcharges, the financial burden of a DWI and DUI in Texas conviction extends far beyond the initial court fine. Fighting the charges from day one, starting with the ALR hearing, is critical.

Building a Defense and Mitigating Long-Term Consequences

Both a DWI and DUI in Texas charge can threaten your future, but it is defensible. An experienced Houston attorney can challenge the evidence, protect your rights, and work to minimize or dismiss the charges.

Common Defense Strategies for DWI and DUI in Texas

Effective defense strategies in Houston courts involve scrutinizing every detail of the arrest for weaknesses in the prosecution’s case. Common defenses include:

• Challenging the Traffic Stop: If the officer lacked reasonable suspicion for the stop, all subsequent evidence may be inadmissible.
• Questioning Field Sobriety Tests: These tests are subjective and can be affected by medical conditions, fatigue, or poor instructions, making them unreliable.
• Contesting Breathalyzer and Blood Test Accuracy: We investigate if breathalyzers were properly calibrated and if blood tests followed strict collection and storage protocols. Medical issues can also cause false high readings.
• Using the Rising BAC Defense: Your BAC may have been below the legal limit while driving but risen by the time of testing.
• Identifying Procedural Errors: Any failure by law enforcement to follow proper protocol, such as not reading your rights, can be used to your advantage.

My experience as a former Harris County Chief Prosecutor provides insider knowledge on how to exploit these weaknesses.

How Long Does a DWI Stay on Your Record?

A DWI conviction in Texas is permanent and can affect your employment, professional licenses (for doctors, nurses, lawyers, etc.), and housing applications for life.

However, in some cases, it may be possible to clear your record. An expunction can erase an arrest if your case was dismissed or you were acquitted. An order of nondisclosure can seal the record from public view if you successfully completed deferred adjudication for certain first-time offenses. These options are complex, making it vital to fight the charge from the start to avoid a conviction altogether.

Related Offenses and Other Consequences

A conviction for both a DWI and DUI in Texas has other far-reaching consequences:

• Boating While Intoxicated (BWI): Carries penalties similar to DWI.
• Firearm Ownership: A misdemeanor DWI conviction generally doesn’t affect firearm rights, but a felony DWI conviction results in a permanent ban on owning firearms.
• Open Container: Having an open container of alcohol during a DWI arrest adds a mandatory six-day jail sentence. Learn more about Texas open container laws.
• International Travel: Countries like Canada may deny entry to individuals with a DWI conviction.

Navigating the Houston legal system requires an attorney with insider knowledge. At The Martinez Law Firm, we use our prosecutorial experience to build the strongest defense for your case.

Frequently Asked Questions about DWI and DUI in Houston

If you’re facing charges of DWI and DUI in Texas, you likely have urgent questions about what comes next. These are some of the most common concerns we hear from our Houston clients.

Can a minor be charged with both a DWI and a DUI in Texas?

Yes. A minor under 21 with any detectable alcohol can be charged with DUI. If that same minor has a BAC of 0.08% or higher or is otherwise impaired, they can also be charged with the more serious adult DWI. In Harris County, prosecutors will typically pursue the DWI charge because it carries much harsher penalties. This makes experienced legal representation essential for any minor charged with a drinking and driving offense.

How does a DWI or DUI conviction affect firearm ownership rights in Texas?

The impact depends on the conviction level. A misdemeanor DWI conviction generally does not affect your firearm rights in Texas. However, a felony DWI conviction leads to the permanent loss of your right to own or possess firearms. This includes a third DWI, intoxication assault, or DWI with a child passenger. Avoiding a felony conviction is critical to protecting your Second Amendment rights.

Can an attorney get a DWI charge dismissed in Houston?

Yes. While no outcome is guaranteed, an experienced Houston DWI attorney can often get charges dismissed or reduced. A dismissal can be achieved by proving issues with the state’s case, such as:

• An illegal traffic stop without probable cause.
• Inaccurate or improperly administered breathalyzer and blood tests.
• Unreliable field sobriety test results.
• Police procedural errors or rights violations.

My experience as a former prosecutor and judge in Harris County gives me unique insight into finding these case-destroying flaws and securing dismissals for my clients.

DWI/DUI Next Steps

A DWI or DUI charge in Texas is a critical event that puts your freedom, career, and future at risk. The legal system in Houston and Harris County is tough on impaired driving, and prosecutors are aggressive. From the moment of your arrest, the clock is ticking on crucial deadlines, like the 15-day window to request an ALR hearing to save your license.

It is crucial to remember that a charge is not a conviction. A strong defense examines every detail: Was the stop legal? Were tests administered correctly? Were your rights violated? The answers to these questions can be the key to a dismissal.

The Martinez Law Firm offers a unique insider’s perspective. As a former Chief Prosecutor for Harris County and a City of Houston Judge with 25 years of experience, Herman Martinez knows how prosecutors build their cases. We now use that knowledge to dismantle them and aggressively defend our clients in Houston and Harris County.

You don’t have to face this alone. We provide the aggressive, personalized defense you need, whether it’s a first offense or a felony charge. Don’t let a dwi and dui in texas charge ruin your future. Contact The Martinez Law Firm today for a consultation to discuss your defense strategy. Time is critical—let us fight for you. Learn more about Texas open container laws and how they might affect your case, or reach out directly to schedule your consultation. Your future deserves a fierce advocate—let us be that for you.

Understanding Your Real Risk of Jail Time in Texas

Is jail common for Texas drug possession? The short answer is yes. Jail time is a real possibility for any drug possession charge in Texas, even for first-time offenders with small amounts. However, whether you are actually incarcerated depends on several critical factors, including the type and amount of the drug, your criminal history, where the offense occurred, and the strength of your legal defense.

Texas classifies drugs into Penalty Groups, with Group 1 (cocaine, heroin, meth) carrying the harshest sentences. Even possessing less than one gram can result in a state jail felony, carrying 180 days to 2 years. As of August 2020, about 2,200 people were in Texas state jails for possessing such a small amount. With over 128,000 drug-related arrests in 2019, it’s clear that Texas maintains its reputation for strict drug enforcement.

I’m Herman Martinez, founder of The Martinez Law Firm. After more than 25 years as both a Chief Prosecutor for the Harris County District Attorney’s Office and now a criminal defense attorney, I’ve seen how these cases are prosecuted. My unique perspective from both sides of the courtroom provides insight into how prosecutors build their cases and where weaknesses exist that can help you avoid incarceration.

How Texas Classifies Drugs and Determines Penalties

To understand if is jail common for Texas drug possession, you must first know how Texas classifies drugs. The **Texas Controlled Substances Act** organizes drugs into Penalty Groups. This classification directly determines whether you face a misdemeanor or a felony and the potential length of your sentence.

For more details on specific substances, visit our page on controlled substances.

What are the different penalty groups for controlled substances in Texas?

Texas divides drugs into four main Penalty Groups, with marijuana treated separately. The lower the group number, the harsher the penalties.

• Penalty Group 1 (PG1): Includes cocaine, heroin, methamphetamine, and many opioids. Possession of any amount is a felony.
• Penalty Group 1A (PG1A): Reserved for LSD, which is measured in “units” instead of by weight.
• Penalty Group 1B (PG1B): A new category for fentanyl and its derivatives, reflecting the state’s aggressive stance in its War on Fentanyl.
• Penalty Group 2 (PG2): Covers hallucinogens like MDMA (ecstasy) and psychedelic mushrooms. Crucially, this group also includes THC concentrates like vape oils, edibles, and wax, meaning these products carry much harsher penalties than marijuana flower.
• Penalty Group 3 (PG3): Includes prescription drugs like Valium and Xanax when possessed without a valid prescription.
• Penalty Group 4 (PG4): Contains prescription mixtures with small amounts of narcotics, such as codeine-based cough syrups.
• Marijuana: Remains in its own category and is still illegal in Texas.

How does the amount of a drug affect potential jail time?

The amount of a drug you possess is a critical factor. In Texas, even a microscopic “trace amount” of a PG1 drug can lead to a State Jail Felony charge, punishable by 180 days to 2 years in jail.

For Penalty Group 1, 1B, and 2 drugs (like cocaine, meth, fentanyl, and THC concentrates), the penalties escalate sharply with weight:

• Less than 1 gram: State Jail Felony (180 days – 2 years in state jail).
• 1 to 4 grams: Third-Degree Felony (2 – 10 years in prison).
• 4 to 200 grams: Second-Degree Felony (2 – 20 years in prison).
• 200 to 400 grams: First-Degree Felony (5 – 99 years or life in prison).
• Over 400 grams: Improved First-Degree Felony (10 – 99 years or life in prison).

These weight thresholds mean that a few extra grams can add years to a potential sentence. Prosecutors in Houston are known to weigh everything, including packaging, to push a case into a higher penalty range. Understanding the specific amount in your case is vital. For a detailed breakdown, see our guide on How Many Years in Jail for Drug Possession in Texas.

So, Is Jail Common for Texas Drug Possession?

So, is jail common for Texas drug possession? It absolutely is. Texas has a well-earned reputation for tough drug enforcement. In 2019, over 128,000 people were arrested for drug violations statewide, and thousands have been incarcerated for possessing less than a single gram of a controlled substance.

In Houston, prosecutors have significant discretion, and many pursue jail time, especially for substances in Penalty Group 1 or 2. Unlike in other states, Texas law does not guarantee leniency or diversion programs, even for first-time offenders or those caught with small amounts. Possessing a trace amount of cocaine can result in a State Jail Felony charge, carrying a potential sentence of 180 days to 2 years. Similarly, possessing prescription drugs like Xanax without a valid prescription can lead to serious charges and potential jail time.

If you’re facing charges in our area, learn more about what happens when you’re Arrested for Drug Possession in Houston.

What are the penalties for possessing marijuana in Texas?

While many states have legalized or decriminalized marijuana, Texas has not. Possession of less than 2 ounces of marijuana is a Class B Misdemeanor, punishable by up to 180 days in county jail and a $2,000 fine. As the amount increases, the penalties become more severe, escalating to a felony for amounts over 4 ounces.

The biggest surprise for many is the treatment of THC concentrates. Edibles, vape cartridges, wax, and dabs are not treated as marijuana. Instead, they fall under Penalty Group 2, alongside drugs like ecstasy. This means a single THC gummy or vape pen can lead to a State Jail Felony charge, with a potential sentence of 180 days to 2 years. Many people face felony charges without realizing the legal distinction.

For more on how these cases are handled, visit our page on Criminal Defense: Drug Crimes: Marijuana.

Can a first-time drug offense lead to jail time in Texas?

Yes, a first-time drug offense can absolutely lead to jail time in Texas. The law makes no automatic exception for first-time offenders. If you are caught with even a trace amount of a Penalty Group 1 drug like cocaine or heroin, you face a State Jail Felony charge and 180 days to 2 years in a state jail facility, regardless of your clean record.

However, being a first-time offender is a significant mitigating factor. It may make you eligible for diversion programs, probation, or deferred adjudication, which can help you avoid jail. These alternatives are not guaranteed and must be negotiated by a skilled attorney. Without an aggressive defense, you could end up serving time. Learn more about protecting yourself with our resource on First Time Drug Offense.

What Factors Can Increase the Likelihood of Jail?

While drug type and amount are primary factors, other circumstances can significantly increase your chances of incarceration. Understanding these aggravating factors is crucial.

• Prior Convictions: A criminal record, especially for previous drug offenses, leads to improved penalties. For habitual offenders with multiple prior felonies, sentences can be increased to decades or even life in prison.
• Intent to Distribute: Prosecutors can pursue delivery or manufacturing charges even without witnessing a sale. Evidence like large quantities of drugs, packaging materials (baggies, scales), large amounts of cash, or incriminating text messages can be used to prove intent. These charges carry far harsher penalties than simple possession. Learn more about Felony Drug Charges.
• Fentanyl: Due to the state’s War on Fentanyl, cases involving this substance are prosecuted with extreme aggression. Even trace amounts can lead to severe charges, including manufacturing or even murder if an overdose death occurs. For more on these complex charges, see our page on Criminal Defense: Drug Crimes: Manufacturing.

How do possession charges differ from manufacturing or delivery?

Simple possession is having a drug for personal use. Delivery is transferring a drug to someone else—no money needs to be exchanged. Simply sharing a pill with a friend can be legally considered delivery. Manufacturing involves producing, preparing, or packaging a drug, from running a meth lab to growing marijuana.

Prosecutors build these more serious cases using circumstantial evidence. They don’t need to see a sale happen. They use evidence like scales, baggies, and text messages to create a narrative of intent to distribute. In Houston, a simple traffic stop can quickly escalate to a manufacturing or delivery charge if officers find this type of evidence.

What are ‘drug-free zones’ and how do they impact sentencing in Houston?

Where you are arrested can be as important as the offense itself. Texas law creates “drug-free zones” that can double your potential sentence. The 1,000 feet rule applies to offenses committed within 1,000 feet (about three city blocks) of a:

• School or university
• Daycare or childcare facility
• Public park or playground
• Youth center or public swimming pool

In a dense urban area like Houston, it’s easy to be in a drug-free zone without knowing it. This penalty improvement can turn a probation-eligible offense into one with mandatory jail time. A State Jail Felony can be improved to a Third-Degree Felony, moving you from a state jail to a state prison for a much longer term. Challenging these improvements is a key defense strategy.

Are There Ways to Avoid Jail for Drug Possession in Houston?

Although jail is common for Texas drug possession, a charge does not automatically mean incarceration. Harris County offers several alternative pathways focused on rehabilitation rather than punishment. Having an experienced attorney who knows how to access these programs is key.

What alternative programs are available in Harris County?

Harris County has programs designed to keep non-violent drug offenders out of jail. These include:

• Pretrial Intervention (PTI): This program allows you to complete requirements like counseling and community service. Upon successful completion, your charges are dismissed, leaving you with no criminal record. Harris County has a progressive local policy on low-level marijuana cases that often uses diversion. Learn more about Pretrial Diversion in Houston.
• Drug Courts: These specialized courts offer a more intensive, supervised path for individuals with substance abuse issues. They combine treatment, testing, and judicial oversight. Successful completion can lead to reduced sentences or dismissal. The Texas Department of Criminal Justice provides more info on these effective programs.
• Deferred Adjudication: With this option, you are placed on probation. If you complete the terms successfully, the case is dismissed, and you avoid a final conviction. However, a violation can lead to serious consequences, as detailed on our Probation Violation page.
• Community Supervision (Probation): This allows you to serve your sentence in the community under supervision, instead of in jail.

Eligibility for these programs is not automatic and often depends on persuasive advocacy from your attorney.

How can an attorney help me avoid jail for a first-time drug offense?

An experienced attorney, especially one with a background as a prosecutor, can be your greatest asset. As a former Chief Prosecutor for the Harris County District Attorney’s Office, I know how the other side thinks and operates.

An effective defense involves:

• Negotiating with prosecutors: I speak their language and know what arguments are persuasive in securing alternatives to jail.
• Challenging evidence: We scrutinize every detail of your case, from the legality of the traffic stop to the chain of custody of the evidence. If police violated your rights, we file motions to suppress evidence, which can lead to a dismissal.
• Leveraging former prosecutor insight: My insider perspective allows us to anticipate the prosecution’s strategy and build a defense that proactively addresses their arguments.
• Advocating for diversion programs: We build a compelling case to show you are a good candidate for rehabilitation, not incarceration.

Our goal is always to achieve the best possible outcome, whether that’s a dismissal, a reduction of charges, or a favorable plea bargain that keeps you out of jail.

Understanding the Full Scope of a Texas Drug Conviction

A drug conviction in Texas extends far beyond jail time or probation. These “collateral consequences” can impact your life for years. While people ask “is jail common for Texas drug possession,” it’s crucial to understand the other penalties you’re fighting to avoid.

What are the potential consequences beyond jail time?

A drug conviction creates a permanent criminal record that can hinder your ability to find employment or housing. Other significant consequences include:

• Driver’s License Suspension: A drug conviction automatically triggers a license suspension of six months (for those over 21) or one year (for those under 21), regardless of whether a vehicle was involved. The state of Texas requires completing a drug education program for reinstatement.
• Professional License Revocation: Nurses, teachers, real estate agents, and other licensed professionals can have their licenses suspended or revoked.
• Financial Hardship: You face substantial fines (up to $10,000 for many felonies), court costs, and ineligibility for federal student loans and grants.
• Immigration Consequences: For non-citizens, a drug conviction can lead to deportation, denial of a visa or green card, and a permanent bar to citizenship.
• Loss of Civil Rights: A felony conviction means losing your right to vote until your sentence is complete and a permanent ban on owning firearms.
• Child Custody Issues: A conviction can be used against you in custody disputes, raising questions about your fitness as a parent.

How do Texas drug laws compare to federal laws or other states?

The vast majority of drug possession cases in Houston are prosecuted under Texas state law, which is significantly harsher than the laws in many other states. While some states have decriminalized or legalized marijuana, Texas continues to prosecute possession of even trace amounts of certain drugs as felonies.

This punitive stance comes at a high cost. A Texas Tribune report noted that Texas spends more on its prison system than any other state, with a large portion of inmates serving time for nonviolent drug offenses. The state spends millions annually incarcerating people for possessing small quantities of drugs.

While other states have shifted toward treatment-focused approaches, Texas has largely maintained its strict “tough on crime” stance. This makes aggressive legal representation in Houston not just beneficial, but essential.

Don’t Face a Houston Drug Charge Alone

You now know the answer to “is jail common for Texas drug possession” is a sobering yes. But a charge is not a conviction, and an arrest does not have to mean jail time. The outcome of your case depends on the specific facts and the strength of your legal defense.

My background as a former Chief Prosecutor for the Harris County District Attorney’s Office is your advantage. I know how prosecutors build cases, where their weaknesses lie, and how to negotiate effectively. The Martinez Law Firm uses this insider perspective to stay steps ahead of the prosecution.

We explore every avenue to protect your future, whether it’s fighting for a dismissal, negotiating for a diversion program, or challenging an illegal search. Your freedom and future are too important to leave to chance in the Texas justice system.

If you’re facing a drug possession charge in Houston, don’t wait. The sooner we start building your defense, the more options you will have. Contact The Martinez Law Firm today for a consultation. Let us fight to keep you out of jail and protect your future.

New Year’s Eve is a time of celebration, which often means that the night will involve alcoholic drinks, dancing, and all the elements of a good party. While annual New Year’s Eve parties can be loads of fun, they can end in a devastating arrest if drivers are not careful. If you choose to drink at your New Year’s celebration, then you should not drive afterward. You may want to designate a driver that will stay sober and provide transportation to and from the party. Oftentimes, it’s difficult to find a friend willing to take on this role. As a result, you may want to consider hiring a professional driver to transport you to and from your event on New Year’s Eve.

You can hire a taxi cab in Houston to take you back to your home to avoid new year’s DUI. As well, if you are traveling to a party with a lot of friends, you may want to hire a party bus or a limousine. Not only will this arrangement keep you safe to avoid a new year’s DUI, but it will also be a lot more fun. Whether you designate a driver, hire a professional transportation service, or opt for public transportation, you should never get in the car and drive home after having too much to drink. During the holidays, the Houston Police Department often adds extra DUI checkpoints all throughout the city and has many roving patrols looking for drivers that are swerving, disobeying traffic signals, or speeding.

Police know that New Year’s Eve is a time of partying and alcohol. Therefore, they are on the lookout. While the police may seem like an enemy on New Year’s Eve, their goal is noble. They want to protect the innocent drivers out on the road in Houston from a fatal DUI crash because of another person’s inability to drive safely. If you need more information about DUI defense, then you need to contact a lawyer at
The Martinez Law Firm today. With the right defense, you may be able to avoid a New Year’s DUI charge or may be able to lessen your charges at your hearing.