Texas DWI Defense Attorney
Have you been arrested or charged with driving while intoxicated (DWI) in Texas? The Westbrook Law Firm can help. We understand you may be stressed and unsure how to proceed. Even a first-time offense can impact your life for years to come.
To protect your freedom and future, you need to retain a DWI Defense Lawyer as soon as possible. With over 20 years of criminal defense experience, our skilled team focuses on defending citizens just like you facing DWI charges. Our firm is here to defend you during this challenging time in your life.
The following are important links throughout our website, where you can learn more about DWI, your legal rights, potential punishments, and numerous ways to fight your case. You can also contact our firm at any time to schedule a free, confidential consultation by calling or clicking here. Start protecting yourself now!
DWI is one of the most complex areas of criminal law. You need a dedicated team to represent you to make sure you obtain the best resolution possible.
This overview explains the DWI process, from the initial stop through the conclusion of a case. This information can help guide you through the complexities of the legal system. To learn more, please click here.
DWI Standardized Field Sobriety Tests (SFSTs)
The National Highway Traffic Safety Administration (NHTSA) has developed a uniform system for Standardized Field Sobriety Tests (SFSTs). SFSTs help law enforcement evaluate whether a driver is impaired or intoxicated. These tests are very subjective, but give officers supposed evidence of probable cause for arrest.
In this section, we discuss the main tests used in Texas, including the Horizontal Gaze Nystagmus (HGN) test, Walk and Turn (WAT) test, and One Leg Stand (OLS) test. There are numerous ways to challenge these tests, but it takes an experienced legal team to properly evaluate each test and determine the b best defense. To learn more, please click here.
Breath and Blood Tests in Texas DWI Cases
Once you’re suspected of a DWI, law enforcement will request a breath or blood specimen. They will read a statutory warning, called the DIC-24, which asks you to consent to or refuse the specimen. You have the legal right to refuse their request, although this will impact your potential license suspension. Either way, if you are suspected of a DWI and eventually arrested, the police can issue an Affidavit of the arrest and request a Search Warrant for your blood. This is very common in most Texas Counties.
Unless you are 100% sober, there is no reason to give the State access to your breath or blood. Let them get a warrant, as there are ways to challenge these results. It’s always best to remain silent, refuse all tests and specimen requests, and let your attorney defend you. To learn more about these intrusive tests, please click here.
Being charged with a DWI presents numerous troubles – both legal and financial. If you had a vehicle accident in connection with the DWI, your case becomes increasingly more complex and concerning. It is more difficult to reduce your charge or obtain a dismissal when an accident is involved.
In some cases, if the accident is minor and there are no injuries, insurance can help alleviate the prosecutor’s concerns. In more serious cases involving an injury or death, the case elevates to a life-changing Felony.
If you are dealing with a DWI involving a car accident, it’s important to hire legal counsel as soon as possible. To schedule a free consultation with our office, please contact our office today. To learn more about the numerous issues and consequences of a DWI with an accident, please click here.
Controlled Substance and Drug DWI in Texas
If you use a controlled substance, such as marijuana, and drive, you can be charged with DWI. Unlike alcohol, there is no specific level to determine alleged impairment. Instead, law enforcement will make observations that you lack the “normal use” of your mental and physical faculties because of the drug’s effects. The officer’s observations are all subjective, so there are numerous ways to challenge the officer’s opinion.
When arrested for a controlled substance or drug DWI case, the key is to hire an aggressive DWI defense attorney to protect your rights and fight the case. To learn more about this type of DWI offense, please click here.
Boating While Intoxicated (BWI) Defense Attorney
Texas has laws that make it illegal to operate a watercraft or boat while intoxicated (or BWI) – whether from alcohol or other drugs. Navigation laws require boaters to maintain a safe speed, avoid reckless or negligent operation, yield the right-of-way, and operate at a safe distance from other vessels, people, and property. Failure to obey these rules can result in an BWI investigation.
The laws governing BWI or similar to DWI, although there are different ways to fight this charge. For example, you can challenge whether your watercraft is covered under the Penal Code and wether the horsepower is below the required limit (50 horsepower or above). If you were boating and arrested for BWI, you need an experienced team to defend you. To learn more about BWI and your rights, please click here.
Minors Charged with DWI in Texas
For those under 21 years of age, the DWI laws are more strict. Unlike the general law regarding BAC (.08 or higher for those over 21 years of age), a minor can be charged with a DWI for any detection of alcohol (o.08 or less). Because the legal drinking age is 21 or higher, Texas has a Zero-Tolerance Law concerning minors drinking and driving.
Being charged with a DWI as a minor can have disastrous and lasting consequences on your future, so it’s critical to hire an experienced and dedicated legal team to avoid a conviction. Your education and future depends on it. To learn more, please click here.
In most cases, a first-time DWI offense is classified as a Class B misdemeanor. However, if you are stopped with an open container in your vehicle, the potential penalties are enhanced. The good news – there are limitations to these open container laws. For example, if you have a drink in your trunk, the police cannot use this against you.
In many DWI cases, the police will pursue the DWI and simply mention the open container in their offense reports (without receiving an additional charge for the open container). However, even if you aren’t charged with an open container violation, the prosecutors will use your open container to enhance the punishment range and may refuse to negotiate a reasonable resolution. For this reason, it’s imperative to hire effective legal counsel to aggressively negotiate the best outcome or go to trial. The goal is to avoid a conviction – regardless of the open container – and protect your future. To learn more, please click here.
DWI Consequences and Penalties
The punishment range for a first or second DWI (when no minor passenger is involved) is a Misdemeanor, which can lead to jail time and large fines. A third or subsequent DWI, as well as any DWI with a minor passenger, enhances to a serious Felony, which may result in a long-term prison sentence and significant fines. DWI charges may also result in problematic license suspensions if you fail to take immediate action and hire an attorney after your arrest.
While a DWI arrest may feel overwhelming and hopeless, there are several ways to defend yourself and avoid a conviction. These defenses require an experienced and skilled legal team in your corner. The Westbrook Law Firm can help. To review the potential consequences and penalties for a DWI offense in Texas, please click here.
ALR Process and License Suspensions
The Texas Department of Public Safety has the right to suspend your driver’s license through the Administrative License Revocation (ALR) Program. Suspensions may occur if you’re arrested for Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI) and refuse to take or fail to complete a breath or blood test, provide a breath or breath with a blood alcohol concentration (BAC) of 0.08% or higher while driving non-commercial motor vehicle, or provide a breath or blood test with a blood alcohol concentration (BAC) of 0.04% or more while driving a commercial motor vehicle.
You can fight the mandatory license suspension by requesting a special, ALR hearing. For cases involving a breath test, you must request a hearing within 15 days from the date of your Notice of Suspension (Form DIC-25) — typically 15 days from the date of arrest. If your case involves a blood test, DPS won’t issue the Notice until it receives your BAC results. At that point, DPS will mail the Notice, and you must request your hearing within 20 days.
If you fail to request a timely hearing, a mandatory suspension will take effect on the 40th day after DPS served the Notice of Suspension. Because your license is so important for work and personal activities, it is critical to act quickly after a DWI arrest and request a timely ALR hearing. Although the ALR process is completely separate from the criminal case, you can gain vital information and evidence for your defense. To learn more about ALR hearings and potential license suspensions, please click here.
Everyday, we speak with potential clients about pending DWI charges. Everyone is stressed and confused about the legal process, especially for first-time offenses. Our firm has compiled some of the most common questions, along with helpful answers and information. To review these FAQs, please click here.
We hope this section helps with some of your own questions and concerns. This is just a short list of common questions. To fully discuss your case and answer all questions in full detail, please call our office today for a free and confidential consultation.
Contact the Westbrook Law Firm Today
If you or someone you know is facing DWI charges in Houston, don’t wait to seek professional help. Contact the Westbrook Law Firm at 281-888-5581 to schedule a free and confidential consultation.
Mr. Westbrook is a Member of the National College for DUI Defense and the DUI Defense Lawyers Association. With over 20 years of experience in both DWI and Criminal Defense, he is prepared to stand by your side and fight for the best outcome for your unique situation. Remember, the right defense can make all the difference. Let us be your advocates during this important time.
At the Westbrook Law Firm, we believe in providing top-notch legal representation with a personal touch. As our client, you will meet with Mr. Westbrook along every step of the way. We are committed to ensuring that you understand every step of the legal process and your legal rights. You are always in the driver’s seat during the case, but we will provide all of our knowledge and experience over the last 20 years to effectively guide and advise you to make the best decision possible.
When you choose us, you’re getting a criminal defense team that’s invested in your success. To learn more about how we can assist and protect you, please contact our office by phone or by clicking here.
