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DWI Attorney in Houston

Defense for the Criminal Charge & Driver’s License Case

A DWI charge in Texas creates two immediate concerns: the criminal accusation and the separate process that can affect your driver’s license. In Houston and Harris County, a case may begin with a traffic stop, field sobriety tests, breath or blood testing, and an arrest. The stop, the officer’s observations, recorded video, testing procedures, and handling of physical evidence can all become important parts of the defense.

Drug-related allegations can follow a similar path. Prescription medication, illegal drugs, or a combination of substances may form the basis of an impairment allegation even when no alcohol is involved. If a collision caused injury or death, Incidents involving a third-party injury may also create civil issues, while the criminal allegations can include offenses such as intoxication manslaughter.

The facts of the stop, the evidence collected, and the notices issued after the arrest determine which steps require immediate attention. An early consultation with a dedicated criminal defense attorney gives you an opportunity to preserve paperwork, identify administrative deadlines, and begin reviewing the state’s evidence.

Contact Alexander J. Houthuijzen, Attorney-at-Law today for a free consultation. Call (713) 600-9902 or reach out online.

Understanding DWI under Texas Penal Code Section 49.04

Under Texas Penal Code Section 49.04, DWI means operating a motor vehicle in a public place while intoxicated. Texas law recognizes two primary theories of intoxication: an alcohol concentration of 0.08% or higher, sometimes called the per se standard, or the loss of normal mental or physical faculties because of alcohol, drugs, another substance, or a combination. Prosecutors don’t need an alcohol concentration of 0.08% or higher if they allege and attempt to prove loss of normal faculties.

The distinction matters in drug-related cases because there isn’t a universal alcohol-style concentration threshold for prescription or illegal drugs. Those allegations may depend more heavily on driving behavior, officer observations, field sobriety tests, toxicology results, and other evidence of alleged impairment. Our DWI lawyer reviews the specific theory the prosecution is using rather than treating every arrest as an alcohol-concentration case.

Texas also distinguishes DWI from Texas DUI law. Underage alcohol allegations can involve zero-tolerance rules, while commercial drivers are subject to additional licensing standards. A charge involving an adult driver, an underage driver, or a commercial license requires analysis under the rules that apply to that person and allegation.

Administrative License Revocation after a Houston DWI Arrest

A DWI arrest can trigger a criminal case in the Harris County criminal courts and an Administrative License Revocation proceeding through the Texas Department of Public Safety. Administrative License Revocation, often called ALR, is a civil process concerning driving privileges. It’s separate from the criminal prosecution, and the two proceedings don’t necessarily follow the same schedule or reach the same conclusion.

ALR Hearing Request Deadlines

The deadline depends on the notice issued. For certain refusal or failed-test notices served after an arrest, the driver generally has 15 days from service to request a hearing. If no timely request is made, the proposed suspension may begin on the 40th day after notice was received.

Blood-test cases can follow a different sequence because laboratory results may not be available at the time of arrest. When the Texas Department of Public Safety later mails certain suspension notices based on a blood-test result, the hearing-request period can be 20 days from the date the notice is mailed. The notice itself should be reviewed promptly instead of assuming every case has the same 15-day deadline.

Issues Considered at an ALR Hearing

ALR hearings are conducted through the State Office of Administrative Hearings. Depending on whether the allegation involves a refusal or a failed test, the hearing may address reasonable suspicion for the stop, probable cause for the arrest, whether the driver was properly asked to provide a specimen, and whether the statutory testing conditions were met.

We address the administrative and criminal proceedings as separate but connected parts of the case. Evidence and testimony from the ALR process may also provide information relevant to the criminal defense, but requesting a hearing doesn’t determine the outcome of the DWI charge.

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How We Build Your DWI Defense

The specifics of the stop, the officer’s conduct, the evidence collected, and the strength of the prosecution’s case all shape what a viable defense looks like. We scrutinize the available evidence, engage directly with the district attorney, and analyze witness accounts to build a strategy tailored to your situation. Where the facts support it, we file motions to suppress illegally obtained evidence or challenge cases that stem from unconstitutional conduct, including improper stops, sobriety checkpoints, and illegal searches or seizures.

Defense preparation also means staying current on the legal precedents and scientific principles relevant to DWI testing. We question the reliability of test results and work with appropriate witnesses when their analysis can challenge the prosecution’s claims. The available strategy depends on the evidence, particularly for first-time defendants and clients with minimal criminal history.

Our review may include:

  • Patrol video.
  • Body-camera footage.
  • Dispatch records.
  • Reports.
  • Witness statements.
  • Breath-test records.
  • Toxicology results.
  • The chain of custody for a blood specimen.

We also compare what an officer wrote with what the recordings and testing records actually show. Trial preparation begins with understanding what the state can prove, not simply accepting the conclusions in an arrest report.

Potential defense issues include:

  • Challenging whether the officer had a lawful basis for the traffic stop.
  • Disputing how field sobriety tests were administered or interpreted.
  • Examining breath-testing procedures and equipment records.
  • Reviewing blood collection, laboratory analysis, and chain of custody.
  • Disputing whether the state can prove operation of the vehicle.
  • Identifying unlawful searches, seizures, or other constitutional violations.
  • Presenting relevant medical conditions or lawful medication use.
  • Testing the accuracy and credibility of witness accounts.

Options after a First DWI Charge

A first charge doesn’t produce one automatic outcome. Depending on the evidence, criminal history, prosecutor’s position, and court requirements, the available paths may include contested motions, trial, plea negotiations, community supervision, an eligible diversion program, or deferred adjudication where permitted by law. Eligibility and conditions must be confirmed for the individual case.

Community supervision may include a DWI education program, community service, alcohol or drug testing, and an ignition interlock device. These requirements aren’t interchangeable, and they shouldn’t be presented as certain before the charge and proposed terms have been reviewed. We explain the legal and practical consequences so you can compare a negotiated resolution with continued litigation and make an informed decision.

How Long a Houston DWI Case Can Take

There isn’t a reliable universal timeline for a DWI case. Scheduling depends on the court, pending laboratory work, discovery, motion practice, negotiations, witness availability, and whether the case proceeds to trial. A case involving blood testing or contested scientific evidence may move differently from one based primarily on officer observations and breath testing.

We keep you informed at each stage, explain upcoming court settings, and prepare required filings and appearances. Direct communication also helps you understand whether a setting is procedural, whether a decision is required, and what work remains before the case can be resolved or tried.

Direct Attorney Access & Trial Preparation

Licensed in Texas since 2016 and selected to the 2025 Rising Stars list, Alexander J. Houthuijzen approaches DWI defense as a trial attorney. He is prepared to take a case to trial when the facts and the client’s decisions call for it rather than pushing every client toward a quick resolution.

You work directly with Alex throughout the case. We keep you informed, involve you in decisions, and treat you as a member of the defense team. Spanish-language service is also available. Hablamos español.

Preparing for Your DWI Consultation

Bring or preserve the paperwork provided after the arrest:

  • Any temporary permit.
  • Suspension notice.
  • Bond documents.
  • Court information.

Be ready to discuss the arrest date, whether testing was requested, whether you provided or refused a specimen, any prior DWI history, and your immediate driving concerns. Don’t assume the criminal case and driver’s license matter share the same deadline.

We offer free consultations to review this information and identify the next procedural steps. You can begin by contacting us online or calling (713) 600-9902.

Protect Your Options after a Houston DWI Arrest

Alexander J. Houthuijzen, Attorney-at-Law represents people facing DWI charges in Houston and Harris County. Clients work directly with Alex, stay involved in decisions, and receive a defense prepared for trial when the facts call for it.

Call (713) 600-9902 to discuss your case, or use our online form to request a free consultation.

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