Drinking and driving, drugged driving, and offenses invariably and popularly known as DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) are treated fairly harshly in Texas with very few defenses possible under the law. A typical DUI or DWI case in Houston or Harris county involves a traffic stop initiated by a local or state peace officer, and one way or another a suspicion is developed that the driver is driving under the influence.
Often, a field sobriety test is conducted, and more often than not if the driver fails to perform as expected on these tests, breathalyzer, chemical, and blood draw tests may be used by police officers to determine if a driver is intoxicated with alcohol or drugs, either legal ones or illegal drugs. After all, many legitimate prescription drugs come with warnings for their use not to be combined with driving.
One must be aware, accidents or police incidents involving a third-party injury and intoxication can often result in additional criminal charges such as intoxication assault, and may bring a litany of civil lawsuits and personal injury claims against the defendant in addition to likely criminal charges.
Can a DWI Be Dismissed in Texas?
Yes, DWI charges can be dismissed in Texas. Depending on the circumstances of your case, you can get your charges dismissed entirely or reduced. For example, if you were stopped without probable cause or if your breathalyzer results were inaccurate, you may have grounds to have your charges dismissed.
Alex pushes and my case was resolved and dismissed in reasonable time. I couldn't be happier with my choice of an Attorney.Jason L.
As is often the case, how the stop was made, the reputation of the peace officer involved, the circumstances of the stop, and the technicalities of the event can all impact how your best defense can be formulated. A good Houston DUI attorney like Alex The Defender would examine all available information and evidence, speak to the DA and examine all of their evidence and witness accounts against the accused, and see if there are ways to file motions to suppress illegally obtained evidence or dismiss the cases entirely if possible due to illegal and unconstitutional traffic stops such as sobriety checkpoints which are deemed unconstitutional in the state of Texas, or if any illegal searches or seizures had occurred.
How Long Does a DWI Case Take in Texas?
The length of a DWI case in Texas depends on the specifics of the case and the location. Generally, it can take 3–6 months before you decide whether to plead guilty or set your case for trial. If you choose to put your case for trial, it can be anywhere from 4 months to over a year before your trial date.
Can You Avoid Jail Time for First DWI in Texas?
In Texas, a judge may grant probation instead of jail time for a first-time DWI offense. There is no minimum sentence required for a first offense. However, a minimum jail sentence may be mandatory for repeat offenders.
A DWI defense lawyer can help you avoid jail time, reduce penalties, or get your case dismissed. For example, you can submit evidence to weaken the prosecutor's arguments, such as witness statements or errors in chemical test analyses.
Arrange for a free case evaluation with our Houston defense lawyer at Alex the Defender by contacting us online or by phone at (713) 999-3655. Hablamos español.
Alex Houthuijzen, a smart and caring Houston DUI and DWI attorney can help you or a loved one charged as such by any of the nearby local jurisdictions like Houston, Harris County, Montgomery County, or Fort Bend County criminal courts determine the best defense possible under the circumstances. Waiting does no good, and there is nothing to lose, we offer FREE initial legal consultation for all DUI and DWI defendants.
"A lot of lawyers write on their websites that they "fight" and that they work "tirelessly" for their clients. The truth is that being a lawyer is more than just fighting or working tirelessly. It's knowing what to do at the right moment to get a fantastic result for a client. I go to trial if I have to. I fight if I have to. But most of the time, my job is to help people who cannot help themselves."