Houston DWI Attorney

Skilled Defense for DWI Charges in Harris County, TX

A DWI (driving while intoxicated) or BWI (boating while intoxicated) arrest in Houston is a stressful experience with consequences that can follow you for years. Whether you were wrongfully arrested or need help dealing with the aftermath of impaired driving allegations, it's crucial to take decisive action to protect your freedom, your future, and your driving privileges. Retaining a skilled DWI attorney in Houston is your first step to safeguarding your rights.

The most important move after an arrest is to avoid common DWI mistakes and seek immediate legal advice. With prompt action, an experienced Houston DWI lawyer may be able to help you avoid or minimize prison time and protect your criminal record from lasting damage.

At The Law Offices of Jed Silverman, we have a solid track record of defending drunk driving cases and assisting clients in Houston, Harris County, and across Texas. Attorney Jed Silverman is an established Houston DWI lawyer who is certified to conduct breath and field sobriety tests—giving our team valuable insights into challenging evidence in court. When you partner with us, you’re working with a team committed to thorough legal defense and personalized client support.

If you are facing drunk driving charges, now is the time to involve a Houston DWI lawyer at our firm. Contact us online or by calling (713) 597-2221!

What is a DWI in Texas?

In Texas, DWI (Driving While Intoxicated) is a criminal offense that occurs when a person operates a motor vehicle in a public place while intoxicated by alcohol or drugs. The legal blood alcohol concentration (BAC) limit in Texas is 0.08%, but you can still be charged with DWI in Houston if an officer believes your physical or mental faculties are impaired due to alcohol, illegal drugs, or even prescription medications—regardless of your BAC.

In Houston and Harris County, law enforcement agencies—such as the Houston Police Department and Harris County Sheriff's Office—frequently conduct patrols and sobriety checkpoints to identify impaired drivers. Texas law treats impairment from any substance taken seriously. Building a strong defense often requires comprehensive knowledge of these local agencies, court procedures, and the scientific intricacies involved in DWI cases.

Penalties for DWI in Texas include fines, license suspension, mandatory participation in alcohol education programs, community service, and even jail time. Factors like repeat offenses, having a child passenger, or causing an accident resulting in injury or death can lead to enhanced DWI charges and more severe penalties. If you need a DWI attorney in Houston, we are prepared to help guide you through each challenge.

BAC Limits in Texas

The legal BAC limit in Texas is 0.08% for adults 21 and older, and 0.04% for commercial drivers. If a chemical test indicates your BAC is at or above this threshold, that alone can be grounds for a DWI charge under the "per se" standard. For drivers under 21, Texas enforces a zero-tolerance policy—any detectable amount of alcohol triggers legal consequences.

BAC limits are strictly enforced throughout Houston and Harris County. Local officers are trained to administer breath and blood tests in accordance with law, and the results can dramatically influence your DWI defense. Our Houston DWI attorneys understand how local law enforcement and Harris County courts approach chemical test results and use that insight to build the strongest possible case for our clients.

What is Implied Consent in Texas?

In Texas, the implied consent law means that by driving on public roads with a Texas license, you have already given consent to submit to a breathalyzer or blood test if arrested for DWI. Refusing a chemical test after arrest will likely lead to an automatic driver’s license suspension, even if you’re later acquitted of DWI. Implied consent rules are a vital part of every Houston DWI attorney’s defense strategy.

Houston drivers are regularly reminded about implied consent during traffic stops and through local public safety campaigns. Refusal to take a breath or blood test can result in an administrative license suspension, usually handled through a Department of Public Safety hearing at the Harris County Civil Courthouse. Our DWI lawyers in Houston can challenge these suspensions and help you navigate related administrative challenges.

It’s important to note that implied consent applies only after an arrest. If you’re asked to take a roadside breathalyzer before being arrested, you may decline without automatic penalty. However, law enforcement may still use other observations or evidence against you in court.

Texas Open Container Laws

Texas enforces strict open container laws on vehicles using public highways. An open container is any unsealed bottle, can, or other receptacle containing alcohol in the passenger area—including the front seat, back seat, or anywhere passengers sit. Open container violations apply whether the vehicle is in motion, stopped, or parked. There are exceptions for passengers in rideshares, commercial buses, or the living quarters of an RV. Violation is a Class C misdemeanor, punishable by a fine up to $500.

Houston police officers are known for diligent enforcement around nightlife districts like Midtown and Downtown. An open container violation combined with a DWI charge in Houston can bring additional penalties, higher insurance rates, and stricter scrutiny from Harris County judges. Working with a local DWI attorney ensures your case is handled with deep knowledge of both the law and the regional court system.

Texas DWI Penalties

Texas Penal Code § 49.04 defines the offense of DWI. A DWI can be charged as a Class A or Class B misdemeanor depending on your BAC level, and can become a felony with prior DWI convictions or the presence of a child passenger. The following are potential penalties for a DWI conviction in Houston and throughout Texas:

First-Offense DWI Penalties in Texas

First-time DWI offenders are often shocked by the severity of consequences. In Houston courts, even a first offense can mean tough fines, mandatory programs, and a criminal record. The process is overseen by Harris County judges who use strict criteria to evaluate each case, especially at the Harris County Criminal Justice Center. Local DWI attorneys can pursue alternatives such as deferred adjudication or negotiate for reduced penalties, depending on the circumstances of your case.

If you’re facing your first DWI in Houston, be aware that plea deals may still involve probation, mandatory alcohol education, and electronic monitoring or ignition interlock devices. Understanding how local courts handle first-offense cases—and the options available—can make all the difference.

A first-time DWI conviction (BAC under 0.15) in Texas may involve these penalties:

• Considered a Class B Misdemeanor
• Probation: Possibly 1-2 years (deferred adjudication probation)
• Jail Time: Mandatory minimum 72 hours, up to 6 months
• Fine: Up to $2,000
• Community Service: 100 hours
• License Suspension: 90 days to one year
• DWI Education Program: Required
• Ignition Interlock Device: Possible
• $3,000 driver's license reinstatement fee
• Lifelong mark on your criminal record

A first DWI conviction with a BAC of 0.15 or higher may result in:

• Class A Misdemeanor classification
• Fine: Up to $4,000
• Jail Time: Up to one year
• License Suspension: Up to two years
• Community Service: Possible
• DWI Education Program: Required
• Ignition Interlock Device: Possible

Second-Offense DWI Penalties in Texas

Second-offense DWI cases are handled especially seriously in Houston. Prosecutors often seek enhanced penalties for repeat offenders, and judges may order longer probation and mandatory ignition interlock device installation. Occupational driving licenses may be harder to secure if you rely on driving for work or daily living in the broader Houston region. A dedicated DWI lawyer in Houston can help assess your options and develop a defense plan to mitigate the impact of these high-stakes charges.

• Fine: Up to $4,000
• Jail Time: 72 hours to 1 year
• Probation: Possible after minimum jail time, with requirements such as:
  • Regular probation officer meetings
  • Completion of mandatory intervention or education programs
  • Random alcohol and drug testing
  • Installation and maintenance of ignition interlock device
  • Community service as directed by the judge
  • Payment of fines and court costs
  • Maintaining employment
• License Suspension: Up to two years
• Up to $2,000 annually for three years to retain driving privileges

Third-Offense DWI Penalties in Texas

Facing a third DWI charge means prosecution as a felony in Houston. Cases are typically adjudicated in felony district courts at the Harris County Criminal Justice Center, following dedicated guidelines for multiple offenders. Judges have wide discretion in sentencing, which may include limitations on probation or intervention programs. The stakes are high, and representation by a skilled Houston DWI lawyer is critical.

• Fine: Up to $10,000
• Prison Sentence: Up to 10 years in state prison
• Community Service: 600 hours
• License Suspension: Two years
• Ignition Interlock Device: Mandatory installation in vehicle

Intoxication Assault Penalties in TX

Intoxication assault is charged when a DWI accident results in serious bodily injury to another person and is treated as a third-degree felony. Houston prosecutors file these cases swiftly and courts are meticulous in evaluating aggravating circumstances, often requiring counseling or close probationary supervision on top of jail or prison time. A Houston DWI attorney at The Law Offices of Jed Silverman can guide you through the complexities and consequences unique to these serious charges.

• Fine: Up to $10,000
• Prison Sentence: Up to 10 years
• Community Service: 600 hours

Intoxication Manslaughter Penalties in TX

When a DWI causes loss of life, the charge is intoxication manslaughter—one of the most serious criminal charges in Houston courts. Prosecutors devote significant resources to these cases, and penalties are usually harsh—sometimes approaching the statutory maximums. Defendants may also face civil suits from victims’ families, and penalties include long-term license suspensions and other restrictions.

• Fine: Up to $10,000
• Prison Sentence: Up to 20 years
• Community Service: 800 hours

In addition to statutory penalties, offenders may be subject to supervisory fees, license suspension hearings, and additional penalties related to other violations or damages. For serious DWI charges in Houston, retaining a DWI attorney with knowledge of Harris County’s system is essential.

When you face jail or prison, steep fines, or the loss of your license, consult a proven DWI attorney in Houston early in the process. At The Law Offices of Jed Silverman, we fight DWI allegations aggressively and provide skilled legal defense designed to minimize the impact a DWI can have on your freedom, finances, and reputation.

What to Expect in the Houston DWI Court Process

The DWI court process in Houston, TX typically begins with your arrest and booking at a local police station or the Harris County Jail. After bail is set and posted, you’ll attend an initial court appearance—often referred to as an arraignment—at the Harris County Criminal Justice Center. Here, the charges are formally presented and you are advised of your rights. Both sides—the District Attorney and your DWI defense lawyer—may exchange evidence, file motions, or begin plea discussions. Engaging a Houston DWI attorney early allows you to prepare for these crucial early steps.

If your case goes to trial, it follows the Texas criminal legal process, with verdicts determined by judge or jury. The relationship your Houston DWI attorney has with local officials, judges, and prosecutors can impact trial strategy, negotiations, and outcomes. At The Law Offices of Jed Silverman, we manage every detail—from filing deadlines to ongoing court communications—so you are never left facing the process alone.

The Difference Between DWI & DUI in Texas

Many people confuse DWI (Driving While Intoxicated) and DUI (Driving Under the Influence), but they are separate charges under Texas law. DWI generally applies to adults 21 and over who are alleged to have operated a vehicle in a public place while impaired by alcohol or drugs. DUI, by contrast, is usually charged against drivers under 21 with any detectable amount of alcohol in their system. Both charges are aggressively enforced by Houston law enforcement, but carry different legal procedures and penalties.

For minors facing a DUI charge in Houston, cases often involve immediate license suspension and required alcohol education programs, but do not usually lead to jail for a first offense. DWI cases for adults, on the other hand, are processed through the Texas adult criminal court system and result in much harsher penalties. Whether you’re confronted with DUI or DWI, a Houston DWI lawyer can help ensure your case is handled knowledgeably and with an individualized defense approach.

DWI Arrests & ALR Hearing in Texas

In Texas, DWI arrests can lead to two separate proceedings: criminal charges for the DWI offense itself and a civil Administrative License Revocation (ALR) hearing focused on license suspension. Both are handled with urgency in Houston and require informed legal representation to protect your rights and driving privileges.

• Criminal Charges: Handled by the court system, this process determines criminal penalties, such as fines, jail time, or community service.
• ALR Hearing (Administrative License Revocation): Managed by the Department of Public Safety, this civil hearing addresses whether your driver's license is suspended, regardless of the outcome in criminal court.

Many Houston drivers are surprised to learn that ALR hearings are typically held at Department of Public Safety offices in Harris County, not criminal courts. Missing the strict deadline to request a hearing will result in automatic license suspension, regardless of your innocence in the DWI case. During the ALR hearing, both the arresting officer and your Houston DWI lawyer can present evidence. The result can be crucial for people who rely on driving in Houston’s sprawling metropolitan area.

Losing your license is among the harshest consequences of a DWI in Houston. The window to request an ALR hearing is short—usually 15 days if you refused a breath or blood test, and 20 days from receiving a suspension notice. Your DWI lawyer in Houston will ensure all deadlines are met, defend your driving rights, and challenge the evidence at every stage.

The ALR hearing focuses on whether there was probable cause for your stop and arrest, as well as whether you refused a test or produced a BAC of 0.08% or higher. A favorable outcome means you can keep your license and move forward with a stronger defense.

During the hearing, law enforcement must demonstrate:

• There was reasonable suspicion or probable cause for your traffic stop
• Probable cause existed for your arrest on DWI charges
• You either refused a breath or blood test or had a test result of 0.08% or higher
• Any field sobriety tests at the scene were failed according to official criteria

The DWI attorneys and support staff at our firm are skilled at defending clients’ rights during Houston license suspension hearings. When necessary, we pursue appeals through every available level, sometimes taking license suspension issues to the Texas Supreme Court. We are committed to helping clients maintain driving privileges while contesting DWI charges in Houston.

ALR hearings are complex, and immediate legal advice from a Houston DWI attorney is vital for a successful defense and to maintain your ability to drive in Texas.

Enlist the help of an experienced Houston DWI lawyer to preserve your driving rights by contacting us online or calling (713) 597-2221.

Common DWI Mistakes to Avoid in TX

There are common mistakes that can put your rights and driving privileges at risk. Some of the most important include:

• Voluntarily submitting to a breath or blood test: You may feel pressure to comply, but voluntary results provide direct evidence for law enforcement to prosecute DWI charges against you. Strategic guidance from a Houston DWI lawyer can help you understand when it’s appropriate to assert your rights.
• Panicking after a positive test: Even if breath or blood test results show an illegal BAC, those results may not be admissible in court for a variety of legal or technical reasons. Pleading guilty when viable defenses exist is a mistake—never give up on your case, and always consult with a DWI attorney in Houston before making any decisions.
• Not having an attorney present at your ALR hearing: Losing your license impacts your daily life. The ALR hearing is an opportunity to defend your right to drive, often setting the tone for the entire DWI case in Harris County. Our Houston DWI lawyers are there to help you prepare and contest the suspension.
• Hiring an inexperienced lawyer: DWI allegations are legally and scientifically complex. Effective defense requires not only familiarity with test procedures and laws, but also a real understanding of how Harris County prosecutors and judges handle these cases. Our attorneys have built their careers in Houston fighting DWI and criminal charges at all court levels across Texas.
• Not providing your lawyer with all relevant information: DWI cases are best defended as a team. Promptly provide your attorney with any personal history, documents, and facts requested to give your defense the best possible chance at success.
• Not disclosing medication or medical conditions to your DWI lawyer: Legal prescriptions and health issues are often mistaken for intoxication. Disclosing your full medical history can help your Houston DWI attorney challenge toxicology test results and build a stronger, fact-based case in court.

Legal Defense Strategies for DWI Cases in Texas

There are many ways for a Houston DWI lawyer to challenge allegations in Texas. At The Law Offices of Jed Silverman, our approach draws on every available strategy, providing comprehensive defense to people facing drunk driving charges in Houston, Harris County, and beyond.

Effective defense against DWI charges in Houston starts with a personalized review of all case details. Our lawyers pay close attention to law enforcement procedures in Harris County, including roadside stops, field sobriety testing, and chemical testing accuracy. Mistakes in these processes can create opportunities to challenge the evidence. Harris County courts are open to testimony from defense professionals regarding improper breathalyzer calibration or scientific error, so working with a team trained in these specifics is key for a favorable resolution.

• Challenging the stop: Officers must have a lawful reason to stop your vehicle. If your stop violated legal standards, subsequent evidence can be excluded.
• Challenging field sobriety tests (SFSTs): Roadside tests can be influenced by age, health, and improper instructions. Your Houston DWI lawyer can question whether they were given or evaluated properly.
• Chemical testing issues: Police and labs must comply with strict calibration, maintenance, and procedure rules. If a breath or blood sample is flawed, our DWI attorneys in Houston can fight to suppress those results.
• Constitutional rights violations: Any Fourth Amendment violations—such as an unreasonable search or seizure—may allow key evidence to be thrown out.
• Other defenses: We consider mistake of fact, duress, or lack of sufficient evidence, and select a strategy tailored to your unique circumstances and goals.

Texas' Ignition Interlock Law

Certain DWI convictions in Texas can require the installation of an ignition interlock device before you can drive again. This device requires a clean breath sample before your car will start, ensuring that individuals with prior convictions or aggravated cases are closely monitored by the court.

In Harris County and the Houston area, ignition interlock devices are often required for those convicted of multiple DWIs or where high BAC levels or aggravating factors are present. Devices are typically managed by local service providers and subject to ongoing court monitoring. Failing a breath test or trying to drive without the device can lead to further penalties, including additional jail time. Our Houston DWI attorneys can help you understand how these restrictions apply and ensure you meet all legal requirements to regain your license.

Courts may require ignition interlock devices for those whose license was suspended for DWI, intoxication assault, or intoxication manslaughter. Two or more convictions within the last 10 years usually mandate installation for at least half the post-conviction supervision period, though the court may allow installment payments if you cannot afford the cost.

Facing DWI Charges in Houston? Don't Go It Alone.

A DWI arrest in Houston can be confusing and overwhelming for anyone unprepared for the process. Fear of jail time, stiff fines, long-term license suspension, and a permanent record are common concerns for defendants. It can feel daunting, but you do not need to navigate this process on your own.

The DWI Attorney Houston team at The Law Offices of Jed Silverman has extensive experience defending clients against DWI charges in Harris County and understands how local prosecutions work. We distinguish ourselves with a thorough review of every arrest, strict analysis of all evidence, and consistent, compassionate communication at every stage of your case. Our experience in the Houston courts gives us insight into the evolving strategies of local prosecutors—and the tools to provide the robust defense you deserve.

No matter whether you've been charged with a first-time DWI or a felony offense, our NHTSA-trained DWI lawyers in Houston are ready to scrutinize your breath test and police procedures to identify potential weaknesses in the state's case. Our goal is always to minimize consequences, pursue the best possible resolution, and preserve your driving rights and future opportunities in Houston and beyond.

Enlist the help of an experienced Houston DWI lawyer to preserve your driving rights by contacting us online or calling (713) 597-2221.

Frequently Asked Questions About DWI In Houston

How long does a typical DWI case take to resolve in Houston?

The duration of a DWI case in Houston depends on several factors, such as the complexity of the arrest circumstances, available evidence, court schedules, and whether the matter is resolved by plea or proceeds to trial. A first-offense DWI with clear records may be resolved in as little as a few months, whereas contested or felony DWI charges can stretch to a year or more. Factors like court backlogs and legal motions by either party can further extend the process. When you hire a DWI attorney in Houston from The Law Offices of Jed Silverman, you gain a team that keeps you informed, protects your best interests, and works proactively towards a timely and favorable resolution.

What happens if I refuse a breath or blood test in Harris County?

If you refuse a breath or blood test following a DWI arrest in Harris County, you may face automatic driver’s license suspension under Texas’s implied consent policies. Law enforcement will initiate the Administrative License Revocation (ALR) process, and you typically have just 15 days to request a hearing to contest this penalty. Refusal does not prevent prosecutors from seeking a DWI conviction; they may even use your refusal as evidence of potential intoxication in court. Contacting a Houston DWI attorney promptly after arrest helps you manage both the ALR hearing and your criminal case, giving you the best chance to protect your license and build a solid defense.

Can I get a DWI dismissed or reduced in Houston courts?

It may be possible to have DWI charges dismissed or reduced in Houston courts, depending on factors such as the legality of the stop, quality of the evidence, and whether your rights were observed throughout the process. Our DWI lawyers in Houston commonly pursue dismissal or reduction by identifying procedural errors, challenging field sobriety or breath test accuracy, or negotiating pleas to lesser charges. Each DWI case in Harris County is unique, and alternative resolutions are sometimes available—especially for first-time offenders. At The Law Offices of Jed Silverman, our experienced attorneys conduct in-depth case reviews, pursue aggressive legal strategies, and advocate for the best achievable outcome in every client situation.

Discuss what steps we can take in your situation, contact us at (713) 597-2221