Driving While Intoxicated

Criminal Offenses

Houston Driving While Intoxicated Charges

Drunk driving is one of the leading causes of automobile accidents in Texas. Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in conjunction with Houston's road network—I-45 is the most dangerous road in Houston and throughout the United States—factors greatly to inflated statistics. Thus, DWI and DUI laws are firmly enforced throughout the state.

A conviction from a DWI or DUI can spell serious problems such as: jail time, thousand dollars in fines and court costs, and driver’s license suspension or revocation. If you are facing a DWI or DUI charge, you should hire the services of an experienced lawyer that will do his best to achieve the best positive outcome for you.

Driving While Intoxicated Houston Laws

According to Texas laws, a person commits a DWI or DUI offense if they are intoxicated while operating a motor vehicle in a public place. There are two ways that the state can prove intoxication:
1. Loss of normal use of mental and physical faculties due to introduction of substances (i.e. alcohol or drug).

2. Registering an alcohol concentration of 0.08 or higher in a Breathalyzer Test.

The specific wording of the first bullet point can be used to justify levying DWI or DUI cases on persons taking prescription medication, even if they have not taken any alcohol. In such cases, you could do well with the services of an experienced Houston criminal defense and personal injury attorney that will protect you and ensure that you are afforded an equal fighting chance.

Houston Driving While Intoxicated Penalties

Penalties for DWI and DUI offenses are determined by various factors such as: prior convictions, blood alcohol content (BAC), and other aggravating factors (driving with a child, assault or manslaughter resulting from DWI, among others).

First Offense – Class B misdemeanor, punishable by up to 180 days of jail time and a $2,000 fine

Second Offense – Class A misdemeanor, punishable by up to one year of jail time and a $4,000 fine

Third Offense – Third degree felony, punishable by up to 10 years of jail time and a $10,000 fine

DWI Enhanced – If it is established at the trial that your BAC was 0.15 or higher, the charge will be escalated to a Class A misdemeanor even though it is your first offense.

DWI with child passenger – State jail felony, punishable by imprisonment of 180 days to 2 years and a fine of up to $10,000.

Intoxication Assault – Punishable by up to 10 years and a $10,000 fine.

Intoxication Manslaughter – Punishable by up to 20 years and a $10,000 fine.

As seen above, DWI and DUI charges can easily escalate from a petty misdemeanor to a felony. Do not let this happen to you. If you are charged with a DWI or DUI, hire the right lawyer that can mitigate your penalties and punishment, if not outright get those charges dropped.

Houston Driving While Intoxicated Lawyer That Will Fight For You

We understand that being charged with a DWI or DUI charge can be a stressful ordeal. In such times, you need a Hosuton criminal and personal injury lawyer that will not only fight and advocate for your rights but will treat you with compassion. Let us fight for you. Call us now to schedule a consultation.

Let Us Be Your Voice

When you’re in the middle of a legal case, the right lawyer can change its entire trajectory. We will do all we can to advocate for your rights and achieve favorable outcomes.


Joaquin Jimenez is a Houston-based attorney specializing in crime and personal injury. Being in the middle of a legal battle is not easy, but The Law Office of Joaquin Jimenez is here to advocate for you and protect your rights.