What do I do if pulled over for DWI?

When you are pulled over for DWI in Texas, stay calm and know your rights. Do not answer questions about where you're coming from or how much you've had to drink, politely decline field sobriety tests, take a BAC test at the station, and contact a criminal defense lawyer.

Houston DWI Lawyer | B. Keith Jackson

Q: Can a DWI be Expunged in Texas?

In Texas, a DWI conviction usually cannot be expunged. If your DWI charges were dismissed, you were found not guilty, or your case was never formally filed, you may be able to remove the arrest from your record. Some first-time DWI offenders may qualify for a non-disclosure, which seals the record from public view.

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Looking for a DWI lawyer? Houston, TX Criminal Defense Attorney Keith Jackson is Here to Represent You

A Houston DWI lawyer can make all the difference if you’ve been arrested for drunk driving. At B. Keith Jackson, Attorney and Counselor at Law PLLC, we know how stressful and overwhelming a DWI arrest can be. A conviction could lead to jail time, a suspended driver’s license, hefty fines, and a permanent criminal record, all of which can impact your personal and professional life.

Our law firm provides aggressive DWI defense, fighting to protect your rights and minimize the consequences of DWI charges. With a proven defense attorney on your side, you have the legal representation needed to challenge the prosecution’s case and build a strong defense.

Call (281) 545-5020 or contact us online to schedule a consultation with an experienced criminal defense attorney today.

What is a DWI in Texas?

Under Texas law, DWI (Driving While Intoxicated) means operating a vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher or while impaired due to alcohol or drugs. A DWI arrest can happen even if your BAC is below the legal limit if an officer believes you are too impaired to drive safely.

A DWI conviction could leave you with a suspended license and a lasting criminal record. If a person’s intoxicated driving leads to a car accident, they may face harsher criminal penalties and charges of intoxication assault or even intoxication manslaughter.

Texas BAC Limit

According to the Texas Department of Transportation, the blood alcohol concentration (BAC) limit for most drivers is 0.08%. If your BAC is at or above this level, you can be charged with a DWI.

However, for commercial drivers, the limit is even lower at 0.04%, and for drivers under 21 years old, any detectable alcohol can result in DWI charges under the state’s zero-tolerance policy.

If you’ve been arrested for drunk driving, you need a Houston DWI defense attorney to challenge the evidence against you and protect your legal rights.

Penalties for DWI Offenses in Texas

In Texas, the penalties for a DWI conviction increase with each offense. The criminal justice system treats repeat DWI offenses more seriously, leading to tougher consequences that can affect your personal and professional life.

Below are penalties for first, second, and third DWI offenses in Texas.

First-Offense DWI in Texas

A first-time DWI is typically charged as a Class B misdemeanor, but that does not mean the penalties are minor. Your first DWI conviction could result in a jail sentence of up to 180 days, fines of up to $2,000, and a driver’s license suspension for up to a year. In addition to these penalties, having a DWI conviction on your record can affect your job, reputation, and auto insurance costs.

The criminal justice system treats DWI cases very seriously, but a skilled Houston first-offense DWI lawyer can challenge police reports, question the validity of field sobriety tests, and work to secure a not-guilty verdict or a reduction in charges.

Second-Offense DWI in Texas

A second DWI is a Class A misdemeanor, and can result in harsher penalties than a first offense. A second-offense DWI conviction can mean one month to a year in jail, fines up to $4,000, and a suspended driver’s license for up to two years. The court may also require an ignition interlock device, which prevents a vehicle from starting if alcohol is detected on the driver’s breath.

A second criminal conviction can significantly impact your life, making it essential to have a DWI second-offense attorney in Texas who has a deep understanding of criminal law and knows how to fight the charges against you.

Third and Subsequent Offense DWI in Texas

A third DWI offense is considered a third-degree felony, bringing severe consequences that could include 2 to 10 years in prison, a $10,000 fine, and a driver’s license suspension for up to two years. A felony criminal conviction can make it difficult to find employment, housing, or even retain certain professional licenses.

The prosecution will use police reports, BAC test results, and prior convictions against you in court. That’s why having a third-offense DWI defense attorney in Houston is important. Our law firm knows how to challenge the evidence, expose weaknesses in the prosecution’s case, and fight for your rights.

Related Texas DWI Offenses

In addition to driving while intoxicated, there could be other factors present in your case that result in other DWI-related charges. Below are some of the other Texas DWI offenses that Attorney Jackson can defend against.

DWI With a Child Passenger in Texas

Driving under the influence with a child under 15 years old in the vehicle is considered child endangerment, a state jail felony in Texas. If convicted, you could face up to two years in jail, fines of up to $10,000, and an additional 180-day driver’s license suspension.

Beyond the criminal penalties, a DWI conviction in this situation can also impact child custody cases, as the legal system takes these charges very seriously. If you are accused of this offense, having a Houston DWI with a child passenger attorney is essential.

Intoxication Assault in Texas

In Texas, intoxication assault happens when a person causes serious bodily injury to someone else while driving under the influence of alcohol or a controlled substance. It is a third-degree felony offense, punishable by 2 to 10 years in prison, fines up to $10,000, and a loss of driving privileges for up to 2 years.

With so much at stake, it’s important to have an intoxication assault attorney in Houston by your side. They will guide you through the legal process and aggressively defend your case against the prosecution.

Intoxication Manslaughter in Texas

Intoxication manslaughter is one of the most serious DWI-related offenses. It is charged when a person causes someone’s death while driving under the influence of alcohol or a controlled substance.

Intoxication manslaughter is considered a second-degree felony offense and is punishable by 2 to 20 years in prison and fines up to $10,000. In cases where the victim was a first responder, the offense could be enhanced to a first-degree felony.

The prosecution will work hard to secure a conviction, which is why you need a skilled Houston intoxication manslaughter lawyer to represent you in court.

Boating While Intoxicated (BWI) in Texas

Boating While Intoxicated (BWI) is an offense that occurs when someone operates a watercraft while under the influence of alcohol. It is typically charged as a Class B Misdemeanor and can carry penalties such as fines up to $2,000 and 72 hours to 180 days in jail.

Law enforcement officers regularly patrol Texas lakes and waterways, looking for signs of impaired boating. If you were charged, having strong legal representation can make a difference in your case. An experienced BWI lawyer in Houston will challenge the evidence against you and defend your legal rights.

Underage DWI in Texas

In Texas, drivers under 21 years old are not allowed to operate a vehicle with any detectable amount of alcohol in their system.

For those 17 and younger, a DWI charge is a Class C misdemeanor, which carries a $500 fine, a 60-day driver’s license suspension, 20 to 40 hours of community service, and mandatory alcohol awareness classes.

If you’re 17 to 20 years old, the charge increases to a Class B misdemeanor with up to $2,000 in fines, three to 180 days in jail, and a license suspension ranging from 90 days to a year. The penalties for underage DWI become even more severe with additional offenses on your record.

A DWI charge can have long-term consequences for minors, potentially affecting college admissions, scholarships, and even job opportunities. This is why having a minor DWI defense attorney in Houston on your side is crucial to your case.

What Happens to Your Driver’s License After a DWI in Texas?

If you are arrested for driving while intoxicated, the Texas Department of Public Safety can suspend your driver’s license through the Administrative License Revocation (ALR) Program, which is separate from your criminal case.

If you are pulled over and a law enforcement officer believes you are impaired, they will conduct a set of field sobriety tests. You will most likely be asked to take a breath or blood test to measure your blood alcohol concentration (BAC) level. If you refuse to take the field sobriety tests or fail with a BAC level of 0.08% or higher, your driver’s license will be suspended. The officer will issue a notice of suspension, and you have 15 days from the date the notice is served to request an ALR hearing to contest it. If you don’t, the suspension goes into effect 40 days later.

If you took a blood test, the suspension notice will not be served until the Department receives the results. If the results confirm your BAC was over the legal limit, you will receive a notice of suspension in the mail. Once the notice is mailed, you have 20 days to request an ALR hearing. If a hearing is not requested, your license will be suspended 40 days after receiving the notice. You must pay a $125 reinstatement fee plus any outstanding charges to reinstate your license.

When your driver’s license is suspended, it’s important to speak with an experienced DWI attorney who can help fight for your license and defend you in your ALR hearing.

Can a DWI be Expunged in Texas?

In Texas, a DWI conviction usually cannot be expunged, meaning it will permanently stay on your criminal record. However, under certain circumstances, a DWI arrest may qualify for expungement.

If your DWI charges were dismissed, you were found not guilty, or your case was never formally filed, you may be able to have the arrest removed from your record. Some first-time DWI offenders may also qualify for a non-disclosure, which seals the record from public view.

The entire process can be complicated, and DWI/DUI law in Texas has strict requirements. A Houston criminal lawyer like B. Keith Jackson can review your case and determine whether you qualify for expungement or record sealing.

What to Do if You’re Pulled Over for DWI

When you are pulled over for DWI in Texas, it’s essential to stay calm and know your rights. Be polite to the officer, but remember that you do not have to answer questions about where you’ve been or how much you’ve had to drink.

If asked, you can politely decline to take field sobriety tests, which are often subjective and used as evidence against you. However, refusing a breath or blood test could automatically suspend your driver’s license.

If you are arrested, do not discuss your case with the police. Anything you say can and will be used against you. Instead, contact a DWI lawyer in Houston as soon as possible. An experienced attorney can help you understand the criminal charges you’re facing and fight for the best possible outcome in your case. Acting quickly can make a big difference in protecting your rights and your future.

How Can a Harris County Criminal Defense Lawyer Help?

If you are facing DWI charges in Harris County, having a Houston criminal defense lawyer on your side can make a big difference in your case.

Attorney B. Keith Jackson has a proven track record in DWI/DUI defense and knows how to dispute the evidence against you. Whether examining police reports or challenging breathalyzer test results, Attorney Jackson can identify mistakes made by law enforcement, question whether your rights were violated, and work to get the criminal charges reduced or even dismissed.

Possible Defenses to a Texas DWI Case

There are several possible defenses to a Texas DWI case, including:

Unlawful traffic stop – the case could be challenged if the officer did not have a valid reason to pull you over.
Faulty field sobriety tests – these tests are subjective and often unreliable. Poor weather, medical conditions, or nervousness can affect performance.
Inaccurate breath or blood test results – improper calibration, mishandling of samples, or medical conditions can affect BAC results.
Violation of rights – if police did not follow proper procedures or read your Miranda rights, evidence may be thrown out.
Rising BAC – alcohol takes time to absorb into the bloodstream. If your BAC was below the legal limit while driving but increased by the time you were tested, the charge may be harder to prove.
Medical conditions/diet – conditions like diabetes or a keto diet can cause false breath test results.
No proof of driving – if officers didn’t witness you driving, the case may lack sufficient evidence.
Improper police procedures – errors in police reports or mishandled evidence can weaken the case.

Let Houston DWI Attorney B. Keith Jackson Defend Your Freedom and Driving Privileges

If you’ve been arrested for driving while intoxicated, the steps you take now can have a major impact on your future. A Houston DWI attorney can help you fight the charges and work to keep a DWI conviction off your record. Without the proper legal defense, you could face jail time, steep fines, a suspended driver’s license, and a permanent criminal record–all of which can affect your job, finances, and reputation.

At B. Keith Jackson, Attorney and Counselor at Law PLLC, we provide legal services tailored to your case, ensuring that every possible defense strategy is explored. With years of experience handling DWI cases in Harris County, we know how to protect your freedom and minimize the consequences of a DWI arrest.

Call (281) 545-5020 or reach out online to schedule a consultation with a Houston criminal defense lawyer today.

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