Houston DWI Defense Attorney

Driving while intoxicated arrests can happen in the blink of an eye and leave you feeling embarrassed, nervous, and confused about what happens next. Many DWI defendants are first-time offenders who never thought they’d be charged with a crime after a night out, dinner with friends, or a traffic stop. Our Houston DWI defense attorney at Haddad & Timmons PLLC understands how difficult these situations are for you and your family.

DWI convictions are taken seriously in Texas, and first-time arrests can result in serious consequences. Harris County prosecutors aggressively prosecute intoxication-related offenses, particularly when high BAC levels, accidents, and repeat offenses are involved. DWI cases aren’t always as they seem, though. Traffic stops, field sobriety tests, breath testing, and police reports all can become issues during your case.

About Haddad & Timmons PLLC

Haddad & Timmons PLLC serves clients across Houston facing misdemeanor and felony charges, including DWI charges. Our lawyers are former prosecutors and seasoned trial attorneys who know how DWI cases are investigated and prosecuted in Texas.

At our firm, we strive to provide honest advice while thoroughly reviewing every detail of your arrest and investigation. DWI offenses are handled on Franklin Street in Houston at the County Criminal Justice Center. Misdemeanor and felony court hearings for intoxication offenses are routine cases. Haddad & Timmons PLLC DWI defense lawyers are familiar with this court, the staff, and the procedures of the court. We know how to navigate DWI defense cases.

If Things Go Bad, Call Haddad & Timmons.

Former Prosecutors. Proven Defenders. Fighting for Your Future.

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DWI Laws in Texas

Texas Penal Code § 49.04 states that an individual may be charged with driving while intoxicated if it is alleged that they were in actual control of a vehicle in a public place while intoxicated. The state of Texas defines intoxication as operating without the normal use of mental or physical faculties due to the introduction of alcohol or drugs into the body or having a BAC of .08% or greater.

Keep in mind that prosecutors do not need evidence of your blood alcohol content from a breath or blood test to file DWI charges. Officers can use any statements made about consuming alcohol, driving observations, and field sobriety tests to file charges against you. DWI charges can be enhanced if any of the facts listed below are true:

• The individual allegedly had a high BAC level.
• They have previous DWI convictions.
• There was an accident involving an injury.
• Open containers were found in the vehicle.
• Minor children were in the vehicle at the time of arrest.

Texas Transportation Code § 724.011 dictates that Texas has implied consent laws. Giving consent to certain chemical tests after arrest and refusing to cooperate may lead to your driver’s license being suspended.

DWI Penalties in Texas

Penalties for DWI in Texas differ based on previous criminal history and the circumstances surrounding the arrest. First-time offenders still face fines and the possibility of jail time. Potential DWI penalties are listed below:

• Jail time
• Heavy fines and court costs
• Loss of your driver’s license
• Ignition interlock device
• Alcohol education course
• Increased insurance rates
• Probation

Penalties for repeat offenders and felony DWI charges are much more severe. Jail/prison time may be served, and individuals may face stricter terms of probation. When facing a DWI arrest, you may lose your job, face professional license suspension, and suffer from damage to your reputation. If you need your driver’s license to get to work or care for your family, not having it can cause you immediate concerns.

Common Evidence in DWI Cases

Police officers use many forms of evidence to build DWI cases. Evidence used to prosecute DWI charges can include dash cam videos, body cam footage, officer testimony, field sobriety tests, breathalyzer tests, blood tests, and even witness statements.

An arrest for DWI doesn’t automatically guarantee the prosecution has airtight proof. Field sobriety tests can be affected by many things, such as medical conditions, nervousness, lack of sleep, poor weather conditions, and uneven road surfaces. Police officers must also follow specific procedures when administering a breath test. Calibration records should be requested to ensure the machine was working properly when your test was conducted.

Traffic stops are another common issue with DWI cases. Police officers must have reasonable suspicion to pull you over. Once you are pulled over, they cannot gather evidence until they have a reason to suspect you are intoxicated. Some people may also appear intoxicated due to fatigue, prescription medications, sickness, or stress.

Common DWI Defenses

In Harris County, there were 3,357 total crashes as a result of DUI. This resulted in 165 fatalities and 952 possible injuries in 2024. For this reason, prosecutors are strict on DWI defendants. The ideal approach to facing a DWI charge is to hire a DWI defense attorney to represent your case.

Defense against DWI charges varies, but many of the defenses focus on the traffic stop, accuracy of the chemical testing, and whether prosecutors can prove you were intoxicated. Defense attorneys can argue that the police officer did not have reasonable suspicion to pull you over. If the stop was unlawful, any evidence found afterward could potentially be challenged.

Defense against DWI charges can also be made by attacking the breath or blood test. Machines used for breath testing must be calibrated regularly and used correctly. Blood tests must be collected, stored, and analyzed correctly.

Much like field sobriety tests, there are other factors that can affect someone’s performance on a breathalyzer test. Medical conditions, lung capacity, and even the administration of the test can affect the results of a breathalyzer. Video evidence can also help individuals facing DWI charges. Video footage can contradict police reports or show signs that the officer did not include when writing their report.

Hire a DWI Defense Attorney with Knowledge of Texas DWI Laws

DWI cases are a serious matter. They can have a large impact on a person’s life. If a person is convicted, they can be subjected to jail and prison time as well as restrictions on driving privileges. Because of how serious these penalties can be, it’s important to hire a DWI defense attorney right away. A Houston DWI defense lawyer can help you protect your future, your driver’s license, and review the evidence, not just take it at face value.

The timeline for DWI charges can also move quickly. You may have driver’s license suspension hearing deadlines within days of your arrest. Prosecutors may also begin investigating your case by reviewing evidence promptly.

Contact Haddad & Timmons PLLC

If you have been charged with DWI, Haddad & Timmons PLLC can help you in the legal process to advocate for your rights and future. Contact us today for more information.