Houston Multiple DWI Lawyer

Houston Multiple DWI Attorney

Facing a second or third DWI charge in Houston is a serious matter. Texas law escalates penalties significantly with each conviction, and repeat offenders face felony charges, years in state prison, and permanent criminal records. If you are facing DWI charges for the second or third time, a Houston multiple DWI lawyer at the Law Office of Joseph Ruiz, PLLC, can help you protect your rights and your future through skilled criminal defense.

Texas Multiple DWI Laws

The terms DUI and DWI are often used interchangeably when discussing impaired driving. However, in Houston and the state of Texas, each term has a specific meaning.

In Texas, DWI (Driving While Intoxicated) is the charge that applies to any driver – adult or minor – who operates a vehicle while intoxicated. Under Texas Penal Code Section 49.04, a driver is considered intoxicated when their blood alcohol concentration (BAC) reaches 0.08% or higher, or when alcohol or drugs cause them to lose the normal use of their mental or physical faculties.

This is distinct from DUI (Driving Under the Influence), which in Texas applies only to drivers under 21 who have any detectable amount of alcohol in their system, regardless of intoxication level.

For adult drivers, every subsequent DWI conviction carries significantly harsher penalties than the last. Texas courts and prosecutors treat repeat DWI offenders seriously, and judges have little tolerance for multiple offenses.

First DWI Offense (Class B Misdemeanor)

• Fine of up to $2,000
• Jail time: 72 hours to 180 days (minimum 6 days if an open container is present)
• Driver’s license suspension of up to 1 year
• Possible ignition interlock device requirement

Second DWI Offense (Class A Misdemeanor)

• Fine of up to $4,000
• Jail time: 30 days to 1 year
• Driver’s license suspension of 180 days to 2 years
• Mandatory ignition interlock device

Third DWI Offense and Beyond (Third-Degree Felony)

A third DWI in Texas is automatically charged as a third-degree felony under Texas Penal Code Section 49.09(b)(2). Penalties include:

• Fine of up to $10,000
• Prison sentence of 2 to 10 years in state prison
• Driver’s license suspension of 180 days to 2 years
• Mandatory ignition interlock device

Beyond the criminal penalties, a felony DWI conviction carries lasting consequences, including the loss of voting rights while incarcerated, difficulty obtaining employment, ineligibility for certain professional licenses, dramatically higher auto insurance rates, and a permanent criminal record.

Houston DWI Statistics

Texas has one of the highest rates of impaired driving of any state. According to a Forbes Advisor analysis of drunk driving data, Texas ranked third-worst in the nation in 2023. More than 42 percent of all traffic deaths in Texas involved a drunk driver, which is one of the highest rates in the country. Texas also ranked third for the rate of underage drunk drivers involved in fatal crashes, at 0.94 per 100,000 licensed drivers.

There were approximately 1,127 deaths from accidents related to impaired driving in Texas in one recent year, and 3,338 alcohol-related crashes in Harris County, with 165 resulting in death. (Source: TxDOT Motor Vehicle Crash Statistics)

The worst highway for fatal accidents is I-45. I-45 has been named the deadliest road in America.

Legal Defense for Multiple DWI Charges

For adults facing multiple DWI charges in Texas, an experienced criminal defense lawyer can have a significant impact on the outcome of the case. Common defenses challenge the results of the blood or breath test, the legality of the traffic stop, or the actions of the law enforcement officer.

A skilled DWI attorney in Houston knows that DWI laws and testing science are always evolving. This includes staying current on infrared spectroscopy, gas chromatography, breathalyzer calibration issues, and blood draw protocol violations. This expertise becomes even more critical when a client is facing a second or third offense, where the stakes – including potential felony charges – are much higher.

An attorney may also be able to challenge whether prior convictions were properly obtained, negotiate for reduced charges, or pursue dismissal based on procedural or evidentiary grounds. Every case is different, and having a knowledgeable defense lawyer early in the process gives you the best chance at a favorable outcome.

FAQs About Houston, TX Multiple DWI Laws

Q: How Much Does a DWI Lawyer Cost in Houston?

A: The cost of hiring a DWI lawyer in Houston varies depending on the specific circumstances of the case, including the number of prior offenses, whether the case involves felony charges, and whether the case goes to trial. Be sure to ask about cost, fee structure, and payment options at your initial consultation.

Q: When Should You Get a DWI Lawyer?

A: You should get a DWI lawyer as soon as possible after your arrest. There is a limited time frame for Administrative License Revocation (ALR) hearings – typically 15 days from the date you are served the suspension notice to request a hearing. Having qualified legal representation early gives you more time to build your defense, challenge test results, and negotiate with the prosecutor.

Q: Do You Have to Take a Breath Test in Texas?

A: Under Texas’s implied consent law, operating a vehicle constitutes consent to a breath or blood alcohol test if requested by law enforcement. You may refuse, but refusal results in automatic driver’s license suspension. Houston and Harris County also conduct “no refusal” weekends, during which officers can obtain a warrant to compel a blood draw if you refuse.

Q: Can You Get a DWI Dismissed in Houston?

A: Yes, DWI charges can sometimes be dismissed in Houston, though it is more difficult with multiple prior offenses. Possible grounds include constitutional violations during the stop or arrest, problems with the breath or blood test, or insufficient evidence. A knowledgeable DWI lawyer can evaluate whether dismissal or charge reduction is a realistic option in your specific case.

Get Solid Representation You Can Trust Today – Law Office of Joseph Ruiz, PLLC

At the Law Office of Joseph Ruiz, PLLC, our legal team has more than ten years of experience and has handled hundreds of jury trials. We can put those skills to work for you. Our skilled legal team can work to have your case dismissed or your charges reduced. If you or a loved one is facing multiple DWI allegations, contact our office right away to set up an initial consultation and learn your legal options.

Sources

• Texas Penal Code Section 49.04 (DWI) – statutes.capitol.texas.gov
• Texas Penal Code Section 49.09 (Enhanced DWI Offenses) – statutes.capitol.texas.gov
• Texas Alcoholic Beverage Code Section 106.041 (DUI by Minor) – statutes.capitol.texas.gov
• TxDOT Motor Vehicle Crash Statistics 2023 – txdot.gov
• Texas Department of Public Safety – Impaired Driving – dps.texas.gov