Harris County DWI Lawyer

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Harris County DWI Attorney

Are you facing charges for DWI in Harris County? An arrest and charges for driving while intoxicated (DWI) can happen in an instant, but the repercussions are long-lasting. Even as a first-time DWI defendant, you could spend days in jail, lose your Texas driver’s licenses, and pay substantial fines. These are the consequences you can’t afford, which is why you need a Harris County criminal defense lawyer to act in your defense attorneys.

Harris County DWI Lawyer

Harris County DWI Defense Law Firm

As elsewhere in Texas, Harris County is subject to the county criminal defense law of the state, including the statutes criminalizing DWI. The Texas statute on DWI is short and straightforward. It states that any individual is guilty of DWI if:

  • A person operates a motor vehicle,
  • In a public place, and
  • While Intoxicated.

A prosecutor needs to establish all three of these elements of DWI beyond a reasonable doubt to win a conviction for DWI in Harris County. Our team of experienced criminal defense lawyers in Harris County and Houston, look to fight your DWI charges on the merits, by bringing evidence that one of these elements is in doubt. However, these aren’t the only arguments we can make in your defense.

The legal team at Greco Neyland also fights criminal defense charges in Harris County based on procedure, due process, and questioning the accounts of eyewitnesses and law enforcement. Our willingness to attack criminal defense charges from multiple angles wins more cases for our clients.

What Is the Punishment for a DWI Conviction?

The State of Texas imposes strong punishments for the conviction of DWI. The state has serious consequences for first-time offenders and heightened sentencing for drivers who:

  • Have a BAC above 0.15%, known as aggravated DWI;
  • Commit county criminal court with a child passenger in the vehicle;
  • Cause bodily injury or serious harm to another person while driving intoxicated; and
  • Have prior DWI convictions on their criminal defense law record.

Whether your circumstances fall in one of these more serious categories of county criminal court, some of which are felony offenses in Harris County, or you are a first-time offender, it is beneficial to hire a Harris County criminal lawyer.

A first conviction for county criminal court in Texas is a class B misdemeanor, and even a first-time offender faces these criminal defense law and administrative consequences:

  • Suspension of your driver’s license for up to two years;
  • 72-hour jail sentence in a county jail;
  • Installation of an ignition interlock device;
  • Participation in a drug or alcohol program;
  • Designated hours of community service; and
  • Substantial Harris County criminal defense law and administrative fines.

Potential Impacts of a DWI Conviction

A DWI conviction can have significant and far-reaching impacts on an individual’s life, affecting various aspects, including legal, financial, personal, and professional realms. It is important to be informed of all potential impacts of this type of conviction.

In the legal realm, a DWI conviction typically remains permanently visible on a criminal record. This record can affect many future opportunities, such as employment, housing, and educational opportunities. Upon a conviction, a driver’s license is typically suspended for a period of time that is determined by the court. This can limit an individual’s ability to commute to work or carry out daily activities. Probation is often another part of sentencing for DWI convictions.

A DWI conviction can also have personal and professional impacts. Employment may be negatively affected because many jobs require driving or professional licenses that are needed in many industries like healthcare, law enforcement, transportation, and more. Many employers conduct background checks upon employment and a DWI conviction may impact the likelihood of getting hired.

There is often a negative social impact around receiving a DWI charge as this can carry a social stigma and can damage personal relationships and reputation within the community individuals are a part of. Dealing with the legal consequences and potential societal judgment can lead to stress, anxiety, and emotional strain. It is important to seek legal guidance and take proactive steps to help mitigate these impacts.

How a Harris County DWI Lawyer Can Help

A DWI lawyer in Harris County, Texas can provide invaluable assistance in numerous ways. They can help you navigate the legal complexities of your case, protect your rights, and potentially mitigate the consequences. Below is a comprehensive overview of the types of support a DWI can offer you that may elevate your rights and pursue a fair result for your case:

  • Initial Case Evaluation: A lawyer can meet with you to understand the specific details of your case, such as the police report, evidence, witness statements, and more. They can provide a detailed overview of the legal options you have given the strengths and weaknesses of your case and share the potential consequences you may face.
  • Legal Understanding: DWI lawyers have a detailed understanding of Texas DWI laws, regulations, and court procedures. They understand the intricacies of DWI cases and can provide accurate legal advice tailored to your situation based on this knowledge.
  • Employ Defense Strategies: A lawyer can engage with multiple defense strategies that protect your rights and seek to share the truth of the situation. They can challenge the traffic stop and, if it was conducted legally, question field sobriety tests and dispute chemical tests like breathalyzers, blood, or urine tests.
  • Administrative Proceedings: A DWI case often involves administrative proceedings, such as a hearing to contest the suspension of a driver’s license, and a lawyer can represent their clients in these hearings and work to retain their driving privileges.
  • Negotiation and Court Representation: In certain cases, negotiating a plea deal with the prosecution may be in the case’s ideal interest. A skilled lawyer can negotiate for reduced charges or alternative sentencing options, such as probation or community service. If the case proceeds to trial, lawyers represent their clients in court, presenting all evidence, cross-examining witnesses, and making persuasive arguments that support their defense in front of a judge and jury.
  • Administrative Support: In all legal cases, there are many administrative tasks, such as filling out and filing paperwork, ongoing communications with all parties involved, and more. A lawyer and their law firm help with many of these tasks that support the smooth operation of a case.

By leveraging the experience of a skilled Harris County DWI Lawyer, individuals can significantly improve their chances of a favorable outcome in their case.

What Does Intoxicated Mean in Harris County, Texas?

Crucial to an arrest and conviction for DWI in Harris County is determining when a driver is intoxicated. Law enforcement and the court must find that you were intoxicated while behind the wheel of a vehicle, in order to reach a conviction for DWI. So, what does intoxicated mean in Texas?

In Harris County, state law defines the term “intoxication” in Section 4901 of the Texas Penal Code. Intoxication is either:

  • Not having the normal use of your physical or mental faculties, as a result of the consumption of a controlled substance or alcohol; or
  • Having a blood alcohol concentration (BAC) of 0.08% or higher.

Typically, law enforcement in Texas, whether it is a Harris County sheriff or local police officer, will determine intoxication through a chemical test. When measuring intoxication by alcohol, a breath test is standard procedure. This breath test, or breathalyzer, provides a reading of your BAC, giving law enforcement a verifiable and objective reason to make an arrest for DWI in Harris County.

A breathalyzer test isn’t foolproof. These devices must be maintained in a specific manner, the test results handled and preserved carefully, and the procedure leading to a breath test in line with the federal due process. When any of these processes aren’t followed a Harris County DWI lawyer at Greco Neyland can make a strong argument in your defense.

FAQs

Q: How Much Is a DWI Lawyer Cost in Harris County, Texas?

A: How much a DWI lawyer cost in Harris County, Texas can vary widely depending on several factors, including the lawyer’s experience level, the complexity of the case, the timeline of the case, the fee structure, administrative costs, and more. It is important that you do not let finances hold you back from receiving the legal support you need and deserve. You should prioritize conversations around payment immediately to understand your lawyer’s expectations as soon as possible.

Q: How Do I Win a DWI Case in Texas?

A: You can win a DWI case in Texas by taking a multifaceted approach that includes understanding the law, challenging evidence, and leveraging procedural defenses. While it can be challenging to win DWI cases, it is not impossible, especially with the help of an experienced local DWI attorney. An attorney understands the laws and regulations that impact your case and can create a robust defense strategy that supports your position by challenging the prosecution’s argument and presenting alternative explanations in court.

Q: How Do I Clear a DWI Charge on My Record in Texas?

A: You can clear a DWI from your criminal record in Texas by pursuing an expungement. You are eligible for expungement if you were arrested but not convicted. This happens if charges are dismissed or if there is an acquittal. It is important to meet with a local lawyer to understand if this process is possible in your situation, as it is rare that expungements for DWI convictions are approved by the courts.

Q: What Is the Difference Between a DUI and a DWI in Texas?

A: The difference between a DUI and a DWI in Texas revolves around the age of the person driving under the influence of alcohol or drugs. Generally, a DWI pertains to adults, whereas DUI is typically a term reserved for minors or those under the legal drinking age. Although DUI penalties tend to be less harsh than those for DWI, the severity can differ depending on the specific circumstances of each case.

Q: Does a DWI Stay on My Record Permanently in Texas?

A: A DWI generally remains on your record permanently unless other actions have been taken to address the record, such as expungement and non-disclosure. Having a DWI on your criminal record can have many impacts, such as in housing opportunities, insurance rates, employment, and education. If you are facing a DWI conviction in Texas, it is worthwhile to speak with a trusted defense attorney to learn your legal options and responsibilities.

Meet a Top DWI Lawyer in Harris County

Do you know the best way to build your criminal defense to DWI Lawyer in Harris County? You need to sit down with a top DWI lawyer in the area and discuss your case. Our team at Greco Neyland takes this initial conversation very seriously, and to prove it, we provide the consultation for free.

A free initial consultation at Greco Neyland is your opportunity to meet with a top DWI lawyer in Harris County and finally start building a defense to the criminal defense law charges.

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