A DWI arrest can cost you your license, your job, and your freedom. Take action before it’s too late.
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DWI/DUI Lawyer Houston
Getting pulled over for suspected DUI or DWI in Houston can happen in an instant, and the consequences are serious. Every year, thousands face license suspension, hefty fines, and potential jail time, all of which can have long-term impacts on careers and personal lives. At Juan L. Guerra, Jr. & Associates, our experienced Houston DWI/DUI lawyers know how to navigate these complex cases. We challenge evidence, protect your rights, and fight to minimize penalties. With our dedicated legal support, you gain a strong advocate committed to safeguarding your freedom, your driving privileges, and your future.
What's the Difference Between DUI and DWI?
DUI and DWI are both intoxication-related offenses in Texas, but they apply in different situations under state law:
- DWI (Driving While Intoxicated)
In Texas, a DWI applies to drivers 21 years or older who operate a vehicle while intoxicated. This means having a blood alcohol concentration (BAC) of 0.08% or higher, or losing the normal use of mental or physical faculties due to alcohol, drugs, or both. For example, an adult driver swerving on the highway with a BAC of 0.10% would likely be charged with DWI. (See Texas Penal Code §49.04)
- DUI (Driving Under the Influence)
A DUI in Texas applies only to drivers under 21. Texas has a zero-tolerance policy, so any detectable amount of alcohol in a minor’s system can lead to a DUI charge—even if they are not legally intoxicated by adult standards. For instance, a 19-year-old with a BAC of 0.02% could face a DUI. (See Texas Alcoholic Beverage Code §106.041)
What to Do After a DUI or DWI Arrest in Houston?
Being arrested for DUI or DWI in Houston requires prompt action to protect your driving record, freedom, and future:
- Contact a DUI/DWI Lawyer
Speak with an experienced Houston DUI attorney immediately to review your case and start developing a defense strategy.
- Avoid Speaking to Police Without Counsel
Anything you say can be used against you; let your attorney communicate with law enforcement.
- Preserve Evidence
Keep records of breathalyzer results, field sobriety tests, and any relevant documents that may support your defense.
- Understand Your Charges
Be aware of the specific DUI/DWI allegation and potential penalties under Texas law.
- Follow Legal Advice
Attend all court dates, comply with bail conditions, and avoid actions that could harm your case.
Types of DUI and DWI Charges We Handle in Houston
At Juan L. Guerra Jr. & Associates, we understand that every DUI or DWI case is unique, with different circumstances, evidence, and consequences. Our lawyers, being among the best DUI lawyers in Houston, provide the experience, resources, and legal skill needed to protect your rights across Harris County and throughout Texas. DUI and DWI offenses are strictly enforced under Texas Penal Code §49.04, with penalties increasing for repeat offenses, accidents, or aggravating factors. Common DUI/DWI charges we defend include:
- First-Time DUI – A first offense can involve fines up to $2,000, license suspension for up to one year, and probation. We investigate all circumstances, challenge breath or blood test results, and explore alternatives such as diversion programs to minimize impact.
- Repeat DUI/DWI – Second and third offenses carry harsher penalties, including up to 10 years in prison for a third DWI under §49.09. Our attorneys work to reduce charges, seek probation when possible, and protect your driving record and freedom.
- DUI with Injury – When an accident causes injury, charges escalate to felony DWI under §49.08, with potential imprisonment and significant fines. We thoroughly review the accident report, challenge evidence, and pursue strategies to limit legal consequences.
- DWI with High BAC – Blood alcohol content of 0.15% or higher triggers enhanced penalties under Texas law, including longer license suspension and higher fines. We examine testing procedures, timelines, and equipment accuracy to protect your case.
- Underage DUI – Drivers under 21 face zero-tolerance laws under §106.041 of the Texas Alcoholic Beverage Code, including automatic administrative license suspension. We fight to prevent long-term consequences on your record and help navigate legal and DMV proceedings.
Understanding DUI and DWI Charges in Texas
In Houston, DUI and DWI are often used interchangeably, but Texas law distinguishes between them. A DUI typically applies to drivers under 21 with any detectable alcohol, while a DWI applies to adults with a BAC of 0.08% or higher or those impaired by drugs or alcohol. Consequences differ significantly: a DUI is usually a Class C misdemeanor for minors, whereas a DWI can result in jail time, fines, and license suspension. Working with an experienced Texas DUI/DWI attorney is essential to navigate these laws, protect your rights, and develop an effective defense strategy tailored to your case.
Deadline for Filing DUI and DWI Cases in Houston
In Texas, the statute of limitations for DUI and DWI offenses varies depending on the severity of the charge, as outlined in the Texas Code of Criminal Procedure, Article 12.01. Observing these timelines is crucial to protect your legal rights:
- Class C DUI for minors: Two years from the date of the offense.
- Class B or A DWI: Two years from the date of the offense for most misdemeanors.
- Felony DWI (e.g., intoxication assault or manslaughter): No statute of limitations for first-degree felonies, meaning prosecution can occur at any time.
What to Expect After a DUI or DWI Arrest in Houston
After a DUI or DWI arrest in Houston, understanding the process can help you protect your rights and prepare a strong defense. Acting quickly with an experienced attorney can make a critical difference in the outcome of your case.
- Field Sobriety and Chemical Tests
Officers may conduct field sobriety tests, breathalyzer tests, or blood tests to assess impairment.
- Booking Process
If arrested, you’ll be fingerprinted, photographed, and your personal information recorded.
- Arraignment
Charges are formally read, and bail or bond may be set to allow release before trial.
- Administrative License Revocation (ALR) Hearing
This hearing determines whether your license is suspended even before your criminal case concludes.
- Challenging Evidence
A Houston DUI attorney can contest unlawful traffic stops, faulty breath or blood tests, and mishandled evidence.
- Constitutional Protections
Your lawyer can raise issues such as Miranda violations or procedural errors to protect your rights.
Frequently Asked Questions
Fees vary based on case complexity, attorney experience, and whether the case goes to trial, but many Houston DUI lawyers offer flat rates or payment plans.
Texas law allows for Administrative License Revocation (ALR); your license may be suspended even before your court case concludes, depending on the circumstances.
A DUI conviction generally remains on your criminal record permanently, though eligibility for certain record sealing or deferred adjudication programs may exist under Texas law.
Houston Legal Help
JLG Law and Associates will contact you for a Free Legal Consultation
Consult an Experienced DUI/DWI Lawyer in Houston
Being charged with a DUI in Houston can have serious consequences, including fines, license suspension, and potential jail time. These cases can also impact your employment and personal life. Without experienced legal representation, you risk facing harsher penalties. At Juan L. Guerra, Jr. & Associates, we thoroughly investigate your arrest, examine evidence such as breathalyzer results and field sobriety tests, and build a strong defense to protect your rights.
We offer a free, confidential consultation to evaluate your DUI case and explain your legal options. Whether it involves a first-time offense or repeat charges, we develop a defense strategy tailored to your situation. From negotiating reduced penalties to representing you in court, our goal is to protect your freedom, maintain your driving privileges, and provide a skilled Houston DWI lawyer to guide you through the legal process.
Let's Get Started
Call or fill out our online form today to get a free and confidential consultation. At Juan L. Guerra, Jr. & Associates, every client is treated like family—and every case is handled with fierce dedication.
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