DWI

Houston DWI Attorneys

A single night on the I-10 or a stop near Washington Avenue can change your life in an instant. If you are facing charges for driving while intoxicated in Harris County, you are not just fighting a traffic ticket; you are fighting for your freedom, your driver’s license, and your future. 

The Texas legal system treats intoxication offenses with extreme severity, but an arrest is not the same as a conviction. You need Houston DWI attorneys with the warrior spirit to take on the prosecution and protect your constitutional rights.

At the Charles Johnson Law Firm, we believe in human-centered representation. You are a person with a family and a career, not a case number on a crowded docket. When you hire our firm, you work directly with Charles Johnson. You will not be passed off to a junior associate or a paralegal. We are providing you with Mr. Johnson’s personal cell number so you have 24/7 access to your legal counsel. We are here to solve problems every day.

Do not wait until your first court date to begin your defense. Call our law office for a free consultation. Your future depends on the actions you take today.

Understanding Texas DWI Laws and Penalties

Texas law is clear regarding the operation of a motor vehicle in a public place while intoxicated. Under Texas Penal Code § 49.04, intoxication is defined as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, or a combination of those substances. It also includes having an alcohol concentration of 0.08 or more.

The penalties for a DWI conviction in Texas are harsh and designed to escalate with each subsequent offense:

  • First DWI Offense: Classified as a Class B misdemeanor. You could face a fine of up to $2,000, between 72 hours and 180 days in jail, and a driver’s license suspension for 90 days to one year. If your blood alcohol concentration (BAC) was 0.15 or higher, the charge is enhanced to a Class A misdemeanor.
  • Second DWI Offense: A Class A misdemeanor carrying a fine of up to $4,000 and jail time ranging from 30 days to one year.
  • Third DWI Offense: This is a third-degree felony. Conviction can result in a fine of up to $10,000 and 2 to 10 years in the Texas Department of Criminal Justice prison system.

Beyond these penalties, the state assesses mandatory “repayment” fines upon conviction, ranging from $3,000 to $6,000 for first and subsequent offenses as established by Texas Transportation Code § 709.001.

Protecting CDL Holders, Minors, and Military Members from Lifelong Consequences

For commercial drivers, young Texans, and service members, a DWI arrest carries devastating collateral consequences. Under Texas Transportation Code § 522.081, a CDL DUI is triggered at a 0.04 BAC, with a conviction or a missed ALR hearing deadline resulting in a mandatory one-year disqualification. We recognize that your license is your livelihood and fight to prevent career-ending bans.

Texas also maintains “zero tolerance” for those under 21, making it illegal to drive with any detectable alcohol. While an underage DUI is often a Class C misdemeanor, a minor with a BAC of 0.08 or higher faces full adult penalties. Additionally, we provide the aggressive advocacy required for a military DUI, where a civilian conviction can lead to UCMJ actions, loss of rank, or security clearance revocation. Whether protecting your career or your child’s future, our firm ensures that a single mistake does not lead to permanent devastation

Field Sobriety Tests and the Standard of Evidence

The evidence used against you in a Harris County courtroom often begins with Standardized Field Sobriety Tests (SFSTs). These tests, which include the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand, are designed to detect impairment. However, they are highly subjective and prone to human error. 

According to the National Highway Traffic Safety Administration (NHTSA), these tests must be administered in a very specific, standardized manner to be considered valid indicators of intoxication.

Our Houston DWI attorneys meticulously review the patrol car dashcam and officer body-cam footage to determine whether the officer followed these strict protocols. Environmental factors common in Houston, such as uneven pavement on feeder roads, bright flashing lights from emergency vehicles, or even heavy wind, can cause a person to “fail” these tests regardless of their sobriety. We understand that physical coordination is not always a reflection of mental state, and we use that distinction to build reasonable doubt.

The Administrative License Revocation (ALR) Process

One of the most immediate concerns after a DWI arrest is the loss of your driving privileges. Many people do not realize that the legal process for your license is entirely separate from your criminal case. This process is known as the Administrative License Revocation (ALR) program.

When you are arrested, the police officer will likely seize your license and issue a temporary permit. Under Texas Transportation Code § 724.015, you have only 15 days from the date of the notice to request an ALR hearing. If you fail to request this hearing, your license will be suspended automatically on the 40th day after notice was served.

Our Houston DWI lawyers use these hearings as a strategic tool. It is often our first opportunity to cross-examine the arresting police officer under oath. We can uncover weaknesses in the state’s case, such as a lack of probable cause for the initial stop or errors in the administration of field sobriety tests.

Long-Term Consequences of a DWI Conviction in Texas

A DWI conviction carries weight far beyond the courtroom and the initial jail time. In Texas, a permanent criminal record for an intoxication offense can follow you for decades. Under Texas Government Code § 411.0731, certain first-time offenders may be eligible for a non-disclosure agreement to keep their record out of the public view, but this is not automatic and requires a specific legal process.

Without a successful defense, a conviction can lead to:

  • Employment Barriers: Many employers in the Houston energy and medical sectors have strict policies prohibiting the hiring of individuals with recent alcohol-related convictions.
  • Professional Licensing Issues: If you are a nurse, teacher, or pilot, a DWI can trigger a mandatory report to the Texas Board governing your profession, potentially leading to a license suspension.
  • Insurance Hikes: Your auto insurance premiums will likely skyrocket, and you may be required to file an SR-22 certificate with the Texas Department of Public Safety for several years.

Our firm prioritizes the preservation of your professional standing and financial stability by establishing a rigorous defense immediately. We represent clients to keep their records clean and their futures bright.

Aggressive Legal Defense for Serious Intoxication Charges

The Charles Johnson Law Firm provides aggressive legal representation for all levels of intoxication charges. While a standard DWI is serious, certain factors can elevate the stakes significantly.

Intoxication Assault and Manslaughter

If an accident involving alcohol results in serious bodily injury to another, you may be charged with intoxication assault, a third-degree felony under Texas Penal Code § 49.07. If a death occurs, the charge is intoxication manslaughter, a second-degree felony punishable by up to 20 years in prison. These cases require a proven trial lawyer who understands how to challenge blood-draw evidence and accident-reconstruction reports.

DWI with a Child Passenger

Texas law is particularly strict when children are involved. Under Texas Penal Code § 49.045, driving while intoxicated with a passenger under the age of 15 is a state jail felony. Even for a first-time offender, this carries a mandatory jail sentence and significant fines.

Challenging the Prosecution’s Evidence

A strong defense is built by identifying reasonable doubt in the prosecution’s narrative. As experienced criminal defense attorneys, we look at every detail of the entire process, from the moment the police sirens turned on to the final lab results.

We analyze whether the officer had a lawful reason to stop your vehicle. We scrutinize the administration of Standardized Field Sobriety Tests (SFSTs). These tests are often performed in less-than-ideal conditions along busy Houston highways, leading to inaccurate results. Furthermore, we investigate the maintenance records of breathalyzer machines and the chain of custody for blood samples. If the Texas Department of Public Safety did not follow strict protocols, the evidence against you may be suppressed.

Our goal is always a not guilty verdict or to have the cases dismissed before they ever reach a jury. We are criminal defense lawyers who are not afraid to go to trial when the state refuses to be fair.

Why Choose the Charles Johnson Law Firm?

When you are facing criminal charges, the firm you choose matters. The criminal law landscape in Texas is unforgiving, and the consequences of a conviction stay with you forever. A criminal record for DWI can prevent you from obtaining certain jobs, housing, or professional licenses.

At our law firm, we offer:

  • 24/7 Direct Access: You get Charles Johnson’s personal cell phone number.
  • Warrior Spirit: We provide aggressive Houston DWI lawyers who fight to win.
  • No Shuffling: You hire Charles Johnson, you get Charles Johnson.
  • Proven Track Record: We have a history of fighting for a not-guilty DWI verdict.

We represent clients throughout Houston, TX, and the surrounding areas, providing legal defense rooted in our commitment to your constitutional rights. Whether it is your first DUI case or you are facing felony enhancements, we provide the sophisticated representation you deserve.

Your Future is Worth Fighting For

A DWI arrest is a crisis, but it does not have to be the end of your story. From protecting your driver’s license at an ALR hearing to representing you in front of a jury, the Charles Johnson Law Firm is dedicated to “Solving problems, every day.”

Do not leave your freedom to chance or rely on inexperienced firms. You need a DWI attorney who understands the high stakes of Texas law. We will stand by you through every step of the legal process, ensuring you are informed and empowered.

Contact the Charles Johnson Law Firm today at (713) 561-5905 for your free consultation. Let us put our warrior spirit to work for your defense.