Houston DWI Defense Lawyer: Skilled Courtroom Representation

Kelly Benavides – DWI Defense Lawyer

We’ve seen how DUI/DWI charges can dramatically impact lives in Houston, from career setbacks to personal hardships. At Benavides Law Firm, we understand that strong legal DWI defense makes the difference between a devastating outcome and a manageable resolution. Our founding attorney, Kelly Benavides, brings over two decades of courtroom experience challenging breathalyzer results, examining police procedures, and protecting clients’ rights. Let’s explore how we navigate Texas DUI/DWI laws to achieve the best possible results.

Key Points

Aggressive defense against DUI/DWI charges with deep knowledge of Texas impaired driving laws and constitutional rights.
Strategic pre-trial motions and evidence examination to challenge field sobriety tests, breathalyzer results, and traffic stop procedures.
Over 20 years of criminal defense experience representing clients facing first-time and repeat DUI/DWI charges.
Comprehensive investigation of police protocols, dashcam footage, witness statements, and medical records to build strong defense strategies.
Skilled courtroom advocacy to challenge probable cause, test reliability, and protect clients from severe penalties and license suspensions.

Understanding DUI/DWI Laws in Texas

While Texas law uses both DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) terms, they carry distinct legal meanings. DUI typically applies to minors under 21 with any detectable amount of alcohol, while DWI charges stem from adults with a blood alcohol concentration of 0.08% or higher.

We’ve seen how Texas takes impaired driving seriously, with penalties ranging from fines and license suspension to potential jail time. First-time DWI offenders face up to $2,000 in fines, 180 days in jail, and a one-year license suspension. Multiple convictions result in steeper consequences.

Understanding these laws is vital because Texas doesn’t offer plea bargains to reduce DWI charges to lesser offenses. That’s why we’re committed to helping you navigate the complex legal system and protect your rights.

A skilled attorney can help challenge the validity of your arrest through pre-trial motions and evidence examination.

Common DUI/DWI Penalties and Consequences

Building on Texas DUI/DWI regulations, defendants must understand the full scope of potential penalties they face. At Benavides Law Firm, we’ll guide you through the serious consequences that can impact your future after an impaired driving arrest.

Common penalties for DUI/DWI convictions in Texas include:

First offense: Up to $2,000 in fines, 180 days in jail, and license suspension for up to one year
Second offense: Up to $4,000 in fines, one year in jail, and two-year license suspension
Third offense: Up to $10,000 in fines, ten years in prison, and two-year license suspension
Additional consequences: Mandatory alcohol education programs, ignition interlock devices, and increased insurance rates

We understand these penalties can seem overwhelming, but we’re here to protect your rights and explore every legal defense option available to minimize their impact on your life.

Defendants may challenge their charges by questioning the accuracy of field sobriety tests or blood alcohol measurements administered during the arrest.

Why Choose Kelly Benavides as Your Defense Attorney

The distinguished career of Kelly Benavides spans over 15 years defending Houston residents against DUI/DWI charges. We comprehend that choosing the right attorney can make a critical difference in your case’s outcome. Kelly’s proven track record and dedication to client advocacy set her apart in Houston’s legal community. With a Superb Avvo Rating of 10.0, she has built an exceptional reputation serving clients throughout the Houston area.

Experience	Commitment
Board Certified	24/7 Availability
500+ Cases Won	Free Consultation
Jury Trial Expert	Personal Attention
Local Court Knowledge	Payment Plans
Former Prosecutor	Spanish Speaking

When you work with Kelly, you’re getting more than just legal representation – you’re gaining a strategic advocate who understands both sides of DUI/DWI cases. Her background as a former prosecutor provides unique insights into case building and defense strategies that can benefit your situation.

Proven Defense Strategies for Impaired Driving Cases

At our law firm, we’ve developed proven defense strategies that protect your rights when facing impaired driving charges in Houston. We thoroughly examine chemical test results, procedures, and equipment calibration to identify potential weaknesses in the prosecution’s evidence.

Our thorough approach includes preserving your driving privileges while building a strong defense case that challenges every aspect of the charges against you. We understand that rising blood alcohol after a traffic stop can lead to test results that don’t accurately reflect your condition while driving.

Building Strong Defense Cases

Successful defense strategies for impaired driving cases require meticulous analysis of every detail surrounding the arrest. We’ll examine every aspect of your case to build the strongest possible defense, from the initial traffic stop to the field sobriety tests and chemical testing procedures.

Our thorough investigation focuses on:

Establishing whether proper protocols were followed during the traffic stop and arrest
Analyzing the accuracy and maintenance records of testing equipment
Reviewing officer conduct and procedural compliance
Identifying potential violations of your constitutional rights

We understand that a DWI charge can feel overwhelming, but we’re skilled at uncovering pivotal details that could impact your case. By carefully documenting inconsistencies, challenging questionable evidence, and leveraging procedural errors, we develop defense strategies tailored to your specific circumstances.

Challenging Chemical Test Results

Building on our investigative approach, chemical test results often appear conclusive but can be effectively challenged through several scientifically-backed strategies. We examine the calibration records of testing equipment, maintenance logs, and proper testing procedures to identify potential irregularities. Any deviation from strict protocols can invalidate results.

We’ll scrutinize the timing of blood or breath tests, as delayed testing may not accurately reflect your condition when driving. Our team analyzes whether officers followed proper observation periods and testing procedures. We also investigate if medical conditions, dietary factors, or environmental elements could have affected your results.

Through careful examination of these technical aspects, we’ve successfully challenged many chemical test results, leading to reduced charges or case dismissals for our Houston clients.

Protecting Your Driving Privileges

When facing impaired driving charges in Houston, protecting your driving privileges requires immediate strategic action within the first 15 days after arrest. We’ll help you navigate the Administrative License Revocation (ALR) hearing process to contest your license suspension and protect your right to drive.

We can request an ALR hearing to challenge the suspension before the Texas Department of Public Safety. We’ll scrutinize the officer’s probable cause for the traffic stop and subsequent arrest. We’ll examine whether proper protocols were followed during field sobriety and chemical testing. We can help secure an occupational license if needed to maintain work and essential travel.

Our experienced team understands how critical maintaining your driving privileges is for your career, family obligations, and daily life. We’ll aggressively defend your rights while working to preserve your ability to drive legally.

Fighting Breathalyzer and Blood Test Results

A skilled Houston DWI defense lawyer can challenge breathalyzer and blood test results through several proven strategies. We’ll examine whether proper testing protocols were followed, if the equipment was properly calibrated, and whether the officer was certified to administer the tests. Common defenses include challenging the 15-minute observation period before breathalyzer tests and questioning blood sample storage procedures.

We can also investigate if medical conditions, dental work, or certain foods affected your breath test results. For blood tests, we’ll scrutinize the chain of custody, lab procedures, and qualifications of testing personnel. If we identify any procedural errors or violations of your rights, we may be able to suppress the test results or have them thrown out entirely, greatly strengthening your defense against DWI charges. Officers often rely on physical impairment signs like slurred speech and bloodshot eyes to establish probable cause for testing.

Your Rights During a DUI/DWI Stop and Arrest

We’ll help you understand your critical Miranda rights and implied consent obligations during a DUI/DWI stop in Houston. When law enforcement stops you, you have constitutional protections against self-incrimination and the right to remain silent, though Texas implied consent laws require drivers to submit to chemical testing or face automatic license suspension. Our experienced DWI defense team knows how to identify violations of these rights and uses them to build strong defenses for our clients. If convicted, you may need to explore whether sealing your records is possible since Texas does not allow DWI expungement.

Asserting Your Miranda Rights

Understanding your Miranda rights during a DUI/DWI stop represents one of the paramount aspects of safeguarding yourself during an encounter with law enforcement. To guarantee these constitutional protections serve as your shield against self-incrimination and ensure fair treatment under the law.

Your essential Miranda rights include:

The right to remain silent when questioned by police
The right to have an attorney present during questioning
The right to have a court-appointed attorney if you can’t afford one
The right to stop answering questions at any time, even if you’ve already started

We strongly recommend invoking these rights immediately and clearly. Simply state, “I’m exercising my right to remain silent and request an attorney.” Don’t feel pressured to explain or justify your choice – it’s your constitutional right to protect yourself.

While Miranda rights protect your speech during police encounters, Texas implied consent laws specifically impact your obligations regarding chemical testing during DUI/DWI stops. When you obtain a Texas driver’s license, you’ve already agreed to submit to breath or blood tests if lawfully arrested for impaired driving. Refusing these tests triggers automatic license suspension.

We recommend understanding that implied consent doesn’t mean you must take every test. You can refuse preliminary breath tests before arrest without penalty. However, post-arrest refusals lead to an automatic 180-day license suspension for first offenses. If you’ve previously refused or been convicted of DWI, the suspension extends to two years. Let’s discuss your options if you’re facing chemical test refusal consequences – timely action can help protect your driving privileges.

Timeline of a Houston DUI/DWI Case

A Houston DUI/DWI case follows a predictable sequence of events that begins with the initial traffic stop and can extend several months through the legal process. We’ll help you understand what to expect at each stage of your case.

Arrest and Booking: You’ll undergo processing at the station, including fingerprinting, photographs, and potential blood alcohol testing

Initial Court Appearance: Within 24-48 hours, you’ll have your first hearing where bail is set and charges are formally read

Administrative License Hearing: You have 15 days to request a hearing to contest your license suspension

Pre-trial and Trial Phase: This includes evidence review, motion filing, negotiations with prosecutors, and if necessary, a trial before a judge or jury

Understanding these key phases helps us develop the most effective defense strategy for your case.

If you refuse a breath or blood test, you could face an administrative license suspension lasting up to two years.

Building a Strong Defense for Your DUI/DWI Case

Each phase of your DUI/DWI case presents opportunities to build a robust defense strategy. We’ll carefully examine every detail, from the initial traffic stop to the field sobriety tests and chemical test results. We focus on key elements like probable cause for the stop, proper administration of tests, and maintenance records of testing equipment.

Our defense approach includes investigating whether officers followed proper protocols, challenging the accuracy of breathalyzer results, and identifying any constitutional violations. We’ll analyze police dashcam footage, gather witness statements, and review medical records that might explain behavior misinterpreted as intoxication.

If applicable, we’ll question the reliability of field sobriety tests due to physical conditions, medications, or environmental factors. Through methodical examination of evidence and procedural compliance, we’ll identify and exploit weaknesses in the prosecution’s case.

With over 20 years experience in criminal defense, we understand how to effectively challenge DUI evidence and protect your rights.

Frequently Asked Questions

Can I Drive to Work While My Dui/Dwi Case Is Pending?

We’ll help you understand your driving options during a pending DUI/DWI case. You may be able to drive if you’ve obtained a temporary permit or occupational license through proper legal channels.

How Long Will a Dui/Dwi Charge Stay on My Background Check?

We’re looking at a DUI/DWI staying on your record permanently unless it’s expunged or sealed. Most states keep it visible for 5-10 years on background checks and insurance records.

Will I Need to Attend Alcohol Education Classes Before Trial?

We’ll need to evaluate your specific case, as pre-trial alcohol education requirements vary. Some courts mandate classes before trial, while others make them part of sentencing or plea agreements.

Can I Travel Internationally During My Dui/Dwi Case?

We’ll need to review your specific case conditions, as international travel during a DUI/DWI case depends on your bond restrictions and court requirements. Let’s check your paperwork and coordinate with the court.

How Do Prior Out-Of-State DUI Convictions Affect My Texas Case?

Prior out-of-state DUI convictions can enhance penalties in Texas, affecting both punishment ranges and license consequences. We’ll need to examine your specific case details to determine the exact impact on current charges.

Takeaway

We’ve demonstrated our firm’s commitment to providing skilled DUI/DWI defense representation in Houston. Through our extensive experience, proven strategies, and thorough understanding of Texas impaired driving laws, we’re equipped to challenge every aspect of the prosecution’s case. When you’re facing DUI/DWI charges, we’ll protect your rights, examine all evidence, and develop the strongest possible defense to achieve ideal results in your case.