DWI Attorney Houston

We know how serious a DWI charge is in Houston. You need a good lawyer to help. At the Benavides Law Firm, we have strategies to fight your case. We look at field sobriety tests and blood alcohol content results closely. Let’s see how a skilled lawyer can protect your rights and future.

 

Key Points

• Attorney Kelly Benavides specializes in DWI defense. He has a lot of experience with breathalyzer accuracy, field sobriety tests, and blood test procedures.
• We have detailed defense plans. We check if the traffic stop was legal, if the equipment was right, and if police followed the rules in Houston courts.
• We protect your rights by looking at probable cause, Miranda rights, and how your DWI arrest was documented.
• Our defense looks at scientific evidence. This includes BAC testing accuracy, maintenance records, and how the blood or breath sample was handled.
• We investigate cases with high BAC levels carefully. We look at timeline evidence, how alcohol is absorbed, and any medical conditions.

Understanding Texas DWI Laws and Penalties

Many drivers in Texas don’t know how serious DWI laws are until they face charges. At Benavides Law Firm, we explain that a DWI can lead to fines up to $10,000, license suspension, and jail time. This is true even for first-time offenders.

In Texas, a Blood Alcohol Content (BAC) of 0.08% or higher is considered drunk. But, you can still be charged if police think you’re impaired, even with a lower BAC.

For BAC levels over 0.15, penalties get tougher. A second DWI offense is a Class A misdemeanor. This means fines up to $4,000 and jail time of 30 days to 1 year.

Common DWI Defense Strategies in Houston Courts

In Houston courts, we use several strategies to defend DWI cases. We check if the traffic stop was legal and if police had the right to stop you. We also look at how field sobriety tests, breath tests, and blood tests were done.

We question the accuracy of breathalyzer results. This can be affected by many things, like medical conditions or diet. If there’s police body camera footage, we study it for mistakes or rights violations. In blood test cases, we look at how the sample was handled.

These strategies often find weaknesses in the prosecution’s case. This can lead to reduced charges or even a dismissal. Our lawyers also look at the timing of BAC testing. Since blood alcohol levels can rise after arrest, this can create doubt about being drunk while driving.

The Impact of Blood Alcohol Content on Your Case

Blood Alcohol Content (BAC) levels greatly affect DWI charges and defense strategies in Houston courts. We carefully examine how your blood or breath test was done.

A BAC of 0.08% is the legal limit. We challenge the testing equipment’s calibration and maintenance records at this level.

BACs between 0.15% and 0.20% lead to harsher penalties. We investigate timeline evidence and how alcohol is absorbed at this range.

Results above 0.20% need a strong defense. This includes looking at medical conditions and retesting blood samples.

We know the science behind BAC testing. We find errors that can make results inaccurate. Let’s look at your BAC evidence to build your strongest defense.

Having multiple DWI convictions within five years may require an ignition interlock device in your car.

Police Procedures and Your Rights During a DWI Stop

Feeling overwhelmed? Knowing about arrest procedures can help protect your rights.

When police stop you for DWI, they must follow strict rules. If they don’t, it might help your case. We look at dash cam footage and reports to find mistakes. Things like wrong reasons for the stop or not reading your rights correctly are important.

Police Must Do	You Should Know
Read Miranda rights	Right to remain silent
Follow field test protocols	Right to refuse tests
Have probable cause	Right to call attorney
Document procedures	Right to record stop

Building a Strong Defense With Scientific Evidence

A good DWI defense needs to question the science used against you. We know how to check the accuracy of breath tests and blood samples. Our goal is to find flaws that raise doubts.

We look at maintenance records of breath testers for accuracy. We check how blood samples were stored and handled. We also review body cam footage to see if field tests were done right. Officers need to show clear signs of impairment, like slurred speech, to legally arrest you.

Consequences of Multiple DWI Offenses in Texas

Getting caught with a DWI in Texas gets tougher with each offense. A second DWI can mean up to a year in jail, $4,000 in fines, and a two-year license suspension.

Third and later offenses bring even harsher penalties. You could face 2-10 years in prison and fines up to $10,000.

There are also mandatory ignition interlock devices, higher insurance rates, and alcohol education programs. Your job and travel plans might be affected too.

Multiple DWI convictions can hurt your immigration status and make traveling hard. That’s why getting a lawyer right away is crucial.

You can challenge your charges by pointing out mistakes in field sobriety tests and other arrest errors.

How Field Sobriety Tests Can Be Challenged

Field sobriety tests are not foolproof and can be questioned in court. We’ll show you how different factors can make these tests unreliable.

Things like uneven ground, bad lighting, and weather can affect your balance. So can medical issues like inner ear problems or back injuries.

Officer mistakes, like giving wrong instructions, can also make the tests invalid. We often challenge these tests in court by pointing out these issues.

Having experienced legal help can greatly improve your chances of winning in court.

The Role of Expert Testimony in DWI Cases

Expert testimony is key in building a strong DWI defense. At our firm, we work with experts like toxicologists and accident reconstructionists. They help us challenge the prosecution’s evidence.

These specialists explain complex science to juries. They point out flaws in blood alcohol testing and police methods. This helps us defend our clients against DWI charges.

Expert witnesses are crucial in explaining how medications and medical conditions affect sobriety tests. They also question the reliability of breathalyzer results. Their testimony often raises doubts about the prosecution’s evidence.

Understanding expert testimony is even more important since prior DWI convictions can greatly affect future penalties.

Frequently Asked Questions

How Much Does a DWI Attorney in Houston Typically Charge?

Houston DWI attorney fees range from $5,000 to $15,000. This depends on the case’s complexity, the attorney’s experience, and if the case goes to trial.

Can I Drive to Work While My DWI Case Is Pending?

We’ll help you figure out your driving options. You can drive if you have a valid license and weren’t suspended. But, always check specific restrictions.

How Long Will a DWI Case Usually Take to Resolve?

A DWI case usually takes 3-9 months to resolve. But, it can vary based on your case, court schedules, and if we’re going for a plea deal or trial.

Will My Car Insurance Rates Increase After a DWI Arrest?

Yes, your insurance rates will likely increase a lot after a DWI arrest. They could double or triple. These increases usually last 3-5 years until your record clears.

Can I Travel Internationally While Facing DWI Charges in Houston?

We advise you to talk to your attorney before traveling internationally with pending DWI charges. Your passport might be restricted. Leaving could violate bond conditions or court requirements.

Takeaway

We’re dedicated to providing experienced DWI defense in Houston. We investigate thoroughly and analyze evidence scientifically. Our team challenges procedural errors and questions testing accuracy.

We also scrutinize police conduct to protect our clients’ rights. By using expert testimony and knowing Texas DWI laws, we build strong defenses. We address blood alcohol content, field sobriety tests, and multiple offense implications.