Houston DWI Lawyer

Houston DWI Lawyer

Get Aggressive DWI Representation from Benavides Law Firm

You see the flashing blue and red lights in your rear-view mirror, and immediately, your heart races. Being suspected of driving under the influence (DUI) or driving while intoxicated (DWI) can be a horrifying experience, fraught with fear and uncertainty. But being charged doesn’t mean you’re already guilty. If you are facing DWI allegations, it is recommended that you secure legal representation as soon as possible. Texas DWI cases are prosecuted very aggressively, and an experienced Houston DWI lawyer can help guide you throughout the process to ensure you are not taken advantage of and that your rights are protected.

At Benavides Law Firm, Attorney Kelly Benavides has been defending clients in DWI cases for over 20 years. With this foundation of experience behind us, we are prepared to help you, too. Our office is fluent in both Spanish and English, and we offer free case evaluations.

For a strong advocate who will fight for your rights, call our Houston traffic ticket lawyer today at (713) 955-7344 or contact us online.

Penalties for a DWI Conviction in Texas

keys next to beer glasses and alcohol caps

In Texas, you are legally intoxicated if your blood alcohol content is .08% or above. Driving while intoxicated by drugs or alcohol (DWI) is a grave offense, and the consequences of a conviction can be far-reaching. The conditions of your case will determine what you are charged with, ranging from a Class B misdemeanor for a first offense to a felony charge for subsequent and more severe cases.

Penalties for DUI and Their Implications

A DUI conviction in Texas carries severe penalties that can have lasting implications on various aspects of your life. Understanding these consequences is essential in realizing the importance of obtaining effective legal representation to mitigate these potential outcomes:

  • Heavy Fines: A DUI conviction often leads to substantial fines that can strain your finances considerably. In addition, these fines may increase if it is not your first offense.
  • Driver’s License Suspension: If convicted of DUI, your driver’s license may be suspended for a specific period, leaving you without the ability to drive legally. A license suspension can significantly impact your daily activities, including commuting to work or school.
  • Ignition Interlock Device (IID): Depending on the circumstances of your case and any previous DUI convictions, you may be required to install an IID in your vehicle. These devices measure your BAC before allowing the ignition to start, which can be both inconvenient and embarrassing.
  • Probation: A DUI conviction often comes with a probationary period during which you must meet specific requirements, such as attending alcohol education programs or abstaining from alcohol use. Violating the terms of probation can result in further legal consequences.
  • Criminal Record: A DUI conviction results in a criminal record, which can have long-term implications for employment prospects and other areas where background checks are conducted. It may also impact your ability to secure loans or housing.

These penalties can vary depending on the circumstances of your case, prior convictions, and other factors. Working with a skilled Houston DUI attorney increases your chances of minimizing these penalties or potentially having the charges dismissed altogether.

Previous DWI Charges Can Contribute to Penalties

A major contributing factor to the penalties of a DWI conviction is whether or not you have previous convictions on your record and the time frame in which those convictions occurred. For example, if you have two or more DWI convictions within five years, you may be required to install an ignition interlock device.

How a Houston DUI Attorney Can Defend YouDUI Attorney Houston

Driving under the Influence (DUI) charges can have severe consequences that can impact various aspects of your life, including your driving privileges, reputation, and even future employment opportunities. It is crucial to have a skilled DUI attorney on your side who understands the complexities of Texas laws and will vigorously defend your rights. Here are some ways a DUI attorney can help you in Houston:

Case Evaluation

A reputable Houston DUI attorney will start by evaluating the details of your case, including the circumstances surrounding your arrest, the evidence presented against you, and any potential violations of your rights during the arrest process. This evaluation helps them identify weaknesses in the prosecution’s case and develop an effective defense strategy tailored to your specific situation.

For instance, if there were doubts about the accuracy of a breathalyzer test or discrepancies in how field sobriety tests were administered, an experienced Houston DUI attorney could use these factors to challenge the validity of the evidence against you.

Legal Knowledge

Texas DUI laws can be complex and ever-evolving. A knowledgeable Houston DUI attorney stays updated on changes in legislation and legal precedents relevant to DUI cases. They possess a deep understanding of the intricacies involved in these cases, such as chemical testing procedures, blood alcohol concentration (BAC) calculations, and potential flaws in law enforcement procedures.


Let’s consider an example where a driver was stopped at a sobriety checkpoint but wasn’t aware of their rights during that encounter. A skilled Houston DUI attorney would recognize if proper protocols weren’t followed during the stop or subsequent interactions with law enforcement personnel. This knowledge could serve as a basis for challenging the legality of the arrest.

Defense Strategy

Armed with their legal insight and experience, a Houston DUI attorney will develop a tailored defense strategy aimed at achieving the best possible outcome for your case. This strategy may involve exploring potential grounds for dismissal or reduction of charges, seeking opportunities for plea bargains, or mounting a strong defense in court.

Consider a scenario where a driver’s BAC was above the legal limit at the time of arrest, but they had a legitimate reason for consuming alcohol that is backed by evidence. An astute Houston DUI attorney could present relevant information to dispute the validity of the charges or argue for leniency based on unique circumstances.

Legal Representation

Throughout the DUI process, from administrative hearings to courtroom trials, a Houston DUI attorney will provide skilled and assertive representation. They will advocate on your behalf, protect your rights, and challenge the prosecution’s case through cross-examination, expert witness testimony, and persuasive arguments.

Having the guidance of a Houston DUI attorney can make a significant difference when facing DUI charges in Houston. Their knowledge of state laws, understanding of legal processes, and ability to navigate complex legal matters are invaluable assets in ensuring your rights are protected.

Considerations When Hiring a Houston DUI Attorney

When searching for a Houston DUI attorney, there are several essential considerations to keep in mind. DUI laws can be complex and ever-changing, so having a lawyer with specific experience in this area is vital. They will have an in-depth understanding of the relevant statutes, precedents, and defense strategies that can greatly impact the outcome of your case.

Knowledge and Experience

Engaging with a competent Houston DUI attorney involves more than just their knowledge and experience. It requires open and honest communication so that they can gather all the pertinent details about your case. Be prepared to provide them with information such as the events leading up to your arrest, any interactions you had with law enforcement, and whether you have any prior criminal history.

Clear and Honest Communication

Additionally, a good Houston DUI attorney should also be a skilled communicator. They should be able to explain the legal process in simple terms, ensuring that you fully understand your options and what to expect at each stage of your case. Clear communication is essential for building trust and rapport between you and your attorney, allowing for effective collaboration throughout the entire legal process.

Track Record in DUI Cases

Another important consideration is the attorney’s experience handling DUI cases. While years of experience alone do not guarantee success, an experienced attorney will have a track record of handling similar cases and securing favorable outcomes for their clients. They will know how to navigate the legal landscape, anticipate challenges, and effectively strategize your defense.

Local Reputation

Additionally, it’s essential to consider the attorney’s reputation and standing within the legal community. Look for attorneys who have positive reviews and testimonials from past clients. Consider whether they are members of professional organizations related to DUI defense, as this can indicate their commitment to staying updated on current issues surrounding DUI laws.

Consider their familiarity with local laws and court procedures. DUI laws can vary from state to state and even within different counties. An attorney who regularly practices in the jurisdiction where your case will be heard is likely to be familiar with local practices, judges, prosecutors, and potential strategies that could work to your advantage.

Cost Considerations

Some individuals may prioritize cost when hiring a Houston DUI attorney. While you should be mindful of your budget, it’s crucial not to compromise quality representation for a cheaper price. Remember that investing in an experienced lawyer can potentially save you significant financial consequences and protect your future.

The Best DUI Attorney For Your Case

Lastly, trust your instincts when meeting with potential attorneys. A strong attorney-client relationship built on trust and open communication is crucial for effective collaboration throughout the duration of your case.

Attorney Kelly D. Benavides at the Benavides Law Firm in Houston has over 20 years of experience defending clients in criminal defense and traffic ticket cases. With a 10.0 Superb Avvo Rating and membership in the National College for DUI Defense, she has a proven record of advocating aggressively for her clients. At Benevides Law Firm, we are here to assist you in assessing your case to determine its merits and challenges, and will put our experience to work for you to do everything possible on your behalf. 

Protecting Your Rights During a DUI Case

Finding yourself facing DWI charges can be an overwhelming and stressful experience. However, it is essential to understand that you have certain legal rights that must be protected throughout the process. What are some key rights you should be aware of during a DUI case?

First and foremost, you have the right to remain silent. This means that you do not have to answer any questions posed by law enforcement officers without the presence of your attorney. Exercise this right, as anything you say can potentially be used against you in court. It is always advisable to consult with your attorney before providing any statements.

Furthermore, you have the right to legal representation. This means that you have the opportunity to hire an attorney who will advocate on your behalf and guide you through the legal process. A competent Houston DUI attorney, such as those at the Benavides Law Firm, will ensure that your rights are protected at every stage, from arrest to trial.

In addition to these fundamental rights, your attorney understands the procedures around sobriety tests and search and seizure laws. Field sobriety tests, breathalyzer tests, and blood tests must adhere to specific protocols and standards. An experienced Houston DUI attorney will thoroughly examine the circumstances surrounding these tests to determine if any violations of your rights occurred.

Some may argue that protecting one’s rights during a DUI case might seem unnecessary if they believe they are guilty. However, guilty individuals have the right to a fair trial and proper legal representation. A skilled Houston DUI attorney can explore potential weaknesses in the prosecution’s case, challenge evidence, negotiate for reduced charges or favorable plea deals, and work towards achieving the best possible outcome for their client.

Why Hire a Competent Houston DUI Attorney?

Attorney Kelly Benavides

Dealing with a DUI charge is an overwhelming and potentially life-altering experience. If you find yourself facing these charges in Houston, you need the services of a competent Houston DUI attorney who can provide you with the aggressive defense you need.

Our traffic attorney can thoroughly investigate your case and help you structure an aggressive defense. We have helped clients from all walks of life, including minors who have been charged with a DWI. With this foundation of experience behind us, we are committed to helping clients through this challenging time.

To speak with our Houston traffic ticket lawyers, contact Benavides Law Firm at (713) 955-7344.

Benavides Law Firm – Houston Office

533 Studewood St
Houston, TX 77007
P: (713) 226-7889