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DWI Lawyer | DUI Specialist | Attorney Kelly Benavides – Benavides Law Firm

We’re here to guide you through the complexities of DWI defense in Houston’s legal system. As experienced attorneys at Benavides Law Firm, we’ve successfully defended hundreds of clients facing drunk driving charges across Harris County’s courts. Our broad/expansive/extensive approach combines thorough case analysis, strategic defense planning, and aggressive representation to protect your rights and future. Let’s examine how our proven track record and specialized DWI expertise can make a critical difference in your case.

DWI Lawyer - Kelly Benavides - Benavides Law Firm

Key Points

  • Kelly Benavides has successfully defended over 500 DWI cases in Houston’s criminal courts with proven results and case dismissals.
  • Provides personalized defense strategies by analyzing traffic stops, sobriety tests, and chemical test results for each unique case.
  • Holds top legal ratings and decades of experience specializing in DWI defense throughout Harris County and surrounding areas.
  • Effectively challenges field sobriety tests, blood tests, and probable cause while maintaining strong relationships with local courts.
  • Offers comprehensive DWI defense representation, from first-time offenses to felony cases, with expertise in Texas DWI laws.

Understanding Texas DWI Laws and Penalties

While Texas takes a strict stance on impaired driving, understanding the state’s DWI laws is essential for anyone facing charges. In Texas, we define DWI as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by drugs or alcohol.

First-time DWI offenses can result in up to 180 days in jail, fines up to $2,000, and license suspension for up to one year. We often see enhanced penalties for BAC levels above 0.15%, having a child passenger, or multiple convictions. These consequences can include increased jail time, steeper fines, and mandatory ignition interlock devices.

We’ll help you navigate these complex laws and understand potential defenses, from challenging BAC test accuracy to questioning probable cause for the traffic stop. A second DWI offense elevates to a Class A misdemeanor with potential jail time of up to one year and fines reaching $4,000.

Why Choose Kelly Benavides as Your DWI Defense Attorney

At our law firm, we’ve observed that Kelly Benavides’ track record includes over 500 successfully defended DWI cases across Houston’s criminal courts. She develops customized defense strategies by analyzing every aspect of your case, from the initial traffic stop to blood alcohol testing procedures and police protocols. We’ll leverage her extensive courtroom experience and deep knowledge of Texas DWI laws to protect your rights and pursue the best possible outcome for your situation. With a 10.0 Superb Avvo Rating and decades of criminal defense experience, she provides aggressive advocacy while maintaining clear communication throughout your case.

DWI Experience and Results

Experience matters when choosing a DWI defense attorney in Houston. At Benavides Law Firm, we’ve successfully handled hundreds of DWI cases across Harris County and surrounding areas. Our track record includes numerous case dismissals, reduced charges, and favorable plea agreements for our clients.

The team at Benavides Law Firm has developed effective defense strategies for various DWI scenarios, including first-time offenses, felony DWI, and cases involving blood alcohol content testing. Our expertise extends to challenging field sobriety tests, questioning probable cause, and protecting commercial driver’s licenses.

Through years of defending Houston residents against DWI charges, the professionals at Benavides Law Firm have established strong working relationships with local prosecutors and courts. The team comprehends Texas DWI laws thoroughly and stays current with changing regulations and precedents that could affect your case’s outcome.

Strategic Defense Planning

Strategic defense planning begins with a thorough evaluation of your DWI case by Kelly Benavides. We’ll analyze every detail, from the initial traffic stop to the field sobriety tests and chemical test results.

Our defense strategy considers vital factors including probable cause, police procedures, and evidence collection methods. We’ll identify potential constitutional violations and procedural errors that could support motion filings to suppress evidence or dismiss charges.

Our team meticulously reviews bodycam footage, police reports, and witness statements to build an extensive defense strategy. We’ll examine the calibration records of testing equipment and the qualifications of law enforcement personnel involved in your case.

Together, we’ll develop a tailored approach that addresses the specific circumstances of your Houston DWI case, leveraging every legal option available to protect your rights.

Common DWI Defense Strategies in Houston Courts

When facing DWI charges in Houston courts, defendants can employ several proven defense strategies that challenge the prosecution’s evidence and protect their rights. We’ve successfully used these approaches to defend our clients against DWI charges throughout Harris County.

Defense Strategy Key Elements
Field Sobriety Challenge Improper test conditions, medical conditions, officer training
Blood Test Contest Chain of custody issues, testing procedures, lab certification
Probable Cause Attack Illegal stop, lack of reasonable suspicion, constitutional violations
Breath Test Defense Machine calibration, operator certification, observation period

Our defense team analyzes every aspect of your case to identify procedural errors, constitutional violations, and evidence reliability issues. We’ll scrutinize police reports, examine video footage, and challenge breathalyzer results to build the strongest possible defense for your case. Credible witness testimony about your behavior before and during the arrest can effectively contradict the officer’s narrative and support your defense.

Challenging Blood Alcohol Testing and Field Sobriety Tests

We challenge DWI blood test results by examining documented error rates, lab protocols, and proper chain of custody procedures that can impact accuracy.

Field sobriety tests often contain inherent flaws due to medical conditions, environmental factors, or improper test administration by law enforcement officers.

Through careful analysis of these testing methods, we’re able to identify potential vulnerabilities that could lead to false positive results and create reasonable doubt in Houston DWI cases.

Blood alcohol concentration testing above .08% can result in immediate arrest and charges, regardless of other impairment indicators.

Blood Test Error Rates

Despite their widespread use in DWI cases, blood alcohol tests have documented error rates that can substantially impact results. We find that error rates typically range from 3% to 10%, stemming from various factors including improper storage, contamination, and lab technician mistakes. These margins of error can make the difference between a BAC reading that’s over or under the legal limit.

We regularly challenge blood test results by examining the complete testing process, from collection to analysis. Key factors we investigate include proper chain of custody, storage temperatures, testing equipment calibration, and qualification of lab personnel. Even minor deviations from proper protocol can render test results inadmissible in court. When we identify these errors, we can often successfully challenge the validity of blood alcohol evidence in our clients’ DWI cases.

Field Sobriety Test Flaws

Field sobriety tests, though commonly administered during DWI stops, contain inherent flaws that challenge their reliability as evidence. We regularly demonstrate how these tests fail to account for physical limitationsmedical conditions, and environmental factors that can affect performance. Even perfectly healthy individuals may struggle with balance tests on uneven surfaces or in poor weather conditions.

We’ve successfully challenged the accuracy of standardized field sobriety tests by highlighting how officer bias, improper test administration, and natural anxiety can lead to false positives. The walk-and-turn and one-leg stand tests don’t consider age, weight, or physical injuries. Additionally, the horizontal gaze nystagmus test requires precise administration, which officers often conduct incorrectly in field conditions. These flaws can provide strong grounds for contesting DWI charges in Houston courts.

First-Time DWI Offense: What You Need to Know

Facing a first-time DWI charge in Houston can be an overwhelming and frightening experience for anyone unfamiliar with Texas criminal law. We comprehend you have concerns about potential penalties, which can include up to 180 days in jail, fines reaching $2,000, and a one-year license suspension.

We’ll guide you through the critical first steps: securing immediate legal representation, preserving evidence, and filing time-sensitive paperwork like the ALR hearing request within 15 days. Many first-time offenders qualify for alternative programs like pretrial diversion or probation that can help minimize long-term consequences.

As your DWI defense team, we’ll examine every aspect of your case, from the initial traffic stop to BAC testing procedures, ensuring your rights are protected while working toward the best possible resolution under Texas law. Our experienced attorneys understand that sobriety checkpoints and field tests can be challenged through proper legal strategies to build a strong defense.

Protecting Your Driver’s License After a DWI Arrest

A DWI arrest in Houston triggers an automatic driver’s license suspension within 40 days unless you take immediate action to protect your driving privileges. We’ll help you request an Administrative License Revocation (ALR) hearing to contest your suspension. SR-22 certification from your auto insurance company must be provided to demonstrate financial responsibility.

Action Required Timeline
Request ALR Hearing Within 15 days of arrest
Temporary License Validity 40 days from arrest
ALR Hearing Date Usually 30-60 days after request
License Suspension Period 90-180 days for first offense
Occupational License Filing After suspension begins

During this critical period, we’ll gather evidence, challenge the suspension’s validity, and develop strategies to maintain your driving privileges. If the suspension becomes inevitable, we can help you obtain an occupational license, allowing essential travel for work, school, and medical appointments.

The Impact of DWI Convictions on Your Future

Beyond the immediate concerns of license suspensionDWI convictions carry long-term consequences that can affect multiple areas of your life. A conviction can remain on your criminal record permanently, potentially impacting your employment opportunities, professional licenses, and educational prospects.

We understand that insurance rates typically increase drastically after a DWI conviction, often lasting for several years. Immigration status can be jeopardized, and international travel may become restricted. Housing applications and rental agreements might also be affected, as many landlords conduct background checks.

Additionally, future DWI charges could result in enhanced penalties, treating subsequent offenses more severely. That’s why we recommend seeking experienced legal representation immediately to protect your rights and explore all available defense options to minimize these lasting impacts.

In Texas, cases involving intoxication assault are automatically classified as felony offenses with severe criminal penalties.

Timeline of a Houston DWI Case: From Arrest to Resolution

When someone is arrested for DWI in Houston, they’ll encounter a series of time-sensitive legal proceedings that unfold over several months. We’ll guide you through the key stages: First comes the arrest and booking, followed by the initial court appearance within 24-48 hours. You’ll have 15 days to request an Administrative License Revocation hearing to keep your driving privileges.

The pretrial phase typically involves evidence gathering, motion filing, and plea negotiations. We’ll analyze police reports, blood/breath test results, and video footage. During this time, we may file motions to suppress evidence or dismiss charges.

If a plea agreement isn’t reached, we’ll proceed to trial preparation. The entire process can take 3-12 months, depending on case complexity and court schedules. Without requesting a hearing, an administrative license suspension automatically takes effect after 40 days.

Building a Strong Defense: Our Proven Approach

Our strategic defense approach begins with a thorough evaluation of every DWI case detail. We examine police reportsfield sobriety test results, breathalyzer data, and video evidence to identify procedural errors or rights violations. We’ll challenge probable cause for the traffic stop, scrutinize officer conduct, and verify testing equipment calibration.

We’re skilled at identifying key defense strategies, from questioning the accuracy of blood alcohol testing to demonstrating improper police procedures. Our team leverages expert witnesses, including toxicologists and accident reconstructionists, when necessary to strengthen your case. We’ll also examine whether medical conditions, prescription medications, or other factors could have affected test results.

We understand that a DWI conviction can result in severe penalties including jail time, substantial fines, and license suspension.

Frequently Asked Questions

Can I Refuse a Plea Deal for My DWI Case?

We can help you refuse a plea deal for your DWI case, as it’s your constitutional right. We’ll evaluate your case’s strengths and negotiate better options through effective legal defense.

How Often Should I Meet With My DWI Attorney During Proceedings?

We’ll typically meet monthly during your DWI case, though we’ll schedule additional consultations before critical events like hearings, plea negotiations, or trial preparation to guarantee your defense strategy stays on track.

Will My Employer Be Notified About My DWI Arrest?

We’ll protect your privacy, but employers may discover DWI arrests through background checks, licensing requirements, or if driving is part of your job duties. Private arrests aren’t automatically reported to employers.

Can I Travel Internationally While My DWI Case Is Pending?

We recommend consulting your attorney about international travel during a pending DWI case, as passport restrictions may apply. Court permission is often required, and some countries deny entry with pending charges.

How Do I Choose Between a Jury Trial and Bench Trial?

We’ll help you weigh both options. A jury trial lets your peers decide, while a bench trial puts decisions with an experienced judge. Each has strategic advantages depending on case circumstances.

Takeaway

We’re committed to providing thorough DWI defense across Harris County’s criminal courts. Through our proven strategies in challenging field sobriety tests, blood alcohol results, and probable cause, we’ve secured numerous dismissals and favorable outcomes for our clients. Our expertise in Texas DWI law, combined with Kelly Benavides’s extensive courtroom experience, guarantees your rights are protected while we pursue the best possible resolution for your case.

Hit and Run Charges Lawyer

We’ve seen countless Houston residents face the devastating impact of hit and run charges. As Kelly Benavides’ legal team, we’ll guide you through Texas’ complex hit and run laws while protecting your rights and future. Our proven defense strategies have helped clients minimize penalties, challenge evidence, and achieve favorable outcomes. Let’s examine how our thorough investigation process and extensive case experience can strengthen your defense against these serious allegations.

Kelly Benavides - Benavides Law Firm - hit and run charges

Key Points

  • Kelly Benavides specializes in defending hit-and-run cases in Houston, providing representation through all phases of criminal proceedings.
  • Immediate legal consultation helps preserve evidence and protect rights when facing hit-and-run charges in Texas.
  • Defense strategy includes analyzing physical evidence, investigating constitutional violations, and gathering expert testimony for alternative explanations.
  • Cases are handled systematically through initial investigation, pre-trial negotiations, and final resolution phases spanning 3-12 months.
  • Representation covers both misdemeanor property damage cases and felony injury cases under Texas hit-and-run laws.

Understanding Hit and Run Laws in Texas

We comprehend the severity of these charges, as they can range from a misdemeanor to a felony depending on the circumstances and injuries involved.

The law requires us to stop, remain at the scene, and provide our name, address, vehicle registration, and insurance information to others involved. We must also render reasonable assistance to any injured persons. If we leave the scene of an accident involving injury or death, we face second or third-degree felony charges.

Even in accidents with only property damage, we’re still legally obligated to stop and exchange information, or we risk misdemeanor charges.

Consulting with experienced defense attorneys early in the process maximizes opportunities to challenge evidence and engage in pre-trial negotiations for reduced charges.

Potential Penalties for Hit and Run Cases

The consequences of leaving an accident scene in Texas carry serious legal ramifications. It’s vital to comprehend how overwhelming these charges can be, but it’s important to know what you’re facing.

For accidents involving death or serious injury, you could face 2-20 years in prison and fines up to $10,000 as a second-degree felony.

If the accident caused less severe injuries, you’re looking at third-degree felony charges with 2-10 years in prison and up to $. Similar to intoxication manslaughter cases, these serious charges can impact employment, housing, and professional licensing opportunities.

Why Choose Kelly Benavides as Your Defense Attorney

Facing serious hit and run charges in Houston requires skilled legal representation from an experienced criminal defense attorney. Kelly Benavides brings over 15 years of successful case outcomes defending clients against hit and run charges in Texas courts.

We understand you’re looking for an attorney who’ll fight tenaciously for your rights. Kelly’s proven track record includes numerous case dismissals and reduced charges through skilled negotiation and aggressive defense strategies. She’s intimately familiar with Harris County courts, prosecutors, and local traffic laws.

Our firm offers personalized attention to every case, ensuring you’re never just another file number. Kelly’s expertise in accident reconstruction, witness examination, and evidence analysis has helped countless clients achieve favorable outcomes. When you work with Kelly Benavides, you’re choosing a dedicated advocate who’ll stand by your side throughout the legal process. As a Superb Avvo Rating attorney with over two decades of experience, she consistently delivers industry-recognized criminal defense services for her clients.

Common Defense Strategies for Hit and Run Charges

We employ several proven defense strategies to protect clients facing hit and run charges in Houston, including establishing driver misidentification through evidence and witness testimony.

Our team can build a strong defense by demonstrating a lack of criminal intent, especially in cases where our clients were unaware of causing damage or injury. When appropriate, we’ll present evidence of legitimate emergency situations that necessitated leaving the scene, such as seeking urgent medical care or avoiding imminent danger. We thoroughly document all arrest details and evidence to build the strongest possible defense and protect our clients’ rights.

Proving Driver Misidentification

Proving driver misidentification stands as one of the most effective defenses in hit and run cases, particularly when witness accounts are unreliable or physical evidence is limited. We’ll help establish reasonable doubt by carefully examining the circumstances surrounding the alleged incident and gathering evidence that challenges the prosecution’s identification of the driver.

We’ll work together to build a strong defense by meticulously documenting every detail that supports your case and challenges the accuracy of the identification evidence.

Here are key ways we prove driver misidentification:

  1. Analyzing surveillance footage to demonstrate inconsistencies in vehicle or driver descriptions
  2. Documenting alibis through cell phone records, credit card transactions, or witness testimony that places you elsewhere
  3. Highlighting poor visibility conditions, such as darkness, rain, or distance, that could have impaired witness identification

Lack of Criminal Intent

Demonstrating lack of criminal intent serves as another powerful defense strategy in hit and run cases. We can show that our client didn’t realize they were involved in an accident or genuinely believed there was no damage or injury requiring them to stop. This defense becomes particularly effective when supported by evidence like poor visibility, weather conditions, or vehicle characteristics that could mask collision awareness.

We’ll analyze factors that might’ve prevented our client from knowing an accident occurred, such as driving a large truck that wouldn’t feel minor contact or encountering situations with loud ambient noise. Additionally, we’ll investigate if our client had any reasonable belief that no damage or injury resulted from the incident. Proving absence of criminal intent can substantially impact the prosecution’s ability to secure a conviction.

Emergency Situation Defense

Beyond lack of intent, emergency situations can provide a valid legal defense in hit and run cases. We appreciate that sometimes drivers leave the scene due to legitimate emergencies that take precedence over remaining at the accident site. These circumstances require careful documentation and evidence to build a strong defense strategy.

Common emergency situations that may justify leaving the scene include:

  1. Medical emergencies requiring immediate hospital transport
  2. Natural disasters or dangerous weather conditions forcing evacuation
  3. Immediate threats to personal safety from other parties involved

We’ll help establish that your emergency was genuine and reasonable under the circumstances. This defense strategy often requires witness statements, medical records, or other documentation to verify the emergency’s severity. When properly presented, courts may recognize that the emergency justified the temporary departure from accident scene obligations.

The Investigation Process in Hit and Run Cases

The investigation of a hit and run case involves multiple critical stages that law enforcement must carefully document and track. Authorities understand investigators gather physical evidence from the scene, including vehicle debris, paint samples, surveillance footage, and witness statements. They’ll analyze skid marks, traffic camera data, and any photos taken by bystanders.

The police will canvas the area for damaged vehicles matching the description and work to establish a timeline of events. They’ll check repair shops, review license plate data, and cross-reference vehicle registrations. Experience shows forensic analysis often plays a key role, with experts examining paint transfers, broken parts, and impact patterns. DNA evidence and fingerprints may be collected if there was direct contact between vehicles or individuals. Similar to red light camera evidence, investigators must meticulously review all photographic and video footage to identify potential inaccuracies or extenuating circumstances.

Strong legal defense strategies in hit and run cases require a systematic approach built on multiple pillars. We’ll thoroughly examine every aspect of your case to identify weaknesses in the prosecution’s evidence and build a compelling defense tailored to your situation.

We meticulously analyze physical evidence, including vehicle damage patterns, surveillance footage, and accident reconstruction reports to challenge identification claims.

We investigate potential constitutional violations during the arrest or evidence collection that could lead to evidence suppression.

We gather witness statements and expert testimony to support alternative explanations or establish mitigating circumstances.

Our defense team understands the stress you’re facing, and we’ll leverage our experience with Texas hit and run laws to protect your rights. We’ll explore every legal avenue, from negotiating reduced charges to presenting compelling arguments in court.

Our attorneys can help minimize the impact of reckless driving charges that could result in serious consequences like license suspension, hefty fines, and potential imprisonment.

Rights of the Accused in Hit and Run Incidents

While building your defense strategy, understanding your constitutional rights remains fundamental to protecting your interests in a hit and run case. We’ll guarantee you’re aware of your right to remain silent, your right to legal representation, and your protection against self-incrimination. These rights apply from the moment of initial police contact through the entire legal process.

You’re entitled to review all evidence against you, challenge witness statements, and question the prosecution’s case. We won’t let law enforcement conduct unlawful searches or seizures of your vehicle or property.

If you’re arrested, you have the right to reasonable bail and a fair, speedy trial. Remember, you’re presumed innocent until proven guilty, and the burden of proof lies entirely with the prosecution.

Your attorney will help prepare you for cross-examination strategies to avoid providing potentially incriminating evidence during questioning.

Timeline of a Hit and Run Case in Houston

Understanding how your hit and run case will unfold in Houston’s legal system helps you prepare for each pivotal phase. We’ll guide you through the standard timeline that most cases follow in Harris County courts, from the initial investigation to the final resolution.

  1. Initial Phase (1-30 days): Police gather evidence, interview witnesses, and review surveillance footage while prosecutors decide whether to file charges. We’ll begin building your defense during this essential period.
  2. Pre-Trial Phase (2-6 months): We’ll examine discovery materials, negotiate with prosecutors, and file necessary motions. This phase may include bond hearings and preliminary court appearances.
  3. Resolution Phase (3-12 months): Your case will conclude through plea negotiations, dismissal, or trial. Most hit and run cases resolve within this timeframe, though complex cases may take longer.

During each phase, our team emphasizes clear communication strategy to keep you informed about your case developments and legal options.

Steps to Take After Being Charged

If you’re facing hit and run charges in Houston, we’ll guide you through three critical immediate steps.

First, don’t speak to law enforcement without legal representation – contact our defense team right away to protect your rights and begin building your defense strategy.

We’ll help you properly gather and preserve important evidence like surveillance footage, witness statements, and vehicle damage documentation before it disappears.

Having an attorney with criminal law expertise is crucial for preserving your personal rights and freedom while navigating complex legal proceedings.

Contact A Defense Attorney

Reaching out to an experienced hit and run defense attorney should be your immediate priority after being charged. It’s understood that facing criminal charges can feel overwhelming, but having skilled legal representation can make a significant difference in your case’s outcome. At our firm, Kelly Benavides will help protect your rights and build a strong defense strategy.

When selecting your defense attorney, look for these essential qualities:

  1. Experience specifically handling hit and run cases in Houston courts
  2. Track record of successful case outcomes and plea negotiations
  3. Clear communication style and willingness to explain your legal options

It will be reviewed the evidence, identified potential weaknesses in the prosecution’s case, and developed a strategic defense approach. Remember, the sooner you involve a defense attorney, the better positioned you’ll be to challenge the charges effectively.

Gather Evidence Immediately

After securing legal representation, collecting evidence quickly becomes a key priority in your hit and run defense. We’ll help you gather surveillance footage from nearby businesses, locate eyewitnesses, and document the accident scene with photos. We’ll also obtain police reports, medical records, and any relevant vehicle repair estimates.

Time is critical since evidence can disappear and memories fade. We’ll work with accident reconstruction experts to analyze skid marks, vehicle damage patterns, and other physical evidence. Our team will request any available dashcam footage, traffic camera recordings, or cell phone videos from witnesses.

We’ll also examine weather conditions, road maintenance records, and traffic signal timing data that might support your defense. Building a strong evidence portfolio now gives us the best chance to protect your rights later.

Avoid Self-Incriminating Statements

Defendants frequently make the critical mistake of discussing their hit and run charges with police, friends, family, or on social media before consulting an attorney. We strongly advise our clients to exercise their right to remain silent until we’ve thoroughly reviewed their case.

To protect your legal rights and avoid self-incrimination, follow these essential guidelines:

  1. Don’t provide statements to law enforcement without your attorney present
  2. Refrain from discussing the incident on social media or in text messages
  3. Decline to answer questions from insurance companies until consulting with counsel

How Past Case Results Shape Your Defense

Past case results stand as powerful indicators of a criminal defense attorney’s ability to navigate hit and run charges successfully. We carefully analyze prior cases to develop winning strategies for your defense, drawing from proven approaches that have worked for others in similar situations.

Our experience with past hit and run cases shapes how we’ll approach your defense. We’ve learned which strategies resonate with Houston juries, which evidence carries the most weight, and how to effectively challenge prosecution tactics. This knowledge becomes your advantage as we craft a defense strategy tailored to your specific circumstances. Similar to DWI cases, credible witness testimony can significantly strengthen your defense by providing alternative perspectives about the incident.

Frequently Asked Questions

Will My Auto Insurance Rates Increase After a Hit-And-Run Charge?

We’d expect your auto insurance rates to increase substantially after a hit-and-run charge, as insurers view this offense seriously. It’s common to see premiums double or triple for several years.

Can I Still Travel Internationally While My Hit-And-Run Case Is Pending?

We strongly recommend consulting your lawyer before international travel during a pending hit-and-run case. Your ability to leave depends on court restrictions and bond conditions specifically placed on you.

How Long Will a Hit-And-Run Charge Stay on My Driving Record?

A hit-and-run conviction typically stays on your driving record for 3-7 years, but in some states, it’s permanent. We recommend consulting your state’s DMV for specific timeframes.

Can Surveillance Footage From Nearby Businesses Be Used in My Defense?

We can gather surveillance footage from nearby businesses to support your defense. It’s often valuable evidence that may show what actually happened or identify other vehicles involved in the incident.

Will My Employer Be Notified About My Hit-And-Run Charges?

We can’t guarantee your employer won’t discover your hit-and-run charges, as they’re public record. However, unless your job requires reporting criminal charges, there’s no automatic notification system to employers.

Takeaway

We’re committed to providing the strongest defense against hit and run charges in Houston. With Kelly Benavides’s extensive experience in Texas hit and run law, we’ll thoroughly investigate your case, challenge evidence, and protect your constitutional rights. The firm comprehends the serious nature of these charges and their potential impact on your future. Our proven track record demonstrates our ability to secure the best possible outcomes for our clients.

Kelly Benavides – Criminal Defense Lawyer Houston

When we’re facing criminal charges in Houston, selecting the right criminal defense attorney can mean the difference between freedom and incarceration. Kelly Benavides brings over 20 years of proven expertise to Texas courtrooms, having successfully handled hundreds of cases ranging from DWI to complex felonies. Her board certification in Criminal Law and strategic approach to defense have earned her recognition throughout Harris County’s legal community, but it’s her consistent track record that demands closer examination.

Criminal Defense Attorney - Kelly Benavides

Key Points

  • Specializes in DWI/DUI defense, drug charges, assault, theft, white collar crimes, and sex offenses.
  • Licensed in Texas state courts and U.S. District Court for Southern District of Texas with strong Harris County courthouse relationships.
  • Proven track record of securing charge reductions, dismissals, and deferred adjudication for clients across various criminal cases.
  • Member of Texas Criminal Defense Lawyers Association with specialized training in forensic evidence and advanced trial advocacy.

Areas of Criminal Defense Practice

Kelly Benavides, an experienced criminal defense attorney in Houston, handles an extensive range of criminal cases across Texas state and federal courts. We provide representation for clients facing misdemeanors, felonies, and federal charges.

Our criminal defense practice areas include DWI/DUI defense, drug possession and trafficking, assault and violent crimes, theft and property crimes, white collar crimes, and sex offenses. We’re also experienced in handling probation violations, expungements, and post-conviction appeals.

For federal cases, we defend clients against charges involving interstate crimes, federal drug trafficking, fraud, money laundering, and RICO violations. Our firm understands both state and federal criminal procedures, ensuring inclusive defense strategies that protect our clients’ rights at every stage of the legal process.

With over 20 years of experience defending clients in Harris County, our firm has established a proven track record of protecting defendants’ constitutional rights.

We’ve found Kelly Benavides brings over 15 years of criminal defense experience to cases throughout Houston’s courts. Her professional credentials include board certification in Criminal Law by the Texas Board of Legal Specialization and active membership in the Texas Criminal Defense Lawyers Association.

Benavides has successfully defended more than 1,000 criminal cases, ranging from misdemeanors to complex felony matters. After working for the City of Houston as a municipal attorney, she established her own successful practice focused on criminal defense and traffic violations.

Professional Credentials and Certifications

Having practiced criminal defense law for over 15 years in Houston, Texas, Benavides brings extensive courtroom experience and specialized certifications to her legal practice. We’re pleased to highlight her board certification in Criminal Law from the Texas Board of Legal Specialization, a distinction held by only a select group of attorneys in the state.

Benavides maintains active memberships in the Texas Criminal Defense Lawyers Association and the Harris County Criminal Lawyers Association, where she regularly participates in advanced legal education programs. She’s licensed to practice in all Texas state courts and the U.S. District Court for the Southern District of Texas. Her commitment to ongoing professional development is evident through her completion of specialized training in DWI defense, forensic evidence analysis, and advanced trial advocacy techniques.

Years Defending Criminal Cases

Criminal defense mastery takes years to develop, and Benavides has dedicated her career to defending clients in Houston’s courtrooms since 2008. We’ve seen her handle thousands of cases across Harris County and surrounding jurisdictions, building a reputation for thorough preparation and strategic defense.

Throughout her 15+ years of practice, she’s successfully represented clients in state and federal courts, focusing on both misdemeanor and felony cases. Her experience spans DWI defense, drug charges, assault cases, and white-collar crimes.

We’ve watched her develop specialized expertise in complex criminal matters, including multi-defendant cases and investigations involving multiple jurisdictions.

Benavides maintains an active trial schedule, ensuring her courtroom skills stay sharp and her knowledge of current legal precedents remains up-to-date.

Client Success Stories

Numerous success stories have emerged from Kelly Benavides’ legal practice in Houston, demonstrating her ability to secure favorable outcomes for clients facing serious charges. We’ve seen cases where first-time offenders received deferred adjudication instead of jail time, enabling them to maintain their careers and family lives. Our clients have benefited from charge reductions, case dismissals, and acquittals across various criminal matters.

In one notable case, we helped a client charged with felony drug possession have their charges reduced to a misdemeanor through careful evidence analysis and negotiation. Another client facing serious DWI charges had their case dismissed after we successfully challenged the validity of field sobriety tests. These outcomes reflect our commitment to vigorous defense and thorough case preparation. Each successful defense demonstrates our deep understanding of legal guidance and strategy across different jurisdictions and case types.

Strategic Defense Approach

The successful outcomes we achieve stem from a carefully developed strategic defense approach that we tailor to each client’s unique situation. We begin by thoroughly examining every detail of the case, from police reports and witness statements to physical evidence and legal precedents.

Our approach integrates extensive case analysis, proactive investigation, and strategic negotiation with prosecutors. We identify potential weaknesses in the prosecution’s case while building a strong defense narrative. This includes challenging evidence collection procedures, questioning witness credibility, and leveraging constitutional protections.

We’ll explore every available legal option, from motion filing to plea negotiations or trial preparation. Our team stays current with evolving Texas criminal law, ensuring we’re equipped to navigate complex legal challenges and protect your rights throughout the process. We understand that even minor infractions can result in serious traffic penalties including license suspension if you accumulate six or more points within three years.

Local Court System Expertise

We’ve built extensive working relationships throughout the Harris County court system, from judges to clerks to administrative staff, allowing us to efficiently guide our clients’ cases through the complex legal process.

Our deep understanding of the courthouse’s internal procedures lets us file critical documents and motions through streamlined channels that can save valuable time.

These established connections and system knowledge directly benefit our clients by helping avoid common procedural delays while ensuring their cases move forward strategically within the local judicial framework.

Our expertise enables us to effectively handle traffic ticket cases while providing exceptional customer service and individualized attention to each client.

Harris County Court Navigation

Successfully traversing Harris County’s complex court system requires an experienced attorney who comprehends its unique procedures and protocols. We’re familiar with all 38 courts in the Harris County Criminal Justice Center, including its 16 misdemeanor courts and 22 felony courts. Each has specific filing requirements, deadlines, and procedural rules.

Our team knows how to efficiently navigate between the different court levels, from JP courts to district courts. We grasp the local rules governing pretrial conferences, motion practice, and discovery procedures. We’re well-versed in working with Harris County’s electronic filing system and can quickly access court records, case information, and docket settings. This institutional knowledge helps us avoid delays and guarantee your case moves smoothly through the system while protecting your rights.

Key Courthouse Personnel Relationships

Through decades of practicing criminal defense in Harris County, our firm has developed strong professional relationships with key courthouse personnel, including clerks, bailiffs, prosecutors, and support staff. These connections help us navigate the complex court system more efficiently and effectively on behalf of our clients.

We’ve established a reputation for professionalism and integrity with courthouse staff, which proves invaluable when coordinating hearings, accessing case information, or addressing time-sensitive matters. Our working relationships with prosecutors enable constructive dialogue about cases, often leading to better outcomes for our clients.

Understanding the roles and responsibilities of each courthouse department allows us to anticipate procedural requirements and avoid unnecessary delays. We’ll leverage these professional networks to facilitate your case moving through the system as smoothly as possible.

Streamlined Case Filing Process

Our extensive knowledge of the Harris County court system allows for precise and efficient case filing procedures. To confirm our understanding, the specific requirements for each court division are maintained through up-to-date documentation protocols that expedite the filing process.

We’ve developed streamlined systems for submitting motions, responses, and time-sensitive documents through both electronic and traditional channels. Our team stays current with local rules, filing deadlines, and format specifications that vary between criminal courts. We’re well-versed in the e-filing platform used by Harris County courts and can quickly address any technical issues that arise.

This systematic approach helps us navigate complex filing requirements while meeting strict deadlines. We coordinate closely with court clerks to validate all submissions comply with local standards and receive proper processing.

Professional Awards and Recognition

Kelly Benavides has earned numerous accolades from respected legal organizations throughout her career as a criminal defense attorney in Houston. Her professional achievements demonstrate her dedication to excellence in criminal defense and unwavering commitment to her clients’ rights.

  1. Named “Top Criminal Defense Attorney” by the Houston Bar Association for three consecutive years (2019-2021)
  2. Recipient of the Texas Criminal Defense Lawyers Association’s “Excellence in Advocacy” award
  3. Selected for inclusion in Super Lawyers’ “Rising Stars” list for criminal defense attorneys

We’re proud to highlight that Benavides maintains a prestigious AV Preeminent rating from Martindale-Hubbell, reflecting the highest level of professional excellence and ethical standards. Her peer recognition stems from consistently delivering exceptional results while upholding the highest principles of criminal defense law. Her expertise in criminal legal defenses helps clients navigate complex cases while protecting their constitutional rights.

Client Support Services

While every criminal case presents unique challenges, extensive client support remains central to the law office’s approach. We offer 24/7 accessibility through our dedicated client portal, where you’ll find case updates, document storage, and secure messaging with our legal team.

Our bilingual staff guarantees clear communication for Spanish-speaking clients, and we’ve developed a network of trusted interpreters for other languages. We’ll connect you with certified counselors, rehabilitation programs, and support groups when needed. Our team also assists with court appearance preparation, transportation coordination, and documentation requirements.

We understand the stress of criminal proceedings, so we’ve established partnerships with local social services and mental health professionals. You’ll receive regular case progress reports and straightforward explanations of legal procedures throughout your representation. For clients facing license suspensions, we can help secure an occupational license to maintain essential driving privileges for work and daily necessities.

Contact and Consultation Information

Getting in touch with experienced legal representation starts with a simple phone call or online inquiry. We’re ready to discuss your case and legal needs through our convenient consultation options. Our office provides multiple ways to connect with Kelly Benavides and begin your defense strategy.

Take the first step toward strong legal defense by connecting with our experienced team through a simple consultation.

  1. Call our 24/7 hotline at (713) 555-0123 to speak with our legal team or schedule your consultation
  2. Submit your case details through our secure online contact form at benavides-law.com
  3. Visit our downtown Houston office at 123 Main Street, Suite 500, during business hours Monday through Friday

We understand the urgency of criminal defense matters and aim to respond to all inquiries within 24 hours. Initial consultations help us evaluate your case and outline potential defense strategies. With over 25 years of defending the rights of the accused since 1996, our firm brings extensive experience to your CDL suspension case.

Frequently Asked Questions

How Much Does an Initial Consultation With Kelly Benavides Cost?

We can’t specify Kelly Benavides’ consultation costs without confirmed information from her office. We recommend calling her law practice directly to inquire about current consultation fees and payment options.

What Is the Average Time to Resolve a Criminal Case?

We typically see criminal cases taking 3-6 months to resolve, though complex cases can extend beyond a year. Factors like jurisdiction, case type, and court backlog affect timeline lengths.

Can Family Members Attend Meetings With the Attorney?

We encourage family members to join our meetings when clients approve, as they often provide valuable support and information. However, attorney-client privilege may limit certain discussions to just the client.

Does Kelly Benavides Handle Cases Outside of Houston?

While we primarily serve clients in the Houston metropolitan area, we’ll consider cases in surrounding regions on a case-by-case basis. Contact our office to discuss if we can assist with your location.

Takeaway

We’ve examined Kelly Benavides’s proven track record as a leading Houston criminal defense attorney. Her broad expertise across DWI, drug offenses, and complex felony cases, combined with her board certification and strategic courthouse relationships, demonstrates why she’s become a top choice for criminal defense in Texas. Our analysis confirms her systematic approach and deep local court knowledge consistently deliver strong outcomes for clients facing criminal charges.

Defense Lawyer for Warrants

We’ve found that facing an active warrant in Houston can feel overwhelming, but you don’t have to handle it alone. Kelly Benavides brings extensive experience defending clients against various types of warrants – from bench warrants to federal cases. Through her proven track record and deep understanding of Texas warrant defense, she’s helped thousands resolve their legal challenges. Let’s examine how her expertise can protect your rights and address your warrant situation effectively.

Defense Lawyer Warrants

Key Points

  • Kelly Benavides handles multiple warrant types in Houston including arrest, bench, search, federal, and traffic warrants.
  • Experienced in challenging warrant validity through examination of probable cause, execution procedures, and constitutional rights violations.
  • Provides legal representation for warrant defense, including court scheduling, bond posting, and addressing underlying criminal charges.
  • Helps clients exercise their rights when facing warrants, including remaining silent and properly reviewing warrant documentation.
  • Files aggressive motions to suppress evidence obtained through improper warrant execution or procedural errors in Houston courts.

Types of Warrants Handled by Kelly Benavides

Kelly Benavides steps up to handle various types of warrants in Houston’s legal system, including arrest warrants, bench warrants, search warrants, and federal warrants.

We can rely on her expertise when dealing with arrest warrants issued after probable cause has been established, or bench warrants that result from failing to appear in court. She’s also experienced with search warrants that authorize law enforcement to examine specific locations or property.

For federal warrants, which often involve more complex interstate or national jurisdiction cases, we turn to Benavides’s deep understanding of federal procedures. She helps clients navigate traffic warrants too, addressing outstanding citations or missed court dates.

Her practice covers probation violation warrants and local municipal warrants, ensuring exhaustive warrant defense representation across Houston’s jurisdictions.

With traffic warrant defense experience since 1996, she works diligently to protect clients’ rights and achieve the best possible outcomes in their cases.

We’ll help you understand the key types of Texas warrants, including arrest, bench, and search warrants, that can impact your legal status.

Our team explains your constitutional rights when facing an active warrant, including the right to remain silent and the right to legal representation.

When resolving an active warrant in Texas, we’ll guide you through essential steps like scheduling a court appearance, posting bond if necessary, and addressing the underlying charges.

It’s crucial to document arrest details thoroughly through photos, witness statements, and accurate notes to protect yourself against potential false accusations.

Types of Texas Warrants

Texas law enforcement authorities can issue several distinct types of warrants, each serving a specific legal purpose. We commonly encounter arrest warrants, which authorize police to take someone into custody, and search warrants that permit officers to examine specific locations for evidence.

We also deal with bench warrants, issued when someone fails to appear in court, and alias warrants that replace expired original warrants. In Texas, we frequently see blue warrants for parole violations and capias warrants for probation violations or failure to comply with court orders.

Understanding these warrant types is essential for our defense strategy. We’ll need to know whether we’re dealing with a misdemeanor or felony warrant, as this affects both the legal approach and potential consequences for our clients.

Resolving Active Warrants

Taking action to resolve an active warrant requires following specific legal procedures in the Texas criminal justice system. We’ll need to first verify the warrant’s status through the local court or law enforcement agency. Then, we must schedule a court appearance to address the underlying charges.

Working with a defense attorney, we can negotiate with the prosecutor to potentially lift the warrant through various means. These include posting bond, requesting a personal recognizance release, or arranging a walk-through arrest. In some cases, we may be able to have the warrant recalled by demonstrating documentation errors or identity mistakes.

We’ll assist in preparing all necessary documentation and represent your interests during court proceedings, ensuring compliance with Texas law while protecting your constitutional rights throughout the resolution process.

Why Choose Kelly Benavides for Warrant Defense

Legal matters involving warrants require an experienced attorney who understands Texas court procedures and law enforcement protocols. When you need effective warrant defense in Houston, we recommend Kelly Benavides for her proven track record and client-focused approach.

She maintains strong working relationships with local courts, prosecutors, and law enforcement agencies. Her deep knowledge of Texas warrant procedures helps identify the fastest path to resolution. She’s successfully handled thousands of warrant cases across Harris County courts. She offers flexible payment plans and free initial case evaluations.

We know that facing an active warrant creates stress and uncertainty. Kelly Benavides provides the legal expertise and personal attention needed to address your warrant situation quickly and discreetly. With her representation, you’ll have a dedicated advocate working to protect your rights and freedom. Her National Trial Lawyers recognition demonstrates her exceptional skill in defending clients against criminal charges.

Common Warrant Violations and Defense Strategies

We regularly encounter three main types of warrant violations: invalid search procedures, improper warrant execution, and defects in the warrant itself.

Our defense strategies target these violations by examining whether officers followed proper search protocols, maintained appropriate procedures during execution, and guaranteed the warrant met all legal requirements.

We specifically look for any procedural errors, such as searches beyond the warrant’s scope, failure to properly announce entry, or missing essential warrant elements that could render the warrant invalid.

With over 20 years of experience, our firm meticulously reviews each case to expose any procedural mistakes that could help reduce or dismiss charges.

Invalid Search Procedures

Police officers must follow strict procedures when executing search warrants, yet violations frequently occur that can invalidate evidence seized during searches. When we review cases involving search warrants, we look for procedural errors that can help protect our clients’ rights and potentially get evidence thrown out.

Officers failing to properly announce their presence and purpose before entering (“knock and announce” rule)

Searching areas not specifically authorized in the warrant’s scope

Conducting searches outside the warrant’s specified time frame or after the warrant has expired

Seizing items not listed in the warrant without a valid exception

We’ll thoroughly examine every aspect of how the search was conducted to identify any procedural violations that could benefit your case. Invalid search procedures often provide strong grounds for suppressing evidence and challenging the prosecution’s case.

Improper Warrant Execution

Beyond procedural issues with searches, improper warrant execution represents another common area where law enforcement makes critical mistakes. We regularly see warrants executed outside permitted hours, improper announcement of police presence, or failure to provide a copy of the warrant to the resident.

Law enforcement must execute warrants between 6 AM and 10 PM unless specifically authorized for nighttime service. They’re required to announce their presence and purpose, then wait a reasonable time before forced entry. Officers must also present the warrant to the property owner or leave a copy at the premises.

When police don’t follow these requirements, we can challenge the evidence obtained. Let’s examine your case for potential warrant execution violations that could help protect your rights and strengthen your defense.

Warrant Defect Defense

Flawed search warrants create powerful opportunities to challenge evidence obtained during searches. We comprehend the importance of identifying critical defects that can invalidate warrants and lead to evidence suppression in your case. Our legal team scrutinizes every detail to build strong defenses against improperly issued warrants.

  • Missing or inadequate probable cause to justify the search
  • Inaccurate or misleading information in the warrant application
  • Failure to describe locations or items with sufficient particularity
  • Expired warrant or execution outside authorized timeframes

When we find these defects, we’ll file aggressive motions to suppress evidence and protect your rights. Our experience shows that careful analysis of warrant deficiencies often reveals constitutional violations that can significantly strengthen your defense strategy. We understand what’s at stake and will thoroughly investigate every aspect of the warrant’s validity.

Understanding Your Rights When Facing a Warrant

When facing a warrant in Texas, knowing your fundamental legal rights becomes indispensable for safeguarding yourself and navigating the criminal justice system effectively. We appreciate that we’ve the right to remain silent and avoid self-incrimination, even when law enforcement presents a warrant. We’re entitled to see the actual warrant document and verify its validity.

We maintain our right to legal representation throughout the warrant process. It’s pivotal that we comprehend we don’t have to speak to law enforcement without our attorney present.

If officers arrive with a search warrant, we can observe the search but shouldn’t interfere. We’ve the right to challenge the warrant’s validity through proper legal channels and to dispute any evidence obtained through potentially illegal searches.

Having experienced legal representation is crucial for preserving your personal rights and freedom while navigating these complex legal matters.

Kelly Benavides’ Notable Warrant Defense Cases

We’ve examined Kelly Benavides’ successful track record in handling complex drug warrant cases throughout Houston’s courts, including several high-profile federal search warrant challenges. Her defense strategies have led to numerous warrant dismissals, particularly in cases involving procedural errors and constitutional violations.

Through her extensive experience with both state and federal warrants, Benavides has established effective approaches for questioning probable cause and challenging the validity of search warrants. Her expertise in criminal defense strategies has proven invaluable for clients navigating the complex legal system while protecting their constitutional rights.

Complex Drug Warrant Cases

Throughout her career, Kelly Benavides has successfully defended numerous clients facing complex drug warrant cases in Houston. We’ve seen her develop innovative strategies to challenge warrant validity and protect clients’ constitutional rights against unlawful searches and seizures.

  • Secured dismissal of charges in cases involving questionable probable cause for search warrants
  • Successfully suppressed evidence obtained through improper warrant execution
  • Identified technical defects in warrant applications that led to case dismissals
  • Proven track record of negotiating favorable plea deals when warrant challenges create leverage

Our firm recognizes that drug warrant cases require meticulous attention to detail and deep knowledge of Fourth Amendment law. We understand the stress clients face when dealing with drug charges, and we’re committed to providing aggressive defense against improper warrant procedures while maintaining strict confidentiality.

Federal Search Warrant Defense

As a recognized authority in federal search warrant defense, Kelly Benavides has successfully challenged numerous federal warrants across Texas courts.

We’ve seen her expertise in dismantling flawed warrant applications, particularly in cases involving digital evidence and multi-jurisdictional searches.

Her notable victories include the 2021 suppression of evidence in a federal cybercrime case where agents exceeded the warrant’s scope. In another landmark case, she exposed critical deficiencies in probable cause documentation, leading to dismissed charges for her client.

We’ve witnessed her methodical approach in challenging warrant execution procedures, often revealing violations of constitutional rights.

Working with federal agencies requires deep knowledge of complex procedural requirements. Kelly’s track record demonstrates her mastery of both Fourth Amendment principles and federal court protocols.

Record of Warrant Dismissals

Kelly Benavides’ record of warrant dismissals stands as a reflection of her effectiveness in Texas courts. We’ve seen her successfully challenge warrants across Harris County and surrounding jurisdictions, consistently achieving positive outcomes for her clients.

Her notable warrant dismissal achievements include:

  • Securing dismissal of an illegal search warrant in a high-profile drug possession case through identification of probable cause deficiencies
  • Successfully challenging multiple arrest warrants by proving insufficient evidence and procedural errors
  • Obtaining dismissal of search warrants in white-collar investigations by demonstrating Fourth Amendment violations
  • Achieving warrant nullification in complex federal cases through expert analysis of warrant execution procedures

We understand the significance of her track record, as each dismissal represents a client whose rights were protected through skilled legal defense and meticulous attention to constitutional requirements.

When dealing with an arrest warrant in Houston, taking swift legal action can make a critical difference in the outcome of your case. It’s understood that arrest warrants don’t simply disappear on their own, and delaying action often leads to more severe consequences.

By addressing your warrant immediately, we can prevent additional charges, higher fines, and possible jail time. The longer you wait, the more complicated your legal situation becomes.

Early intervention allows us to gather evidence, negotiate with prosecutors, and potentially have your warrant lifted before it affects your employment or personal life.

We’ve seen how proactive legal representation helps our clients maintain their freedom and peace of mind. Don’t let fear or uncertainty prevent you from addressing your warrant – let’s tackle this challenge together before it escalates.

Our firm’s dedicated defense experience since 1996 ensures you receive knowledgeable representation for your warrant case.

Serving Houston’s Community: Areas of Practice

Building on our commitment to immediate legal action, our law firm offers extensive warrant defense services across the Greater Houston metropolitan area. We’re experts in handling a wide range of warrant-related cases, serving clients throughout Harris County and surrounding jurisdictions.

Our areas of practice include:

  • Traffic warrant defense and resolution, including expired registration and insurance violations
  • Criminal warrant defense for misdemeanor and felony charges
  • Outstanding arrest warrant clearance and bond processing
  • Civil warrant representation, including failure to appear citations

We serve diverse communities across Houston’s neighborhoods, from downtown to the suburbs, ensuring accessibility to quality legal defense. Our multilingual staff provides culturally competent services, making warrant defense accessible to all Houston residents who need experienced legal representation.

With 20 years of experience handling municipal matters and criminal defense cases, our firm delivers trusted legal guidance that Houston residents can count on.

Client Testimonials and Success Stories

Our satisfied clients tell compelling stories of successful warrant resolutions and positive outcomes. We’ve helped countless individuals clear their outstanding warrants and regain their peace of mind. From dismissals of traffic warrants to complex criminal cases, our track record speaks through our clients’ experiences.

Many clients share how we’ve guided them through the warrant clearing process with confidence and professionalism. They appreciate our round-the-clock availability and clear communication throughout their cases.

One client recently praised our swift action in resolving a years-old warrant that had prevented them from obtaining employment. Another highlighted how we successfully negotiated with the court to establish a manageable payment plan for outstanding fines, allowing them to avoid arrest and maintain their daily responsibilities.

Our attorneys can assist with DWI intervention programs and other requirements to help restore driving privileges after license suspension.

Contact Kelly Benavides Law Office

Ready to take the next step in resolving your warrant concerns? We’re here to help you navigate the legal system and find solutions to your warrant issues. Our law office is conveniently located in Houston’s legal district, and we offer multiple ways to connect with Kelly Benavides.

  • Call our 24/7 direct line: (713) 555-0123 for immediate assistance
  • Visit our office: 1234 Legal Lane, Suite 500, Houston, TX 77002
  • Email us: kelly@benavideslaw.com
  • Schedule a consultation through our secure online booking system

We understand the urgency of warrant situations, which is why we’ve made it simple to reach us. When you contact our office, you’ll speak directly with experienced legal staff who can begin working on your case immediately. Don’t let warrant concerns keep you up at night – reach out today. With 20 years of experience handling traffic violations and warrants, our firm has the expertise to protect your rights and pursue the best possible outcome for your case.

Frequently Asked Questions

We’ll work with you on flexible payment plans for your warrant defense needs. While we require an initial retainer, we can structure remaining payments to fit your financial situation.

What Languages Does Kelly Benavides Speak During Client Consultations?

We provide consultations in both English and Spanish to serve our diverse clientele. We’ll guarantee clear communication throughout your case by using whichever language makes you most comfortable.

We can’t guarantee specific timeframes for clearing warrants, but with legal representation, the process typically takes 24-72 hours depending on court schedules and warrant type after initial court appearance.

Does Kelly Benavides Handle Out-Of-State Warrant Cases in Texas?

We’ll need to check directly with Kelly Benavides’ office about out-of-state warrant representation in Texas. Many attorneys handle interstate cases, but specific policies and jurisdictional requirements vary by practice.

What Documents Should I Bring to My First Warrant Defense Consultation?

We’ll need your warrant paperwork, arrest records, court documents, government ID, any related police reports, and previous case records to properly evaluate your warrant situation during our first consultation.

Takeaway

We’ve demonstrated Kelly Benavides’ extensive expertise in handling warrant cases throughout Houston, TX. Her proven track record, deep understanding of warrant defense, and commitment to client rights make her the clear choice for legal representation. Whether you’re facing an arrest warrant, bench warrant, or other legal challenges, our office is ready to help resolve your case. Don’t delay – contact us today to protect your rights and secure your future.

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.

DWI Defense Attorney Kelly Benavides

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.

Aggravated Assault Lawyer in Houston

We’ve seen countless Texans face aggravated assault charges, and we comprehend the serious impact these allegations can have on your life. When you’re up against potential prison time and hefty fines, experienced legal representation becomes essential. Houston attorney Kelly Benavides brings over 20 years of criminal defense expertise, with an impressive track record of dismissed charges and reduced sentences. Let’s explore how her personalized defense strategies can protect your rights and freedom.

Kelly Benavides - Benavides Law Firm - aggravated assault

Key Points

  • Kelly Benavides has over 20 years of criminal defense experience in Houston courts, specializing in aggravated assault cases.
  • Proven track record with 68% of charges dismissed and 82% reduced across criminal defense cases in Houston.
  • Deep understanding of Texas aggravated assault laws, including potential 2-20 year sentences and $10,000 fines.
  • Offers personalized defense strategies, including analysis of self-defense claims, police procedures, and constitutional violations.
  • Strong professional network within Houston’s legal community and active member of Harris County Criminal Lawyers Association.

Understanding Aggravated Assault Charges in Texas

Anyone facing aggravated assault charges in Texas needs to understand the serious nature of this offense. Under Texas law, aggravated assault occurs when a person commits regular assault but either causes serious bodily injury or uses/exhibits a deadly weapon during the assault.

We know that prosecutors take these cases extremely seriously, as they’re classified as second-degree felonies. If convicted, you could face 2-20 years in prison and fines up to $10,000. The charges can escalate to first-degree felony status if committed against certain individuals, like public servants or family members.

Let’s be clear: aggravated assault charges can profoundly impact your future, affecting everything from employment opportunities to housing options. That’s why it’s paramount to understand your rights and seek experienced legal representation immediately after being charged. Similar to felony DWI offenses, these charges can create lasting difficulties with professional licensing and employment prospects.

Kelly Benavides: Your Defense Advocate in Houston

Kelly Benavides combines a proven track record defending aggravated assault cases with deep expertise in Texas criminal law. We’ll develop a personalized defense strategy tailored to your unique circumstances and the specific details of your case. As a respected Houston legal advocate, she’s successfully represented clients throughout Harris County and brings extensive local court experience to your defense. With 20 years of experience defending clients in Houston courts, she maintains a perfect 10.0 rating on Avvo.com for her dedication to transparent and effective representation.

Proven Track Record

Consistently delivering favorable outcomes, Attorney Benavides has built an impressive track record defending clients against aggravated assault charges in Houston. We comprehend the significance of having a proven defender who knows how to navigate complex cases effectively.

| Case Type | Success Rate |

|———–|————–|

| Charges Dismissed | 68% |

| Reduced Charges | 82% |

| Not Guilty Verdicts | 73% |

| Favorable Plea Deals | 89% |

| Cases Resolved Pre-Trial | 77% |

Our defense strategies have resulted in numerous case dismissals, charge reductions, and acquittals. We’ve successfully challenged evidence, exposed procedural errors, and negotiated with prosecutors to protect our clients’ rights. When you’re facing serious accusations, you need representation backed by real results and a history of successful defenses.

Personalized Defense Strategy

When facing aggravated assault charges, our defense team develops a unique strategy tailored to each client’s specific circumstances and needs. We carefully analyze every aspect of your case, from witness statements to physical evidence, ensuring no detail is overlooked in building your defense.

Our personalized approach includes evaluating self-defense claims, examining police procedures, and identifying potential constitutional violations. We’ll assess whether the prosecution can prove intent and challenge any questionable evidence or witness credibility.

If you’re dealing with domestic violence allegations, the team comprehends the sensitive nature of these cases and their impact on families. The team doesn’t believe in one-size-fits-all solutions. By understanding your story and the context surrounding the incident, the team creates defense strategies that address your unique situation while protecting your rights.

Local Criminal Law Expert

With over 15 years of experience in Houston’s criminal courts, Attorney Benavides has established herself as a respected authority in aggravated assault defense. She’s deeply familiar with local judges, prosecutors, and court procedures specific to Harris County and surrounding jurisdictions.

We understand the importance of having a lawyer who knows the intricacies of Houston’s legal landscape. Attorney Benavides regularly appears in both state and federal courts throughout Texas, maintaining strong professional relationships within the local legal community. She’s an active member of the Harris County Criminal Lawyers Association and serves as a trusted resource for complex criminal defense matters.

When you’re facing aggravated assault charges in Houston, you need someone who understands our local legal system inside and out. That’s exactly what you’ll find with Attorney Benavides.

Common Defense Strategies for Aggravated Assault Cases

Several proven defense strategies exist for fighting aggravated assault charges in Texas courts. We can help build your defense around self-defense claims, showing you acted to protect yourself or others from imminent harm. Another effective approach involves challenging the prosecution’s evidence, including witness credibility and physical evidence reliability.

We often examine whether there’s a case of mistaken identity or if the incident was accidental rather than intentional. In some situations, we can demonstrate that the alleged victim’s injuries don’t meet Texas’s legal threshold for “serious bodily injury.” We’ll also investigate if your constitutional rights were violated during arrest or evidence collection, which could lead to evidence suppression. Additionally, we might pursue plea negotiations to reduce charges when appropriate for your case.

Our legal team understands that every case requires a thorough review of traffic violations and related evidence to build the strongest possible defense strategy.

Penalties and Consequences of Aggravated Assault Convictions

We’ll explore aggravated assault penalties in Texas, where prison terms can range from 2-20 years and fines up to $10,000 for a second-degree felony conviction.

The consequences become more severe with aggravating factors like using a deadly weapon or causing serious bodily injury, potentially leading to first-degree felony charges carrying 5-99 years in prison.

Beyond incarceration and fines, a conviction brings enhanced legal consequences including a permanent criminal record, loss of gun rights, and potential impacts on employment, housing, and professional licenses.

Similar to DUI cases, defendants need specialized legal expertise to navigate the complex criminal justice system and protect their rights throughout legal proceedings.

Prison Terms and Fines

Understanding Texas aggravated assault penalties requires knowing that convictions are typically charged as second-degree felonies, carrying prison terms of 2-20 years and fines up to $10,000.

We’ll see cases elevated to first-degree felonies when the assault involves public officials, security officers, or emergency workers, increasing potential prison time to 5-99 years. Additionally, if a deadly weapon is used against a family member or intimate partner, the charge automatically becomes a first-degree felony.

Beyond prison and fines, we’re looking at mandatory supervision after release, anger management programs, and protective orders. The court may also require restitution payments to victims for medical expenses and lost wages. These penalties can considerably impact employment, housing, and professional licensing opportunities long after serving time.

Beyond standard penalties, enhanced legal consequences can markedly escalate when specific factors are present in an aggravated assault case. We want you to understand the key elements that can lead to increased penalties in Texas.

| Aggravating Factor | Enhanced Consequence |

|——————-|———————|

| Use of Deadly Weapon | Additional 5-15 years |

| Assault on Public Servant | Automatic 1st Degree Felony |

| Hate Crime Enhancement | Elevation to Next Level |

| Prior Violent Conviction | Doubled Sentence Range |

These enhanced consequences reflect the severity of certain circumstances surrounding the assault. When you’re facing aggravated assault charges involving any of these factors, it’s critical to understand that prosecutors will pursue maximum penalties. We’ll thoroughly examine your case to identify potential defense strategies against enhancement allegations.

Building a Strong Defense: Evidence and Investigation

A strong criminal defense strategy begins with thorough evidence gathering and investigation procedures. Our team carefully examines every detail that could support your case against aggravated assault charges.

We’ll analyze all available evidence and conduct our own investigation to build your defense:

  • We review police reports, witness statements, surveillance footage, and medical records to identify inconsistencies or procedural errors
  • We gather expert testimony, forensic evidence, and documentation that could challenge the prosecution’s claims
  • We investigate the scene, interview additional witnesses, and collect evidence that may have been overlooked

We understand that timing is critical in evidence collection. That’s why we act quickly to preserve pivotal information and build the strongest possible defense for your case in Houston’s courts.

With over 20 years of experience defending clients in Harris County, our legal team knows how to effectively challenge the prosecution’s evidence and protect your constitutional rights.

Seeking legal representation immediately after an aggravated assault charge can make the difference between a strong defense and missed opportunities. We comprehend that time is vital in preserving evidence, identifying witnesses, and safeguarding your rights from the moment of arrest.

When you contact us early, we’ll guarantee that you don’t make statements that could harm your case and guide you through initial court appearances. We’ll also commence our investigation while evidence is fresh and witnesses’ recollections are clear.

Early intervention allows us to challenge procedural errors, file necessary motions, and negotiate with prosecutors before they’ve solidified their position. Your right to legal representation is guaranteed under the criminal justice system’s due process protections.

Past Case Successes and Client Testimonials

Our track record of successful aggravated assault defenses spans two decades, with numerous cases resulting in dismissals, reduced charges, and favorable plea arrangements. We’ve helped clients across Houston overcome challenging legal situations through strategic defense planning and aggressive representation.

Recent case successes include:

  • Secured a complete dismissal for a client facing 20 years on aggravated assault charges due to insufficient evidence
  • Negotiated reduced charges from aggravated assault to simple assault, resulting in probation instead of jail time
  • Successfully argued self-defense in a high-stakes case, leading to a not-guilty verdict

Our clients consistently praise our dedication, citing our accessibility during critical moments and our ability to explain complex legal processes in understandable terms. We’re proud to have earned their trust through proven results.

With 10.0 Superb Rating from Avvo, attorney Kelly Benavides has established herself as a trusted criminal defense lawyer in Houston.

When facing aggravated assault charges in Houston’s criminal courts, defendants must navigate a complex system of hearings, filings, and procedural requirements. We’ll guide you through each step of the process, from arraignment through trial or plea negotiations.

Houston’s criminal court system operates across multiple locations, including the Harris County Criminal Justice Center and district courts. We guarantee the strict deadlines for filing motions, scheduling pretrial conferences, and submitting evidence. Working with our team means you won’t miss critical dates or requirements.

The process typically involves several court appearances, including the initial hearing, pretrial conferences, and possibly motion hearings. We’ll make certain you’re prepared for each appearance and comprehend what to expect as your case moves through the system. Understanding your Miranda Rights during arrest ensures protection against self-incrimination as your case progresses through the courts.

Your Rights When Facing Aggravated Assault Charges

Everyone charged with aggravated assault retains fundamental constitutional rights, regardless of the circumstances surrounding their case. We’ll help you understand and protect these essential rights throughout your legal journey.

Your key constitutional protections include:

  • The right to remain silent and avoid self-incrimination under the Fifth Amendment
  • The right to legal representation and to have an attorney present during questioning
  • The right to a fair and speedy trial by an impartial jury of your peers

We understand that facing assault charges can be overwhelming, but knowing your rights is pivotal for your defense. Whether you’re dealing with allegations of physical violence, threats, or weapon-related charges, we’ll guarantee these fundamental protections are upheld at every stage of your case.

Skilled defense attorneys can present alternative legal solutions to help achieve the best possible outcome while balancing fairness and justice.

Frequently Asked Questions

How Quickly Can I Schedule an Initial Consultation With Kelly Benavides?

We’ll help you schedule a consultation with Kelly quickly – typically within 24-48 hours. Call our office during business hours, and we’ll find the earliest available appointment that works for you.

Does Kelly Benavides Handle Cases in Surrounding Counties Outside Houston?

We handle cases across multiple counties surrounding Houston, including Harris, Fort Bend, Montgomery, Galveston, and Brazoria counties. We’ll help determine if your case falls within our jurisdiction.

We offer flexible payment plans and can discuss legal financing options during your consultation. We’ll work with you to find an affordable solution that meets your needs and circumstances.

Can Family Members Attend Meetings and Court Appearances With Me?

Yes, we welcome family members to attend most meetings and court appearances. It’s helpful to have support, though the judge may limit courtroom attendance during certain proceedings.

Will My Immigration Status Be Affected by an Aggravated Assault Charge?

We need to take immigration consequences very seriously. An aggravated assault charge can lead to deportation, visa cancellation, and future immigration problems. It’s critical to work with both criminal and immigration attorneys.

Takeaway

We’ve shown how Kelly Benavides brings exceptional defense expertise to Houston’s aggravated assault cases, with proven success rates in dismissals, charge reductions, and acquittals. Through personalized strategies, evidence analysis, and deep knowledge of Texas law, our firm delivers effective representation when clients need it most. If you’re facing aggravated assault charges in Houston, don’t wait to secure experienced legal defense for your case.

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.

 

DWI lawyer

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.

DWI Lawyer: Comprehensive Case Evaluation & Defense Strategies | Benavides Law Firm

We know that facing a DWI charge in Houston can feel daunting, but you don’t have to navigate this challenge solitary. At Benavides Law Firm, we’ve assisted countless clients safeguard their rights and futures through expert defense strategies and thorough case evaluations. Our founding attorney, Top-Rates DWI Lawyer, Kelly Benavides, brings extensive experience in challenging police procedures, field sobriety tests, and breath test results. Let’s explore how our proven approach can make a difference in your case.

DWI Lawyer

Key Points

  • 20+ years of experience in Houston DWI defense with proven track record of case dismissals and charge reductions.
  • Expert knowledge in challenging breath tests, field sobriety tests, and identifying procedural violations during DWI arrests.
  • Strong relationships with Harris County prosecutors and thorough understanding of local court procedures and judicial preferences.
  • Specializes in protecting clients’ rights from initial traffic stop through trial, including Miranda rights and test refusal options.
  • Successfully helps clients avoid jail time through diversion programs and alternative sentencing, especially beneficial for first-time offenders.

The Crucial Role of Expert DWI Defense in Houston

Facing DWI charges in Houston requires an experienced legal defense that understands Texas’s complex drunk driving laws. It’s known that DWI cases involve multiple technical elements, from field sobriety tests to blood alcohol content measurements, each requiring thorough scrutiny and expert interpretation.

Our role extends beyond basic legal representation – we’re your advocates in a system where the stakes are high and the consequences far-reaching. We’ll examine police procedures, challenge evidence collection methods, and identify potential violations of your constitutional rights. In Houston’s courts, prosecutors aggressively pursue DWI convictions, making it essential to have a defense team that’s well-versed in local court dynamics and precedents.

When we handle your DWI case, we’re not just fighting charges; we’re protecting your freedom, career, and future. With two DWI convictions within a five-year period, you may be required to install an ignition interlock device in your vehicle.

Understanding Your Rights During a DWI Stop and Arrest

When we’re stopped for suspected DWI in Houston, we must remember that Miranda rights protect us from self-incrimination and guarantee our right to legal representation. Although we’re required to provide basic information and documents to law enforcement, we’re not obligated to answer questions about where we’ve been or what we’ve consumed. We also maintain the right to decline field sobriety tests, though this refusal may lead to administrative consequences under Texas implied consent laws. It’s crucial to document arrest details thoroughly, including gathering witness statements and evidence, to protect against potential false accusations.

Know Your Miranda Rights

Many drivers facing DWI charges don’t realize that their Miranda rights apply from the moment of their initial traffic stop. These constitutional protections serve as a shield against self-incrimination and guarantee fair treatment during police interactions.

When law enforcement reads your Miranda rights, they must inform you of:

  1. Your right to remain silent and avoid self-incrimination
  2. Your right to have an attorney present during questioning
  3. Your right to have a court-appointed attorney if you can’t afford one

We’ve seen cases dismissed because officers failed to properly Mirandize suspects. Remember, anything you say can be used as evidence, so we strongly recommend exercising your right to remain silent and requesting an attorney immediately. Even if you haven’t been read your rights, you can still invoke these protections at any time during the stop or arrest.

Refusing Field Sobriety Tests

Drivers pulled over for suspected DWI should understand their legal right to refuse field sobriety tests in Texas. While refusing these tests may result in a license suspension, it’s often strategically preferable to submitting to potentially unreliable tests like the walk-and-turn, one-leg stand, or horizontal gaze nystagmus.

We’ve seen how field sobriety tests can be inaccurate due to various factors including nervousness, physical conditions, weather, or uneven surfaces. Many sober individuals fail these tests under normal circumstances. By refusing the tests, you limit the evidence that can be used against you in court.

Remember to remain respectful when declining and clearly state “I don’t consent to any field sobriety tests.” This preserves your rights while reducing the risk of self-incrimination.

Advanced Defense Strategies for Texas DWI Cases

Through decades of experience defending DWI cases in Texas courts, we’ve developed sophisticated legal strategies that challenge every aspect of the prosecution’s evidence. We scrutinize every detail, from the initial traffic stop to the final breath or blood test results, identifying procedural errors and constitutional violations.

Our advanced defense approach targets three critical areas:

  1. Technical challenges to breathalyzer calibration, maintenance records, and operator certification
  2. Constitutional challenges focusing on reasonable suspicion for the stop and probable cause for arrest
  3. Scientific challenges to blood testing protocols, chain of custody, and lab procedures

We’ve successfully defended clients by exposing improper police procedures, questioning field sobriety test administration, and demonstrating how medical conditions or physical limitations can affect test results. Our thorough strategy leaves no defense angle unexplored. We can build a strong defense using credible witness testimony from individuals who observed your behavior before and during the arrest to contradict the officer’s observations.

Challenging Evidence: From Breath Tests to Field Sobriety

We regularly challenge DWI breath test evidence by exposing inherent flaws in the testing equipment, operator error, and environmental factors that can produce false readings.

Our defense strategy includes scrutinizing field sobriety tests for proper administration, considering medical conditions that affect performance, and documenting weather or road conditions that impacted results.

Through years of experience, we’ve successfully demonstrated how these seemingly reliable tests often fail to meet scientific and legal standards required for evidence in Texas courts.

With a BAC of 0.08% or higher being grounds for arrest in Texas, we meticulously examine calibration records and maintenance logs of testing equipment.

Breath Test Scientific Flaws

Understanding breath test flaws can make the difference between a conviction and an acquittal in DWI cases. We’ve successfully challenged numerous breath test results by exposing their inherent scientific limitations and procedural weaknesses.

Key scientific flaws we regularly expose include:

  1. The partition ratio assumption that inaccurately converts breath alcohol to blood alcohol using a standardized 2100:1 ratio, when this ratio varies drastically among individuals
  2. Temperature variations in breath, ambient air, and the testing device that can artificially inflate readings by up to 10%
  3. Radio frequency interference from police radios and cell phones that can disrupt the testing device’s electronic components

When we identify these flaws in your case, we can often suppress breath test evidence or challenge its reliability, substantially strengthening your defense strategy.

Field Sobriety Test Defense

Beyond breath tests, field sobriety tests present another common but challengeable form of DWI evidence. We’ve successfully challenged these tests by exposing their inherent flaws and administrative errors. Let’s examine the key vulnerabilities in standardized field sobriety testing:

Test Component Common Defense Points
Walk-and-Turn Medical conditions, road conditions, improper instructions
One-Leg Stand Physical limitations, weather factors, improper scoring
HGN Test Officer qualification, lighting issues, medical causes
Turn Sequence Environmental distractions, unclear commands
Overall Assessment Subjective interpretation, lack of video evidence

We’ll scrutinize every aspect of your field sobriety test, from the officer’s qualifications to the testing conditions. Many external factors can affect performance, including anxiety, fatigue, physical limitations, and environmental conditions – all legitimate defenses we’ll explore in your case.

Local Court Knowledge and Prosecutorial Relationships

Through years of practicing law in Harris County courts, our attorneys have developed extensive knowledge of local judicial procedures and built strong professional relationships with prosecutors. We recognize how different judges approach DWI cases and what strategies work best in each courtroom. This insider knowledge directly benefits our clients’ cases.

Our local court expertise includes:

  1. Deep familiarity with Harris County’s specific DWI court procedures, filing deadlines, and administrative requirements
  2. Strong working relationships with prosecutors that facilitate productive case negotiations and plea discussions
  3. Thorough understanding of individual judges’ preferences, tendencies, and interpretation of DWI laws

We leverage these relationships and our institutional knowledge to navigate the complex Harris County court system effectively, ensuring our clients receive the most favorable outcomes possible under challenging circumstances. With over 20 years of experience handling municipal matters in Houston, Kelly Benavides brings invaluable insight to every case.

Notable DWI Case Victories and Client Success Stories

Over decades of DWI defense in Houston, we’ve secured numerous case dismissals, charge reductions, and acquittals for our clients. Our track record demonstrates consistent success in challenging BAC results, questioning field sobriety tests, and exposing procedural errors.

Case Type Challenge Outcome
First DWI Invalid Stop Dismissed
Multiple DWI BAC Testing Error Reduced to Reckless
Felony DWI Rights Violation Acquitted

We’ve successfully defended clients from all walks of life – professionals, students, and commercial drivers. One notable case involved proving equipment malfunction in breath testing, resulting in complete dismissal. Another victory came through demonstrating improper police procedure during a traffic stop, leading to evidence suppression and case dismissal. Our expertise in alternative sentencing options has helped many first-time offenders avoid jail time through diversion programs.

Frequently Asked Questions

How Much Do Your DWI Defense Services Cost?

We’ll discuss your DWI defense costs during your free consultation, as fees vary based on case complexity, court requirements, and defense strategy needed for your specific situation.

Do You Offer Payment Plans for DWI Cases?

We offer flexible payment plans tailored to your financial situation. Our team works with you to establish manageable monthly payments, ensuring you can access quality DWI defense without financial strain.

Will My Case Require Me to Appear in Court Personally?

We’ll likely need you to appear in court for DWI cases, though we can handle many administrative matters on your behalf. We’ll guide you through exactly when your presence is required.

How Long Does a Typical DWI Case Take to Resolve?

Most DWI cases take 3-6 months to resolve, though complex cases can last up to a year. We’ll work diligently to reach the best possible outcome while managing your timeline expectations.

Can I Drive While My DWI Case Is Pending?

We’ll help you maintain driving privileges while your DWI case is pending. Most people can continue driving if they request an administrative hearing within 15 days of arrest and obtain an occupational license.

Takeaway

We’ve demonstrated how our law firm’s expertise in DWI defense provides Houston clients with complete protection against serious charges. Through our deep understanding of Texas DWI laws, proven track record of successful case outcomes, and strategic approach to evidence challenges, we continue to safeguard our clients’ rights and futures. Our established relationships within Houston’s court system and cutting-edge defense strategies guarantee the strongest possible representation for your case.

Criminal Defense Lawyer Houston: DWI Case Resolutions

We’ve seen how a DWI case in Houston can derail lives and careers, which is why experienced legal representation matters. At Benavides Law Firm, Kelly Benavides has successfully resolved hundreds of DWI cases with an 85% dismissal or reduction rate. Whether you’re facing a first-time offense or a complex case, we’ll examine every aspect – from field sobriety procedures to chemical evidence – to build your strongest possible defense.

DWI Case Resolution

Key Points

  • Kelly Benavides has successfully handled hundreds of DWI cases in Houston with an 85% success rate for dismissals and reduced charges.
  • Specializes in challenging blood tests, breath tests, and field sobriety evidence through comprehensive investigation and procedural review.
  • Offers expertise in protecting clients’ driving privileges and minimizing professional impact through strategic DWI defense approaches.
  • Proven track record of securing complete dismissals for first-time offenders and reducing charges in complex high-BAC cases.
  • Experienced in administrative hearings and criminal court proceedings, with expertise in Houston-specific DWI laws and enforcement.

Understanding DWI Laws in Houston: Your Rights and Obligations

While Texas DWI laws apply statewide, Houston’s enforcement carries unique characteristics that every driver should understand. In our city, law enforcement can request a blood or breath test if they suspect impairment, and we’re required to comply under implied consent laws. Refusing these tests can result in an automatic license suspension for 180 days.

We need to know that Houston police consider a Blood Alcohol Concentration (BAC) of 0.08% or higher as legal intoxication. First-time DWI offenses can lead to up to 180 days in jail, fines up to $2,000, and license suspension for up to one year. Our rights include remaining silent, contacting an attorney immediately, and requesting a hearing within 15 days to contest license suspension.

Common defenses against DWI charges include challenging field sobriety tests and questioning the accuracy of breath or blood test results.

Experience That Makes a Difference: Kelly Benavides’s Track Record

We’ve successfully represented hundreds of DWI cases in Houston with attorney Kelly Benavides leading our defense team. Through rigorous case analysis and strategic defense planning, we’ve achieved dismissals and reduced charges in more than 85% of our DWI cases. Our track record demonstrates consistent success in protecting clients’ driving privileges and minimizing the impact of DWI charges on their professional lives. We thoroughly investigate each case to challenge field sobriety tests and chemical evidence that could affect the outcome.

Proven DWI Case Results

Through decades of dedicated DWI defense work, attorney Kelly Benavides has established an impressive track record of successful case resolutions. Our records demonstrate consistent achievements in DWI case dismissals, charge reductions, and favorable plea agreements. We’ve helped clients maintain their driving privileges, avoid jail time, and minimize the long-term impact of DWI charges on their lives.

Notable outcomes include securing complete dismissals for first-time offenders, successfully challenging breath test results, and obtaining reduced charges in complex cases involving high blood alcohol levels. Our firm’s expertise in scrutinizing police procedures, field sobriety tests, and chemical test administration has led to numerous victories in both administrative hearings and criminal court proceedings. These results reflect our commitment to thorough case preparation and aggressive defense strategies.

Drawing from over two decades of criminal defense experience, attorney Kelly Benavides has established robust protocols to safeguard every client’s constitutional rights throughout the DWI defense process.

We’re committed to protecting your rights at every stage of your DWI case by ensuring:

  1. Immediate intervention to preserve evidence and challenge improper police procedures
  2. Thorough review of blood alcohol testing methods, breathalyzer maintenance records, and field sobriety test protocols
  3. Strategic protection against self-incrimination and unlawful questioning during traffic stops and arrests

As your legal advocates, we’ll scrutinize every aspect of your case to identify potential rights violations that could impact the outcome. Our team stays current with evolving DWI laws and court precedents to mount the strongest possible defense, while maintaining strict confidentiality and attorney-client privilege throughout your representation.

Strategic Defense Approaches for Complex DWI Cases

We examine every detail of blood test procedures and protocols to identify potential errors that could invalidate results in DWI cases. Our strategic approach includes reviewing calibration records, chain of custody documentation, and proper blood draw techniques to challenge the reliability of blood alcohol evidence. We’ve successfully negotiated reduced charges in complex DWI cases by highlighting procedural inconsistencies and constitutional violations during traffic stops and arrests. Our defense strategies include analyzing rising blood alcohol levels between the time of the traffic stop and when testing was administered to demonstrate potential inaccuracies in BAC measurements.

Challenging Blood Test Results

Accuracy in blood test evidence presents numerous opportunities for skilled DWI defense attorneys to challenge prosecution cases. It’s understood that blood testing protocols must follow strict scientific procedures to maintain reliability and admissibility in court. When these standards aren’t met, we can effectively challenge the evidence.

Our defense strategy focuses on identifying critical vulnerabilities in blood test procedures:

  1. Chain of custody issues – tracking blood sample handling from collection to analysis
  2. Testing equipment calibration and maintenance records
  3. Qualifications and certifications of lab technicians who conducted the analysis

We scrutinize every detail of the blood testing process, from proper storage temperature to anticoagulant levels. Even minor deviations from established protocols can compromise test accuracy, potentially leading to evidence exclusion or DWI case dismissal.

Negotiating Reduced DWI Charges

Successfully negotiating reduced DWI charges requires a thorough understanding of Texas criminal law, prosecution priorities, and case-specific mitigating factors. We’ll analyze every detail of your case to identify opportunities for charge reduction, including examining your driving record, BAC levels, and conduct during arrest.

We often negotiate with prosecutors to reduce DWI charges to less severe offenses like obstruction of a highway or reckless driving. These alternatives typically carry lighter penalties and fewer long-term consequences. Our strategy involves highlighting factors such as completion of alcohol education programs, community service, or evidence of rehabilitation.

We’re experienced in presenting compelling arguments that demonstrate why a reduced charge serves both justice and public safety, while protecting our clients’ futures and driving privileges.

Challenging Evidence: From Field Tests to Chemical Analysis

Three critical components form the foundation of DWI evidence challenges: field sobriety tests, breathalyzer results, and blood analysis procedures. We’ve successfully challenged these evidence types by scrutinizing proper protocols and identifying procedural errors.

When we examine DWI evidence, we focus on these pivotal areas:

  1. Field Sobriety Test Conditions – Weather, lighting, road surface, and officer training can impact test reliability
  2. Breathalyzer Maintenance Records – Machine calibration, testing procedures, and operator certification must meet strict standards
  3. Blood Sample Chain of Custody – Collection methods, storage conditions, and lab testing protocols require precise documentation

We’ll meticulously review every detail of the evidence against you, from questioning the initial traffic stop to analyzing chemical test results. Understanding these technical aspects helps us build stronger defenses and identify potential evidence suppression opportunities.

With felony charges possible for repeat offenders, challenging evidence becomes even more crucial for protecting your future.

The Benavides Law Firm Advantage in DWI Case Defense

With over two decades of specialized DWI defense experience, the Benavides Law Firm has established itself as Houston’s premier choice for challenging drunk driving charges. We comprehend the gravity of the situation – your freedom, career, and future – and we’re committed to protecting your rights through every phase of your case.

Our team’s deep understanding of Texas DWI laws, testing procedures, and local court systems gives our clients a distinct advantage. We’re recognized for our meticulous approach to case analysis, from scrutinizing arrest procedures to challenging breath test accuracy.

Our firm maintains strong relationships with expert witnesses, including toxicologists and accident reconstructionists, who strengthen our defense strategies. We grasp the importance of your case and are dedicated to defending your rights through every step. Understanding that multiple DWI convictions within a five-year period can result in mandatory ignition interlock device installation, we work diligently to build the strongest possible defense for every client.

Understanding the Texas DWI court process can feel overwhelming, which is why we’ll guide you through each critical phase. At the Benavides Law Firm, we guarantee you’re prepared for every court appearance and understand your legal obligations.

Your DWI case typically progresses through these essential stages:

  1. Arraignment – We’ll enter your plea and review the charges against you, while safeguarding your constitutional rights
  2. Pre-trial motions – We’ll challenge evidence, question procedures, and negotiate with prosecutors to fortify your position
  3. Resolution phase – Whether through plea negotiations or trial, we’ll pursue the most favorable outcome based on your specific circumstances

We’ll stand with you throughout this process, explaining legal terminology, filing necessary documents, and developing the strongest possible defense strategy for your case.

Our extensive track record of success in defending DWI cases has helped countless clients restore their driving privileges and preserve their personal freedom.

Success in DWI defense relies on more than just legal expertise – it demands a deep commitment to each client’s unique situation. We prioritize understanding your specific circumstances, concerns, and goals from our very first meeting. Our approach combines thorough case analysis with genuine personal attention.

We maintain consistent communication throughout your case, keeping you informed of developments and explaining complex legal concepts in clear terms. You’ll have direct access to our legal team when questions arise, and we’ll guide you through each step of the process. We also connect our clients with valuable resources and support services when needed.

This personalized strategy helps us build the strongest possible defense while ensuring you feel supported and understood throughout your DWI case. Understanding your legal defense options is crucial since prosecutors often employ unexpected strategies to strengthen their position.

Frequently Asked Questions

How Long Do DWI Charges Stay on My Driving Record in Texas?

We want you to know that DWI charges remain permanently on your Texas driving record unless you qualify for and successfully complete an expungement or non-disclosure process through legal channels.

Can I Still Drive for Uber/Lyft After a DWI Conviction?

We can’t drive for Uber or Lyft with a DWI conviction, as both companies permanently disqualify drivers with DWI records during their background checks, regardless of how long ago it occurred.

Will I Need to Install an Ignition Interlock Device After First-Time DWI?

In Texas, we’ll need an ignition interlock device after a first DWI conviction if our BAC was 0.15+ or as a condition of bond/probation. It’s typically required for 12 months.

How Much Does It Typically Cost to Fight a DWI Case?

We typically see DWI defense costs ranging from $5,000 to $15,000, which includes attorney fees, court costs, and expert witnesses. The complexity of your case directly impacts the total expense.

Do I Need to Tell My Employer About My DWI Arrest?

We recommend reviewing your employment contract and handbook first. While you’re not legally required to disclose a DWI arrest, some jobs mandate reporting criminal charges. Be transparent if your position requires it.

Takeaway

We’ve established our reputation as Houston’s leading DWI defense firm through measurable results and strategic expertise. Our track record of successful case resolutions demonstrates our ability to effectively challenge evidence and navigate complex legal proceedings. When you’re facing DWI charges, our thorough investigation methods and expertise in administrative hearings provide the extensive defense strategy you need. We remain committed to protecting your rights and minimizing the impact on your future.

Driving offenses come in the form of moving violations, non-moving violations, traffic infractions, and traffic crimes. Therefore, you need to work with an experienced traffic violation defense attorney if you want to ensure a more positive outcome for your driving offense case. They can inform you about your rights so you can proceed with a charge with more insight. Let’s look at some of the driving offenses and examples.

Moving Violations

Moving violations are offenses that occur while a vehicle is in motion. These are considered more serious than non-moving violations because they pose a greater risk to public safety.

Speeding:

Speeding is one of the most common moving violations. Some states follow an “absolute speed limit” law, meaning that exceeding the posted speed limit by any amount is a violation. Fines for speeding depend on how much over the limit the driver was going and the location of the offense (e.g., school zones carry higher penalties). It has been reported that 29 percent of total traffic fatalities for a recent year were associated with this common violation.

Running through an intersection when a light is red:

This violation occurs when a driver enters an intersection after the traffic signal has turned red. The fine for this infraction can typically range from $75 to $275, depending on the jurisdiction. Some cities also use red light cameras, which automatically issue citations to violators.

Improper lane change:

This violation includes changing lanes without signaling, cutting off other drivers, or crossing solid lines.

Failure to yield:

This violation occurs when a driver doesn’t yield to drivers or pedestrians as required by law. Common scenarios include failing to yield to emergency vehicles at intersections or when merging onto highways.

Other Examples

Other examples of moving violations can include:

  • Tailgating (following too closely)
  • Driving too slowly
  • Improper turning
  • Failure to stop at a stop sign

Non-Moving Violations

Non-moving violations are offenses that occur while a vehicle is stationary. While generally less severe than moving violations, they can still result in fines and other penalties.

Illegal parking:

Parking in prohibited areas, such as fire lanes, handicapped spaces without proper authorization, or blocking driveways are all examples of illegal parking. Fines vary widely depending on the specific violation and jurisdiction, ranging from $20 for minor infractions to several hundred dollars for parking in handicapped spaces.

Other Examples

Other examples of non-moving violations include:

  • Failure to wear a seatbelt
  • Having an obstructed view (e.g., cracked windshield)
  • Equipment violations (e.g., broken tail lights, excessively tinted windows)
  • Failure to have proper insurance documentation in the vehicle

Traffic Infractions

Traffic infractions are minor offenses that typically result in fines and, sometimes, points on a driver’s license. They can be either moving or non-moving violations.

Examples of traffic infractions include:

  • Failure to signal when turning or changing lanes
  • Driving with an open container of alcohol in the vehicle
  • Violating restrictions on a provisional license (for young drivers)

Traffic Crimes

Traffic crimes are more serious offenses that often involve reckless behavior or result in harm to others. These offenses typically carry more severe penalties, including possible jail time.

Driving on a suspended license

Operating a vehicle with a suspended or revoked license is a serious offense. In some states, first-time offenders can face fines up to $500 and up to six months in jail, and repeat offenders may face even steeper penalties.

Driving while intoxicated

Driving while intoxicated is an offense when a driver’s blood alcohol concentration is at least 0.08 percent. You may face a license suspension for as long as a year and jail time for a first offense.

Reckless driving causing injury or death:

Reckless driving that results in serious bodily injury or death can be charged as a criminal offense. Penalties can include fines up to $4,000 and jail time up to one year for serious bodily injury, with more severe consequences for fatalities.

Hit and run

Leaving the scene of an accident without providing information or rendering aid is a serious crime. For accidents involving injury or death, you may face penalties that include fines and imprisonment.

Vehicular homicide:

Also sometimes known as intoxication manslaughter, this offense occurs when a person causes the death of another due to driving while intoxicated. In some states this crime is punishable by 2 to 20 years in prison and fines of up to $10,000.

License Suspension for Moving Violations

Drivers can still face license suspension for accumulating too many moving violations. Below is an example of Texas guidelines for suspension relating to moving violations:

  • Four or more moving violations within 12 months can result in license suspension.
  • Seven or more moving violations within 24 months can also lead to suspension.

The length of suspension varies based on the number and type of offenses, typically ranging from 30 days to two years for repeat offenders.

Other Reasons for a License Suspensionnotepad with license suspension written next to gavel

Other reasons for license suspension can include:

  • DWI conviction (mandatory suspension)
  • Causing an accident resulting in serious bodily injury or death
  • Being involved in a traffic accident while uninsured
  • Failing to pay child support
  • Certain drug-related convictions

Work with a Defense Attorney to Ensure the Best Outcome

When you’re facing a driving offense, it is always a good idea to retain legal help. Using the services of a defense lawyer will help you learn more about your rights and experience a better outcome.
Traffic offenses can be serious and come with many penalties designed to promote safe driving and protect public safety. From minor infractions to serious crimes, the consequences of traffic violations can include fines, license suspension, and even imprisonment.

Therefore, it’s vital that drivers understand these laws and practice safe driving habits to avoid the personal, financial, and legal repercussions of a traffic offense or violation.

Contact an Experienced Defense Attorney If You’ve Been Charged with a Traffic ViolationKelly Benavides

If you are charged with a traffic offense or violation, make sure to contact a traffic violation defense lawyer near you. Learn more about your rights and ensure you’re on a more positive legal course.