Houston DWI Lawyer at Varghese Summersett
There are few things as devastating as facing a DWI charge in Houston. Unlike most criminal charges, driving while intoxicated requires no intent to have committed the offense. So it comes as no surprise that individuals with no criminal history can find themselves in the crosshairs of a DWI prosecution. Our Houston DWI Lawyer understands this. Facing a DWI charge in Houston is more than just a legal challenge – it’s a fight for everything you care about. Your freedom, your reputation, your driving privileges, and your future are all at stake. At Varghese Summersett, we understand the gravity of your situation, and we’re here to stand by your side as your tireless defenders.
The Stakes Are High – Choose a Lawyer Who Can Defend It All
In Texas, driving is more than a convenience; it’s a virtual necessity. With only 15 days to save your license after a DWI arrest, you need a Houston DWI lawyer who can act fast and effectively.
What Sets Varghese Summersett Apart?
1. Board Certified Specialists
Our team includes Board Certified specialists like Benson Varghese and Anna Summersett. This certification in criminal law is held by less than 1% of Texas attorneys and demonstrates our commitment to excellence in criminal defense.
2. Extensive Trial Experience
With hundreds of successful DWI trials under our belts, we bring unparalleled experience to your case. We’re as comfortable in the courtroom as we are at home, and it shows in our results. Houston DWI Lawyer Mike Hanson is a highly-sought after trial lawyer. Our lawyers have gone to trial on everything from misdemeanor DWIs to felony intoxication manslaughter charges.
3. Innovative Preparation
We’ve built a full courtroom in our office. From mock trials to witness prep, we use the courtroom to prepare for trial. That’s how committed we are to preparing the strongest possible defense for you. Our unique approach allows us to meticulously rehearse every aspect of your case, leaving no stone unturned.
4. Former Prosecutors Fighting for You
Our team includes former prosecutors who now dedicate their careers to defending the accused. This insider knowledge gives us a unique perspective on how the other side thinks and operates, allowing us to anticipate and counter their strategies.
5. Comprehensive DWI Expertise
We handle every level of DWI case in Texas. Our Board Certified criminal lawyers expertise covers the full spectrum of DWI charges, including:
- Standard DWI
- DWI with BAC .15 or greater
- Second offense DWI
- Felony DWI
- Intoxication assault
- Intoxication manslaughter
- DWI with a child passenger
Understanding DWI Charges in Texas
Texas law takes a strict approach to DWI cases, with penalties that escalate based on factors such as your blood alcohol concentration (BAC), prior offenses, and whether any injuries or fatalities occurred. This guide will break down the various types of DWI charges in Texas, their corresponding penalties, and the circumstances that may lead to enhanced charges.
DWI
Driving While Intoxicated (DWI) is a serious offense in Texas. For a first offense, penalties can include:
- Fines up to $2,000
- 3 to 180 days in jail
- License suspension for up to a year
- Annual surcharge up to $2,000 for three years to keep your license
DWI with BAC 0.15 or Greater
If your Blood Alcohol Concentration (BAC) is 0.15 or higher, you’ll face enhanced penalties:
- This is considered a Class A misdemeanor
- Fines up to $4,000
- Up to a year in jail
DWI Second Offense
A second DWI offense is also a Class A misdemeanor, but with increased penalties:
- Fines up to $4,000
- 30 days to a year in jail
- License suspension for up to two years
- Mandatory installation of an ignition interlock device
DWI Felony
A third DWI offense is considered a third-degree felony:
- 2 to 10 years in prison
- Fines up to $10,000
- License suspension for up to two years
Intoxication Assault and Manslaughter
These are more serious offenses involving injury or death:
- Intoxication Assault: Second-degree felony, 2 to 20 years in prison
- Intoxication Manslaughter: First-degree felony, 5 to 99 years in prison
DWI with Child Passenger
Driving while intoxicated with a child under 15 in the vehicle:
- State jail felony
- 180 days to 2 years in state jail
- Fines up to $10,000.
Misdemeanor DWI Sentencing in Texas
| Offense | DWI 1st Offense | DWI w/ Open Container | DWI w/ ≥ 0.15 BAC | DWI 2nd Offense |
|---|---|---|---|---|
| Punishment | Class B with 72 hrs – 180 d. Jail; Fine $0-$2,000 (P.C. § 49.04(b)) | Class B with 6 – 180 d. Jail; Fine $0-$2,000 (P.C. § 49.04(c)) | Class A with 0 – 365 days Jail; $0-$4,000 (P.C. § 49.04(d)) | Class A with 30 – 365 days Jail; $0-$4,000 (P.C. § 49.09(a)) |
| DL Suspension | 90 d. – 1 yr., except: < 21 at offense = 1 yr. (T.R.C. § 521.344(a)(2)(A)) | 90 d. – 1 yr., except: < 21 at offense = 1 yr. (T.R.C. § 521.344(a)(2)(A)) | 90 d. – 1 yr., except: < 21 at offense = 1 yr. (T.R.C. § 521.344(a)(2)(C)) | 180 d. – 2 yrs., unless: prior w/in 5 yrs. = 1 – 2 yrs. (T.R.C. § 521.344(a)(2)(B)) |
| Credit ALR? | Shall Credit, *unless*: < 21 (T.R.C. § 521.344(c)(2)) or prior Chap. 49 Conv. (T.R.C. § 521.344(c)(1)) | Shall Credit, *unless*: < 21 (T.R.C. § 521.344(c)(2)) or prior Chap. 49 Conv. (T.R.C. § 521.344(c)(1)) | Shall Credit, *unless*: < 21 (T.R.C. § 521.344(c)(2)) or prior Chap 49 Conv. (T.R.C. § 521.344(c)(1)) | N0 (T.R.C. § 521.344(c)(1)) |
| Ignition Interlock | Not Required | Not Required | Not Required | Required if prior conviction is w/in 5 yrs. (P.C. § 49.09(h)) |
The Varghese Summersett Approach to DWI Defense in Houston
Protecting Your License: The ALR Hearing
When you’re arrested for DWI, your driver’s license is taken, and you’re given a notice of suspension. You have only 15 days to request an Administrative License Revocation (ALR) hearing to contest this suspension. This hearing is crucial not only for maintaining your driving privileges but also for informing your criminal defense strategy.
Our experienced DWI lawyers know how to navigate the complex rules and procedures of ALR hearings. We’ll challenge every aspect of your arrest, including:
- The validity of the initial stop
- The existence of probable cause for your arrest
- The validity of the process used to obtain a specimen of your breath or blood
Dismantling the Prosecution’s Case
In both your criminal case and the ALR hearing, our defense strategy is thorough and relentless. We meticulously challenge the evidence against you by examining every detail of the case. This includes scrutinizing the handling and analysis of chemical specimens, such as breath and blood tests, to ensure their accuracy and reliability.
Our approach also involves cross-examining key witnesses, including police officers and forensic specialists, to identify inconsistencies or weaknesses in their testimony. When necessary, we bring in expert witnesses to counter the prosecution’s claims and provide alternative interpretations of the evidence.
Additionally, we investigate any potential constitutional violations or procedural errors that may have occurred during your arrest or the collection of evidence. Every aspect of your case is analyzed with precision, leaving no stone unturned in the pursuit of justice.
Collateral Consequences of a DWI
A DWI conviction can have far-reaching effects on your life, beyond just the legal penalties. These collateral consequences can include:
- Security Clearance: A DWI can make it difficult to obtain or renew security clearances, potentially impacting your career in government or defense-related fields.
- Professional Licenses: Many professional licenses, such as those for doctors, nurses, pilots, and lawyers, can be restricted or revoked following a DWI conviction.
- Child Custody: A DWI conviction can negatively impact child custody and visitation arrangements in family court proceedings.
- Employment and Housing: A criminal record can make it challenging to secure employment or housing, as many employers and landlords conduct background checks.
- Insurance Rates: Your auto insurance rates are likely to increase significantly after a DWI conviction.
- Travel Restrictions: Some countries may deny entry to individuals with DWI convictions on their record.
Can you beat a DWI in Houston?
It’s possible to beat a DWI charge in Houston, but it’s nearly impossible to do it on your own. Many people make the mistake of pleading guilty, thinking it’s their only option. At Varghese Summersett, we. consider the following:
- Long-term Consequences: A DWI conviction can affect your life long after any jail time or fines. It can impact your ability to get a job, rent a home, obtain loans, or secure professional licenses.
- Potential Defenses: There may be numerous ways to challenge your DWI charge that aren’t immediately apparent. Our experienced attorneys know how to identify and leverage these opportunities.
- Negotiation Power: Even if the evidence seems strong, having a skilled attorney can often result in reduced charges or penalties through negotiation.
- Two Cases to Fight: Remember, a DWI arrest triggers both a criminal case and a civil case for your license suspension. Pleading guilty to the criminal charge doesn’t help your civil case.
Understanding DWI vs. DUI in Texas
While the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are often used interchangeably, in Texas, the official term is DWI. Texas law uses DWI for both alcohol and drug-related impaired driving offenses. Driving while intoxicated means you were not normal physically or mentally due to a substance in your body or your met .08 blood alcohol threshold. Driving under the influence, on the other hand, is an offense that applies to individuals who are under the age of 21 and have any detectable amount of alcohol in their system while operating a vehicle.
How Long Will a DWI Stay on Your Record?
In Texas, a DWI conviction will permanently stay on your criminal record unless it is expunged or sealed. Expungement is only possible in very limited circumstances, such as if you were arrested but never charged, you beat the case at trial, or if your case was dismissed. This is why fighting your DWI charge with an experienced attorney is so crucial – the consequences can truly last a lifetime.
The Varghese Summersett Difference: Why Who You Hire Matters
When you’re facing DWI charges in Houston, who you hire can make all the difference. Here’s why Varghese Summersett stands out:
- Methodical, In-depth Preparation: We approach every case with meticulous attention to detail. Our attorneys are known for their thorough preparation, ensuring you’re in the best possible position when your day in court arrives.
- Courtroom Excellence: Our attorneys are as comfortable arguing your case in court as they are in their own living rooms. This confidence and skill translate to powerful advocacy for you.
- Commitment to Clients: We understand that facing a DWI charge is one of the most stressful experiences of your life. We’re not just your legal representatives; we’re your steadfast supporters throughout this challenging time.
- Proven Results: Our track record speaks for itself. We’ve successfully defended hundreds of DWI cases, often achieving dismissals, acquittals, or significantly reduced charges.
Don’t Face This Alone: Contact Varghese Summersett Today
A DWI arrest can be life-changing, but it doesn’t have to define your future. With Varghese Summersett on your side, you have a fighting chance to protect your freedom, your reputation, and your way of life.
Remember, time is critical in DWI cases. The sooner you reach out, the sooner we can start building your defense. Don’t let crucial deadlines pass or important evidence slip away. Contact Varghese Summersett now for a confidential consultation.
When you’re in a fight for everything you care about, don’t settle for less than the best. Choose Varghese Summersett – Houston’s premier DWI defense team. We’re ready to stand with you and fight for the outcome you deserve.
