DWI Defense Attorney In Houston
My name is Penny Wymyczak-White, and I have been defending clients against DWI charges in Texas for four decades. It’s important to keep in mind that a DWI charge is not a conviction. There are often more options available to you than you might expect. The sooner you get legal representation, the better your chances become.
If this is your first offense, you may qualify for Harris County’s DIVERT program. Completing the program can result in your DWI charges being dismissed entirely.
What I Look For In Your Case
Every DWI defense starts with the same question: Was the stop and arrest handled properly? Harris County now gives defense attorneys copies of the offense report, but the police report is only the officer’s interpretation of events. As your legal counsel, I will look at it closely and search for every available avenue to challenge the state’s case against you.
In cases like these, it’s crucial to ask the following:
- Were you properly read your Miranda warnings?
- Did the police officer have a valid reason to stop you?
- Were any statements you made coerced, taken out of context or misinterpreted?
These details matter, and they can make a significant difference in the outcome of your case.
Field Sobriety Tests
Police make DWI arrests based on probable cause. That is not the same standard as “beyond a reasonable doubt.” Field sobriety tests are subjective, and there is no law in Texas requiring officers to maintain their standardized field sobriety training on an ongoing basis. Many officers do not take notes at the scene, and most do not include mitigating or exculpatory information in their reports.
This is why I examine the conditions of my clients’ testing closely. The circumstances surrounding a field sobriety test can significantly affect the results. Was it nighttime with poor lighting? Were they asked to walk a straight line on the side of a busy highway? Were there distractions? Did they have any physical disabilities that may have affected their performance? Each of these factors can call the results of the test into question.
If there was patrol car video, I assess whether it accurately reflects their true state of sobriety or whether outside factors impacted the footage. It’s also important to be aware that your conversation may have been recorded from the moment of the stop all the way to the jail.
Breath Test Results
The Intoxilyzer 5000 applies a uniform set of assumptions to every test. It treats each person as having the same blood-breath partition ratio and hematocrit ratio, and assumes all samples are collected at a temperature of 93.2°F. The machine’s software is proprietary and not available for independent scientific review.
Texas does not allow anyone outside of law enforcement to become a certified breath test technical operator, and there is no provision under Texas DWI law that allows for samples to be retested. There are many things that have been shown to affect a breath test score, and I review these factors closely in every case.
What The State Must Prove
Texas DWI law defines intoxication broadly. A person can be charged with DWI not only for consuming alcohol, but for any intoxicating substance that impairs their ability to drive. This includes prescription medication. If your medication label warns against operating a motor vehicle or machinery, driving after taking it can result in a DWI charge.
At trial, the state can prove intoxication in one of three ways:
- Not having the normal use of physical faculties
- Impaired mental faculties
- Having a blood alcohol concentration of 0.08 or more
The jury does not have to be unanimous on which of these applies, only that you were intoxicated. Intoxication must also be proven to have occurred while driving.
DWI Classifications And Penalties In Texas
A DWI conviction carries serious consequences that increase with each subsequent offense.
First Offense: Class B Misdemeanor
A first DWI conviction carries a fine of up to $2,000, county jail confinement from 72 hours to six months, and 24 to 100 hours of community service. If there was an open container of alcohol in your vehicle, the minimum jail term increases to six days.
Most first-time offenders are placed on probation of one to two years. Standard probation conditions typically include a drug and alcohol evaluation, completion of a DWI education class within 180 days, and attendance at a Victim Impact Panel.
Second Offense: Class A Misdemeanor
A second conviction carries a fine of up to $4,000, county jail confinement from 72 hours to one year, 80 to 200 hours of community service, and a license suspension of 180 days to two years.
If a person convicted of a second-offense DWI is released on bond, Texas law requires them to install a deep lung air device on any vehicle they drive. This device requires a breath sample before it will allow the car to start.
Third Offense And Beyond: Third-Degree Felony
A third DWI conviction is a third-degree felony. A conviction carries prison time ranging from two to ten years and fines reaching $10,000. It can also lead to 160 to 600 hours of community service. Prior DWI convictions from other states can be used by Texas for enhancement purposes.
In some cases, a Substance Abuse Felony Probation (SAFP) program may be ordered as an alternative to penitentiary time.
Intoxication Assault And Intoxication Manslaughter
If a person causes serious physical harm to another person while driving intoxicated, they can be charged with intoxication assault, a third-degree felony. A conviction carries prison time ranging from two to ten years and fines reaching $10,000.
If someone dies as a result, the charge becomes intoxication manslaughter, a second-degree felony. A conviction carries prison time ranging from two to twenty years and fines reaching $10,000.
Call The Law Office of Penny Wymyczak-White Today
If you have been charged with DWI in Houston or the surrounding area, do not make any statements before speaking with an attorney. Call me at 713-568-4302 or reach out through my website.