DWI / DUI
DWI is an opinion crime. One police officer who claims he sees red, glassy eyes, hears slurred speech and smells the odor of alcohol can take you to jail. Someone who just met you and knows nothing about where you have been, whether you have allergy problems, what kind of medical issues you have, the way you talk and whether you drank any alcohol that day, let alone how much, can take away your freedom. Without an experienced Houston DWI Defense Attorney, you could end up with more time in jail, having to pay thousands of dollars in fines with your drivers license suspended and a criminal conviction on your record for the rest of your life without an attorney that knows how to defend a DWI, DUI or other alcohol related offense. An arrest, conviction or even dismissal of a DWI can radically change your life. You could lose your job, miss out on future employment opportunities or get evicted from your home. At the Law Office of Collin Evans, we understand that your case creates problems outside the courtroom and work hard to help you solve them.
DWI Frequently Asked Questions
What is Driving While Intoxicated?
DWI is a crime when operating a motor vehicle in a public place while intoxicated. Intoxication is not the same as “drunk.” The law defines intoxication as the loss of the normal use of your physical or mental faculties, or having alcohol concentration of 0.08 or greater in your breath, blood or urine. A person can be intoxicated from substances other than alcohol such as a controlled substance, drug, dangerous drug or a combination of two or more those substances into the body.
What are the consequences of a DWI conviction?
Getting pulled-over, arrested, and spending the night in jail for DWI is just the beginning of a long road. While your case is going on a judge could order you to not to drive at all, install a breath testing machine in your car or put an alcohol monitor on your ankle. The Texas Department of Public Safety will use the Administrative License Revocation hearing to try to suspend your license. The possible penalties for a conviction include:
First DWI charge
- 72 hours to 180 days in the county jail
- up to a $2,000 fine
Second DWI charge
- 30 days to 1 year in the county jail
- up to a $4,000 fine
Third DWI charge
- 2 to 10 years in prison
- up to a $10,000 fine
If convicted and placed on probation, you could be ordered to:
- not drive
- spend more time in jail
- pay fees
- attend Alcoholics Anonymous meetings
- enroll in a rehab program
- perform community service
- stay away from bars
- take random alcohol and drug tests
- report to a probation officer regularly
Getting charged with a DWI does not have to lead to these consequences though. Every case is different and finding a DWI defense attorney in the Houston area that has experience handling these types of cases is key.
Will my driver’s license get suspended?
On the 41st day after your arrest, the Texas Department of Public Safety (DPS) will automatically suspend your license, if you do not follow the proper procedures. You only get 15 days to request a hearing. A DWI defense attorney that knows how the process works can ensure that your license does not get suspended automatically, but you must act fast to keep your right to a hearing and possibly save your driver’s license. The outcome of this hearing can differ greatly depending on your representation.
Possible suspension periods:
- 90 days for providing a sample of 0.08 or greater
- 180 days for refusing to provide a sample
- 1 year with prior suspension within 10 years
- 2 years with prior suspension within 5 years
Collin Evans has years of experience representing clients in danger of losing their driver’s license and will fight for the best possible outcome in your case. Click here for more info on a suspended license in Houston, Texas. Contact our office to set up your free consultation and decide if Collin Evans is the right DWI defense attorney for you.