Houston DWI Lawyer | DWI Defense in Houston, TX

Whenever I am picking a jury for a DWI case I always ask the question concerning how many people think that someone should not drink at all if they get behind the wheel of vehicle.  Without fail I can count on one brave person to publicly admit that despite knowing the law they feel that a person should not drive despite having a drink.  They understand that is only against the law for  person to drive while intoxicated, but this is their personal opinion.  The reason I call this person "brave" is because it is difficult to share such a conservative point of view and it typically leads to other people agreeing with the first person that shares this position.  Despite representing people that are accused of driving while intoxicated am not naive enough to think that someone else in in the jury panel shares this position.

Interestingly, the Austin, Texas police chief, Art Acevedo, agrees with this position to an extent.  He is  trying to make drinking and driving a crime.  He is pushing for a new crime of driving while ability impaired (DWAI).  His goal is to make anyone that blows under the legal limit for driving while intoxicated that is currently .08, but between the limits of .05 and .07 a jailable offense. What I find curious about his position is that he does not propose a penalty for the crime.  Is he suggesting that this crime be a class "B" or a "C"misdemeanor?  I bet his goal is to make DWAI  a class "B" which is the same as a first offense for driving while intoxicated.  I find it more likely that his goal is to increase the punishment for a first time charge of driving while intoxicated to a class "A" misdemeanor.  If this is the case,  I would imagine he would also want a second charge to be increased to a state jail felony from the current class "A" misdemeanor level .  Currently, the only state felony charge associated with a DWI is one where there is a child passenger. 

If Acevedo's proposal is made law it would make it illegal for most people to have a drink and drive in Texas.  Is that what most people want to see in our State?

If you would like to talk to a lawyer about your Harris County, Texas drunk driving case please call our office at (713) 242-1779.

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As a Houston DWI lawyer I have come across a few memorable DWI videos during my time, but I have never come across one where the police officer leaves the decision to arrest someone to chance.  That is exactly what a Humble, Texas police officer decided to do in a drunk driving case that I was representing recently.  The short version of this incident is that the officer, after stopping my client for a traffic violation states on video that if my client's girlfriend answers his phone call and comes to the scene to pick him up he will not arrest him for DWI.  The catch of course, is that if she does not answer the phone he will be booked for DWI.  Unfortunately luck was not on his side that night.  His girlfriend failed to answer his call.   Meanwhile, the officer neglects to have my client perform any field sobriety tests to actually determine if he is intoxicated before arresting him.  This is comparable to flipping a coin before deciding to arrest someone.

Once I brought these facts to the prosecutor's attention she could not believe this was the case.  After viewing the video for herself she was equally astonished and eventually dismissed the case.  My concern is that this officer is not going to be reprimanded or told that his actions were improper.  Is this really how the Humble,Texas police are going to decide how to arrest someone for DWI?  Has anyone come across an officer claiming to release someone to a friend or family member based on a chance phone call, or was this an isolated incident?

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Frequently, after a drunk driving arrest in Houston a person may not have access to their vehicle because it was involved in an accident.  In the past, this caused  some complications in the Harris County courts because most Houston criminal court judges required an interlock machine to be placed in the accused's vehicle despite the likelihood that the vehicle is sitting in a body shop somewhere. Further, the judge would require the accused to get the interlock for any vehicle that they would have access to drive, be it a rental car or a shared spouse's car.  When the accused states that they will not have access to any other vehicle other than the one involved in the accident the court becomes skeptical since this would make it very difficult for most people to get around Houston. Therefore, the Court normally requires the accused to sign an affidavit that states they will not drive during their time on bond or the court will make the accused get the expensive SCRAM device (over $400 a month).  Now, there is a third and better option available.  The accused may be afforded the opportunity to use an interlock device at home.  With this new interlock machine the judge's fears are put to rest and the accused may forego  the costly expense of the SCRAM.

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As a DWI Attorney in Houston I always thought Utah was a conservative state and these latest proposals do not change my opinion.  A bill in Utah is going to great lengths to eliminate alcohol consumption outside of the home.   The bill requires all restaurant bartenders to make the drinks behind a ten foot wall.  Also, Utah intends to criminalize anyone that looks drunk.  Talk about a slippery slope, today, it is hiding the bartenders next it is banning all alcoholic beverages in a restaurant. 

Here is hoping that Texas does not follow this line of thinking.  I would really miss a drink with my meal.  If you find yourself needing a lawyer for an alcohol related crime please contact our law firm at (713) 242-1779.

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The short answer is there is virtually  no difference between DWI and DUI in Texas. Both  DUi and DWI are terms that refer to operating a motor vehicle while losing the normal use of your mental or physical faculties.  The biggest difference between the two is only in what the letters stand for. DWI is an acronym for driving while intoxicated and DUI stands for driving under the influence of a known or unknown drug.

In some states, the drunk driving laws differentiate between a DUI and a DWI, where a DUI is a lesser charge. In these states, a DUI usually signifies a lesser degree of intoxication, which is determined by a person’s blood alcohol level at the time of arrest.  For example, the state of New York differentiates between DWI and DUI by establishing a blood alcohol level of .08 as the legal limit for DWI. If a person has a blood alcohol level of .07, the charges may be reduced to a DUI, which carries a lesser punishment.

In Texas like most states throughout the country that have developed a zero policy, consequently, they do not recognize any difference between a DUI and a DWI.  As far as the law is concerned, any blood alcohol level over the specified minimum (.08) is a crime that will be punished in the same manner. In some states, the terms DUI and DWI are used to indicate whether a person was driving impaired under the influence of drugs or alcohol. In those states DUI is reserved for illegal or legal drugs.

Also, there is no such crime as drunk driving in Texas.  For most people this is intoxicated, but the State goes to great lengths to try to deceive a prospective juror that this  is not the case despite common sense telling us otherwise.

If you need any assistance with your drunk driving case in Harris, County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

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