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Houston DWI Lawyer

If you or a loved one has recently been arrested for a DWI or DUI, we want you to know that we are here to help. Our criminal defense lawyers understand how stressful being arrested can be and are ready, willing, and able to defend you or your loved one against this criminal DWI charge.

It is important to remember that being arrested for a DWI does not mean you are guilty or will be convicted. Our Houston DWI attorneys specialize in developing successful defenses to charges by utilizing the science behind blood alcohol and our specialized knowledge of proper police procedures during a drunk driving arrest. Contact Houston DWI lawyer David A. Breston at (713) 224-4040 or fill out our convenient online form for a free consultation.

How Can David Breston Help With Your DWI In Houston?

David Breston Has Been Fighting For Clients in Houston Since 1997 With 1000s of DWI Cases Dismissed



Texas Criminal Defense Lawyers Association, 1997 – Present | Member
National Association of Criminal Defense Lawyers Association, 1997 – Present
American Immigration Lawyers Association, 2004
Harris County Criminal Defense Lawyers Association, 1997 – Present
Best Criminal Defense Lawyers in Houston

Client Review: 5/5 ★ ★ ★ ★ ★

Had gotten into some legal troubles and tried searching for all kinds of attorneys. Eventually, I had got a call from Mr. Breston and was very personable. Asked plenty of questions to get the scope of the situation. After 6 months of battling with the court and his legal group helping my case was dismissed. Couldn’t have been happier with how the situation resolved.

– RJ

Client Review: 5/5 ★ ★ ★ ★ ★

Great lawyer to work with! I have been working with David Breston for about 5 years now. I first hired him for the immigration issues I had with my student visa. He and his partners are very great people to deal with and they are all very friendly. We never had any communication issues or any other kind of problem with David Breston. At the moment, he is helping us with my wife’s DWI case and so far the experience with the law firm has been perfect as always. He takes care of his clients very well and his prices are VERY affordable. He has always done a really good job on the cases we needed help with. I would definitely recommend him to anyone that needs someone trustworthy.

– John G.

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Why You Need David A. Breston After a DWI Arrest

Driving under the influence of alcohol and drugs is a serious crime in Texas. If you received a DWI charge, you could be facing fines, license suspension, and even jail time depending on the severity of the accident. The Law Office of David A. Breston can provide legal representation to help defend you against these charges.

Even if you do receive a DWI charge, it does not mean that you are guilty of the crime or you will receive a hefty conviction. Our Houston DWI defense lawyers will work closely to you to learn more about your side of the story and develop a compelling case on your behalf.

  • Our Houston law firm will work closely with you to provide a tailored approach to your DWI case. By providing individualized attention to you, we can build a stronger defense to present in court.
  • The Law Office of David A. Breston has significant experience in multiple areas of criminal defense law, including DWI charges.
  • Since 1997, our firm has worked closely in Houston area courts. Our Houston DWI attorneys are very familiar with the trial processes and systems your DWI case will go through and can provide guidance every step of the way.

Houston DWI Defense Resources

What Does “Intoxicated” Mean?

Intoxicated as defined by law, occurs regarding these three aspects:

  • A person is considered intoxicated when they have lost what is considered normal use of their mental or physical faculties as a result of their alcohol consumption, controlled substance, prescription drugs, or a combination of these.
  • There does not have to be any intention of becoming intoxicated.
  • You have a breath or blood alcohol concentration of .08 or more at the time of operating a vehicle.

These three aspects can be hard to prove. For example, assuming what your normal mental and physical faculties are could be left to some judgment. Many times, what impacts you is not the same as what impacts others. Things like weight, tolerance, consuming food, and gender play a role in whether intoxication occurs.

Texas DWI Laws and Statutes

In the state of Texas, it is illegal to drive under the influence of alcohol or drugs. The state considers you intoxicated if you ingest alcohol, drugs, or any other substance that alters your mental or physical faculties to the point that you are impaired. If you operate a vehicle while intoxicated, you could face significant penalties. At times during the year, there may be DUI checkpoints set up, especially around holidays where drinking is highly prevalent.

Texas will consider you intoxicated if you fit any of the following criteria while driving:

Under Texas law, you can get a DUI charge even if you were not driving. The state specifically defines DWI as operating a vehicle while intoxicated, which includes more than physically driving it. The definition of “operate” is very broad, including any action that could enable the use of the vehicle.

What to Do After a DWI Arrest in Harris County

The moments after an officer pulls you over for a DWI can be disorienting. However, it is important to take the following steps to protect yourself and the outcome of your future trial.

  • If a police officer pulls you over on suspicion of a DWI, it is important to comply with his or her instructions. Under Texas’s implied consent laws, you need to submit to a DWI blood or breath test if the police officer requests you to take this test. You can receive a license suspension between 180 days to 2 years for refusing DWI sobriety tests.
  • Contact a Houston DWI defense attorney as soon as possible. You need an DWI specialist who understands DWI litigation in Texas, and a general attorney cannot usually provide that knowledge. The Law Office of David A. Breston has significant experience in this practice area and can help guide you to the best possible outcome.
  • Prepare with your attorney for your arraignment. Your dwi defense attorney will help advise you on how to plead during your trial, as well as what to say and how to present yourself. It is possible to contest and fight DWI charges in the jury trial.

If you are facing DWI charges in the greater Houston area, the Law Office of David A. Breston can help defend your side of the story. Our impaired driving attorneys have significant experience representing clients in their DWI cases and will work closely with you to craft creative defense strategies to combat your claim.

Our defense law firm is happy to meet with you to discuss your case and legal options. Contact our DUI lawyers today to schedule your free consultation at our downtown Houston offices.

BAC .15 or More – What Are the Ramifications?

Under Texas law, a BAC of 0.8 or higher is considered intoxicated. Those who are tested and have a DWI of 0.15 or higher can be charged with a DWI class A misdemeanor, a step up from a BAC that is lower. This increases the risk of penalties. For example, this means that you could see 30 days to up to 1 year in jail. You may be charged a fine of $4,000 as well.

In addition to this, there is also the requirement to complete a DWI blood test and pay a surcharge for the next three years if you are to maintain your license. This means that, for the next three years, you need to have a mandatory annual surcharge fee that is paid directly to the Texas Department of Public Safety. This fee is paid after a blood test is completed each year.

If this is a first offense, that fee is $1,000 each year. If it is a second or subsequent conviction, then you will pay a $1,500 annual surcharge. In situations where the BAC 0.15 occurs or higher, then this surcharge reaches $2,000 per year, for a total of $6,000.

Because the fines and overall implications of a higher BAC are so much more significant, it is critical to do all that is possible to minimize your conviction risks. Having a highly experienced DWI attorney who can help you through this process is the first step.

Call a Houston DWI Attorney at (713) 224-4040

The 15-Day Rule of DWI Charges in Texas

In Texas, the 15-day rule states that you have 15 days to schedule an Administrative License Revocation (ALR) hearing after a DWI arrest in Houston. If you fail to schedule an ALR hearing in Texas, you license will be suspended. The ALR hearing process is extremely technical, if you need to schedule an ALR hearing, contact our team of Houston’s best DWI defense lawyers today for a case evaluation.

DWIs can land an individual in complicated legal matters. Yet with such a large emphasis on driving and automobile transportation in the United States, those accused of a DWI are oftentimes extremely concerned about losing their driver’s licenses. While the ins and outs of DWIs can be confusing, the Law Office of David A. Breston has experienced Houston DWI attorneys who can help you on the road to justice while simultaneously providing critical legal information for those in need.

Is Your License Suspended After a DWI in Texas? 

The golden question that concerns most people after getting a Driving While Intoxicated (DWI) charge is if their license will be suspended. This is important for someone that may have responsibilities such as driving their child to school, getting to work, and transporting groceries from the supermarket – all while carpooling and public transportation are not widespread in Texas nor the United States.

Unfortunately, this is not an easy question to answer. It should be first noted that the suspension of a license is contingent on a few different factors. The first thing that must be realized is that an Administrative License Revocation (ALR) hearing must be requested within 15 days of your arrest. This, along with almost every other step in this process, should be performed with a law firm in order to ensure a healthy and successful trial.

Assessing the Outcomes of a Potential Suspension of License

The entire process will take place a few months after your request and depend on a number of bureaucratic factors. You will face a license suspension if you lose this case and the police officer’s testimony is accepted. If this is the case, your experienced DWI attorneys will help to secure you an Occupational Driver’s License, also known as an ODL, to ensure you can drive to work or school.

On the other hand, your DWI defense lawyer will attempt to cross-examine a police officer that may lead to your success, meaning you will be able to keep your driver’s license. Furthermore, police officers may not show up and be subpoenaed in which case you will also not face suspension.

There are extenuating circumstances in which the suspension of a license is more likely. For example, having multiple DWI charges on your record may increase the likelihood that it is suspended for a longer period of time. In addition, refusing a blood test or breathalyzer may also result in a suspension. In any case, you will need an attorney who is experienced in the DWI court process and will work on your behalf.

What Is a DWI Expunction?

DWI expunction is the legal process of removing all information about a criminal episode on your record that relates to DWI. Typically, under Texas law, a DWI will remain on your record long-term without any requirement for it to be removed at any time. However, with an expunction, you take the steps to request that the court remove that information from your record.

Expunction is critical for many people, including those who work as healthcare professionals, those who drive for a living, or in other situations. If you apply for a job, the presence of a DWI will impact your ability to get that job. A Houston expungement lawyer will make sure a DWI on your record will not affect your ability to get housing, help at a child’s school, or get a professional license, through expunction.

Your Best Bet in Texas – Turning to a DWI Defense Attorney

Time and time again, people find themselves in sticky legal matters. They may try to go about solving it themselves, but are largely unsuccessful. It is important to entrust a Houston DWI attorney from the Law Offices of David A. Breston in order to avoid a license suspension and further damage to your reputation. Please call us today for a free confidential consultation at 713-804-6492.

Houston DWI Frequently Asked Questions

Texas DWI Frequently Asked Questions

Is jail time mandatory for 1st DWI Charge in Texas?

In Texas, a first-time DWI calls for a minimum sentence of 3 days. If you handle your case by following the terms of your probation, you may be able to get out of the 3 day sentence. A violation of your probation can extend your jail time to up to 2 years.

Can a DWI be dismissed in Texas?

In Texas, a DWI is dismissed when the judge does not believe there is sufficient evidence in your case. There are special situations in which a case can end as well. A felony dui attorney can help you get your cased dismissed depending on the facts of your case.

Is a DWI a felony in TX?

In Texas, a first-time DWI is typically charged as a misdemeanor. Repeated offenses of a DWI can result in a felony charge. Under special conditions, such as your BAC level, your first or second DWI could result in a more serious offense.

How much does a DWI lawyer cost in Texas?

DWI lawyer costs in Texas can vary significantly depending on factors like experience, location, and complexity of the case. Typically, fees range from $1,500 to $5,000 for a misdemeanor DWI defense, and may escalate for felony charges. However, specific costs should be discussed with individual lawyers.

How much is a DWI in Houston?

The cost of a DWI in Houston can be substantial. Fines may range from $500 to $2,000 for a first offense, but other expenses like legal fees, court costs, and increased insurance rates should also be considered.

Contact a Houston DWI Lawyer Today

Don’t hesitate to contact the DWI defense attorneys at The Law Office of David A. Breston today if you or a loved one has recently been convicted of a drunk driving charge, our law firm offers a free and confidential consultation. Since 1997, David A. Breston has been serving Houston and helping represent those who are usually under-represented for criminal charges and need strong DUI defense. Our criminal defense law office will fight hard for your freedom and will do whatever it takes to ensure that you are our priority. Don’t just take our word for it, hear what our clients have to say about our Houston DWI defense attorneys on Google, Yelp, and Facebook.



Additional Drunk Driving Resources

For more FAQs and Facts on DUI Law in Houston Click Here.

Areas We Serve

Northside, Independence Heights, Central Northwest, Greater Fifth Ward, East Downtown, Central Business District, South Central Houston, Greater OST/South Union, Southwest Houston, Spring Branch East, The Memorial Villages, Briarforest, Chinatown, Mission Bend, Energy Corridor, Northwest Houston, Acres Homes, Aldine, East Aldine, East Houston, Jacinto City, Galeana Park, Deer Park, Southeast Houston, South Park, Greater Hobby Area, Hyde Park, Fourth Ward, Rice Military, Bellaire, South Main, Second Ward, Magnolia Park, Pearland, Friendswood, League City, Dickinson, La Marque, Texas City, Humble, Shady Acres, Jersey Village, Pasadena