DWI

Simply put, a DWI conviction can cost you thousands of dollars. You should hire the best possible lawyer to fight the charges. So choose someone who has the training and experience to stand up to the government. Do not enter the battlefield without a warrior on your side. Call Miller Law Group, PLLC today: 713-866-6233.

Along with being a former Harris County prosecutor, Gary S. Miller is certified by the National Highway Traffic Safety Administration (NHTSA) in the Standardized Field Sobriety Testing Practitioner Course, which is the same course police officers are required to pass in order to conduct field sobriety tests.  This certification is not held by all criminal defense attorneys (even some claiming to be “expert” DWI lawyers) and gives Gary greater insight into your DWI case, to attack how the test was conducted and see any errors that might have been made during the testing and exploit them to your advantage.

Texas DWI Laws

In Texas, it is against the law to operate or drive a vehicle if you are under the influence of alcohol and/or drugs.  A person is considered to have impaired mental or physical faculties if their  blood alcohol concentration (BAC) is .08 mg or higher. Any driver in Houston or throughout the state of Texas found driving with a BAC at or above the legal limit will be arrested on DWI charges. Prosecutors routinely pursue charges against suspects even when there is a BAC lower than 0.08, demonstrating the complexity of DWI defense.

You only have 15 days after being arrested to request a hearing with Department of Public Safety (DPS) in order to contest the suspension of your drivers license.  So it is entirely possible to lose your license before even being convicted of a DWI.  This separate hearing as it pertains to you driver’s license is called an Administrative License Revocation (ALR) hearing and  must be requested within 15 days of being arrested.  You must request the ALR within that time period or you waive your right to the hearing and lose you license.  It is that simple.  So it is very important to call an experienced attorney as soon as possible. DWI is a serious offense and requires an experienced and skilled Houston DWI Lawyer like Gary S. Miller.

If convicted, you could face:

  • Thousands of dollars in fees (surcharges) from the Texas Department of Public Safety
  • Increased Insurance Premiums
  • Employment Consequences
  • Jail Time
  • Loss of drivers license
  • Probation fees
  • Installation and monthly maintenance fees of Interlock device

If you have been arrested for DWI, it is important to contact an attorney immediately. You only have fifteen calendar days from the date of your arrest to start these critical aspects of your defense, such as requesting an ALR hearing to fight your drivers license suspension.

Failing to act quickly could jeopardize important rights, such as your ability to fight any license suspension or to prepare a solid defense for trial. Prosecutors receive extensive training preparing to take your DWI to trial so don’t entrust your future to just anyone to protect your rights.

Texas DWI Penalties

The punishment for a DWI charge will vary depending on how many times you have been previously convicted:

DWI 1st Offense

  • 72 hours up to 180 days in jail
  • Up to $2,000 fine
  • Driver’s license suspension for 90 days to 1 year

DWI 2nd Offense

  • 30 days up to 1 year in jail
  • Up to $4,000 fine
  • Driver’s license suspension for 180 days to 2 years

DWI 3rd Offense

  • 2-10 years in prison (Texas Department of Corrections)
  • Up to $10,000 fine
  • Driver’s license suspension for 180 days to 2 years

Attorney Gary S. Miller can help you fight your DWI/DUI charge and will attempt to get your charges reduced or dismissed. If not, he is prepared to go to trial in order to fight the government and force them to prove their case against you. Call Miller Law Group today to set up a free consultation: 713-866-6233.

DWI FAQs

Should I wait to hire an attorney?

No, you should hire an attorney as soon as possible. You have only fifteen calendar days to contact the Texas Department of Public Safety to schedule your ALR hearing to prevent your driver’s license from being taken away. Missing this deadline will result in your license being automatically suspended. The sooner you have an attorney, the sooner your attorney can help defend your case.

What should I expect during my DWI case?

Every DWI case has two phases. The first part is your ALR hearing to challenge the automatic suspension of your driver’s license. While many people think they can handle this part of their defense themselves, it is important to hire an experience attorney to protect your driving privileges and to help you get an occupational drivers license should you suffer a suspension.  In addition, helpful information can be elicited from the arresting officer during the ALR hearing that can aid in your criminal case.  The second phase is the criminal case and involves court appearances, filing of discovery motions and discussions with the prosecutor. Ultimately, the case will proceed to a jury trial in order to fully contest the DWI charges unless the charges are dismissed. DWI trials are complex because of the scientific nature of the evidence, officers highly experienced at testifying persuasively in front of jurors and the law involved such as the traffic code and the penal code.

Is it ever too late to get an attorney?

No, even if your ALR hearing deadline or criminal trial is approaching soon, Gary S. Miller can still represent you. Contact us for a free initial consultation to learn more about how we can use our experience to assist you.

Defending DWI Cases in Houston

Gary S. Miller will work tirelessly from the moment we take your case, acting early and decisively for the best possible results. Contact us as soon as possible: 713-866-6233.