Being arrested for Driving While Intoxicated (DWI) in Houston, Texas, can be an overwhelming experience. You’re likely facing a whirlwind of legal procedures, from posting bail to navigating court appearances. If you’ve been charged with DWI or Driving Under the Influence (DUI) in Texas, securing a Traffic Lawyer Houston who is deeply familiar with Texas DWI laws should be a top priority. Even if you feel behind in the process, it’s never too late to reach out to an experienced Houston traffic lawyer houston at Sullo & Sullo.
It’s understandable to feel anxious and frustrated by the drawn-out legal process that follows a DWI arrest. You might be wondering when you can return to your normal life. Knowing what to expect is crucial. In a Texas DUI case, the next significant step usually involves your traffic lawyer houston presenting pre-trial motions. While the specific motions will be tailored to the details of your case, certain aspects of this stage are common to virtually every DWI case in Texas.
The Pre-Trial Motion Hearing: Who’s Involved?
At your pre-trial motion hearing, you will be present alongside your traffic lawyer houston, the judge, and the prosecution. Both sides will present legal arguments, and the judge will make critical decisions. These decisions include determining who can testify during your trial, what evidence can be presented, and, most importantly, whether there is sufficient legal basis for you to even stand trial for DWI. The judge will carefully consider the arguments from both your traffic lawyer houston and the prosecution before making a ruling.
Types of Pre-Trial Motions Your Traffic Lawyer Houston Might Use
A skilled traffic lawyer houston will meticulously examine the circumstances surrounding your DUI stop and arrest. If there’s evidence that the initial stop lacked reasonable suspicion or that the arresting officer made procedural errors, your attorney may file a motion to dismiss the case outright. Suppressing evidence is often a central focus during the pre-trial motion phase. The prosecution, representing the Harris County District Attorney, bears the burden of proving your guilt beyond a reasonable doubt. To do so, they must present solid, legally obtained evidence against you.
For instance, if the officer failed to properly read your Miranda rights upon arrest, or if the breathalyzer test was improperly administered, your traffic lawyer houston can challenge this evidence. Perhaps field sobriety tests were conducted on an uneven or slippery surface due to weather conditions, making accurate results impossible. Underlying medical conditions could also have impacted your performance on field sobriety or breathalyzer tests. Your traffic lawyer houston will work diligently to expose weaknesses and inaccuracies in the evidence against you, highlighting the flaws in the prosecutor’s case.
Furthermore, your Houston traffic lawyer houston might file motions to prevent certain individuals from testifying against you. Specifically, they may seek to exclude your Blood Alcohol Content (BAC) results from evidence if there are grounds to argue that the breath test machine was malfunctioning or that the officer administering the test lacked proper qualifications or training.
Alt text: Exterior view of the Harris County Criminal Courthouse in Houston, Texas, where DWI cases are often heard, emphasizing the location relevant to a traffic lawyer houston.
Is DWI a Felony in Texas? Understanding the Severity
In Texas, the penalties for DWI escalate with repeat offenses. A first DWI conviction is classified as a Class B misdemeanor, while a second becomes a Class A misdemeanor. A third DWI conviction is elevated to a third-degree felony. Moreover, even a first-time DWI can be charged as a felony in Texas if aggravating factors are present. These factors include driving while intoxicated with a child passenger under 15 years old, or if your impaired driving results in a car accident causing serious bodily injury to another person.
If convicted of DWI with a child passenger, you could face state jail time ranging from 180 days to two years, along with a fine of up to $10,000. In cases involving serious bodily injury due to intoxicated driving, a conviction can lead to imprisonment for 2 to 10 years, a fine of up to $10,000, and community service ranging from 160 to 600 hours. If you are facing felony DWI charges in Texas, the fear and uncertainty about your future are understandably immense. While misdemeanor DWI charges carry serious consequences, the penalties associated with a felony DWI conviction are significantly more severe. Having a seasoned Houston traffic lawyer houston by your side becomes even more critical in these high-stakes situations, significantly improving your chances of a more favorable outcome.
Getting the Right Legal Help in Harris County for Criminal Charges
Whether you are facing misdemeanor or felony DWI charges in Texas, the potential repercussions are substantial and life-altering. Questions like “How much does a traffic lawyer houston cost?” and “Where can I find the best criminal defense attorney near me?” are likely weighing heavily on your mind. You undoubtedly have numerous other questions regarding the charges against you and the legal path forward. Your primary objective, and the shared goal of your experienced traffic lawyer houston at Sullo & Sullo, will be to minimize the long-term consequences and, when possible, avoid a criminal record and jail time in Harris County.
Navigating criminal charges can drastically change the course of your life. Therefore, mitigating the long-term impact is paramount. You need a traffic lawyer houston who can provide clear answers and develop a robust defense strategy tailored to your specific situation. Finding the right Houston traffic lawyer houston can feel overwhelming amidst the stress of criminal charges. However, consider that Sullo & Sullo was recognized as the #1 Best Lawyer in Houston by Yelp in April 2019. The proven track record and positive outcomes achieved by a law firm for others facing similar challenges are vital factors in choosing your traffic lawyer houston. No matter the severity of the charges, from misdemeanor to felony, having the most experienced Houston traffic lawyer houston from Sullo & Sullo advocating for you is essential. Contact Sullo & Sullo today to discuss your case and explore your legal options.
Alt text: Professional headshots of Sullo & Sullo attorneys, representing a team of experienced traffic lawyers houston, ready to defend clients in DWI and other traffic-related cases.
