713-224-4040

"If you need my help, call my office today for a free consultation, I will personally sit down with you and we can figure out what the best course of action is for you."

VIDEO LEARNING CENTER

DWI BLOOD TESTS
Are blood tests more accurate than breath tests? Blood tests are not always reliable.

About David Breston
The Breston Law Firm has handled over 4,000 cases and has been helping people in Texas since 1987. Watch this video to find out more about our firm

CHOOSING A DWI LAWYER
Learn how to choose a DWI lawyer and the importance of choosing an experienced attorney.

DWI PENALTIES
A Texas DWI charge can cost you to lose your license, you face fines and may cost you your job.

DWI/DUI CHARGES
Have you been charged with Driving While Intoxicated (DWI)? Watch this video by David Breston explaining how he may be able to help you.

DWI BREATH TESTS
Should you refuse a breath test if you are pulled over for DWI in Texas? Watch this video to learn.

Drunk Driving Information

In 2001, more than 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. Police and highway patrol officers are cracking down on drunk drivers with increasing frequency as a result of influence from groups like MADD and public outcries in general. If you find yourself at the center of this crackdown, you need an experienced drunk driving attorney to represent your interests and work toward the least restrictive outcome possible.

Many states have now lowered the legal blood alcohol concentration (BAC) limit from .10 to .08 percent for adults, and more than a dozen states have passed Zero Tolerance laws that prohibit drivers under twenty-one years old from having any measurable amount of alcohol in their blood system. As the legal limits decrease, so do your chances of being charged with drunk driving if you choose to drink and drive. If you've been arrested for drunk driving, you need the skill and expertise of an experienced drunk driving attorney to see you through the complicated legal maze that awaits you.

In recent years, the penalties for drinking and driving have increased, especially for repeat offenders. Many state legislatures have passed laws requiring mandatory jail time for subsequent drunk driving convictions, and some states prohibit plea bargaining in drink driving cases. The fines have become steeper, the license suspension periods have become longer, and getting a "hardship" license that permits travel to and from work has become more difficult. If you've been charged with drunk driving, you need the help of an experienced drunk driving attorney so that, in view of these ever-harsher penalties, you can work as a team toward the best possible outcome.

Fines and possible imprisonment may seem like the scariest part of a drunk driving charge, but the effects of a conviction can actually reverberate into the offender's life in other lasting and insidious ways, too. In some cases, the offender may have to forfeit his or her vehicle, for example, and in nearly all cases the offender has to give up his or her driver's license, at least temporarily. Without a license, it may be impossible to find or keep a job, or to take care of a family's needs. And auto insurance can be hard to get and extremely costly after a drunk driving conviction. A lawyer experienced in drunk driving law can explain all of the potential consequences and work hard to minimize the long-term effects of a drunk driving charge.

Being pulled over by the police and ending up charged with a DWI can be a nasty end to an otherwise fun evening. Anybody can get a DWI – all it takes is a mistake in judgment – but the long-term effects can be harmful well past the end of any probationary term or jail sentence.

At the David A. Breston Law Office, located in Houston, Texas, we feel that most, if not all, DWI cases should be fought all the way to trial. In most cases, a plea agreement will not give you a significantly better sentence than what you would receive by going to trial.

And there are many issues that can be raised – from whether the officer had a valid reason to stop you to whether the field tests were administered properly to whether proper arrest and formal testing procedures were followed. In addition, we handle the administrative license revocation hearings, helping you to retain your driver’s license if possible.

We handle cases in Houston, Richmond, Angleton, Galveston, Conroe, Anahuac, Liberty, Beaumont, Hempstead, and Huntsville, and in the counties of Harris, Fort Bend, Brazoria, Galveston, Montgomery, Chambers, Liberty, Jefferson, Waller, and Walker. We can help make a difference in your case.

Defending clients charged with DWI/DUI in the state of Texas. Call today. (713) 224-4040
Or
Toll-free 1-888-220-4040

Overview of the Crime of Drunk Driving

Each US state has its own set of drunk-driving laws, but there are certain concepts and features common to most states' drunk-driving jurisprudence. Basically, as we all know, it is illegal and a crime for a person to operate a motor vehicle after consuming alcohol and/or drugs to a degree that impairs his or her safe driving ability and judgment. Both criminal and civil penalties for drunk driving can be harsh and often include:

  • Loss or suspension of license
  • Large fines
  • Substance-abuse treatment
  • Jail or prison time
  • Community service
  • Restitution
  • Criminal record
  • Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses

In addition, the social stigma and effect on your career may have lifelong negative consequences.

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The Role of Probation in Drunk-Driving Sentencing

Probation is by far the most common sentence for people convicted of drunk driving, especially for first-time offenders. Probation is a criminal sentence served in the community, rather than in jail or prison. Most states limit terms of probation to a maximum of five years. If you are facing a drunk-driving charge, an experienced lawyer can assist you with your defense and, if necessary, advocate for a fair sentence.

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The Prosecutor's Role in a Drunk-Driving Case

Prosecution refers to the government's role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government's case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states' attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.

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Reliability of Breath-Test Results in a Drunk-Driving Case

In every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation.

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The Impact of a Drunk-Driving Conviction on Your Auto Insurance

An alcohol-related car accident and subsequent drunk-driving conviction can bring many negative consequences into your life, possibly including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your drivers license, attorneys fees, restrictive probation and others. If you are arrested for or charged with drunk driving, a criminal-defense lawyer can advise you about your legal rights and help you fight the charges.

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Drunk Driving/DUI Resource Links

About.com: Alcoholism and Substance AbuseLinks to articles and resources about drunk driving.

Impaired Driving Division - National Highway Traffic Safety AdministrationNHTSA's Impaired Driving Division provides information and resources on drunk driving from a legal and social viewpoint and with a goal of prevention.

Insurance Institute for Highway Safety
Link to informational chart about the drunk-driving laws of all 50 states plus the District of Columbia.

Center for Disease Control (CDC) - Impaired DrivingFacts, data, publications and other helpful information involving impaired drivers.

The Century Council
A not-for-profit organization dedicated to fighting drunk driving and underage drinking.

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When your future is at stake, it is important that you enlist the
assistance of a DWI defense lawyer who not only understands
your situation but also has a thorough knowledge of the drunk
driving (DWI) laws and procedure in Texas. Mr. Breston
devotes himself to examining all aspects of your case in
order to construct the strongest possible defense on your
behalf. Let him conduct an investigation and determine the
best way in which to pursue a resolution to your situation.



as soon as possible for a free consultation.
He can help you fight for your rights.

Serving clients throughout Texas, including Houston, Galveston, Angleton, Pearland, Alvin, Sugar Land, Clear Lake, Conroe, Pasadena, La Porte, Missouri City, Texas City, Friendswood, Richmond, Rosenberg, Corpus Christi, Brownsville, San Antonio, Laredo, Austin, San Marcos, Dallas, Denton, Plano, Lubbock, Midland, Anahuac, Beaumont, Hempstead, Huntsville, Liberty, The Woodlands, Humble, Tomball, League City, Bellaire, Deer Park, and Katy and other communities in Harris County, Brazoria County, Fort Bend County, Montgomery County, Galveston County, Chambers County, Liberty County, Jefferson County, Waller County, and Walker County.