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Helped Thousands of Clients

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.


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.

Tailored Approach to Your Case

I am not afraid to think outside the box when it comes to the best possible representation for my clients. This kind of creativity can make all the difference in the outcome of your case.


I am not afraid to think outside the box when it comes to the best possible representation for my clients. This kind of creativity can make all the difference in the outcome of your case.

Experienced Trial Attorney

Experience is the foundation of success. But I don't just lean on experience, I also employ credibility, civility and confidence when defending my clients.


Experience is the foundation of success. But I don't just lean on experience, I also employ credibility, civility and confidence when defending my clients.

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Texas Criminal Defense Attorney



Have you been arrested in Texas? The threat of an arrest and the impending criminal conviction in Texas can be one of the most terrifying experiences of your life. Being charged with a crime can have a lifelong impact on your relationships, your career, and your integration back into society. Hire a Houston criminal defense attorney who will protect your rights, freedom and business.

After an arrest in Texas, the Law Office of David A. Breston is on your side. With decades of experience and a reputation for success, our Texas criminal defense lawyers are committed to giving you and your case the attention it deserves.

If you or a family member has been arrested for a criminal charge in Texas, time is of the essence. Please contact us as soon as possible to discuss your case and see how we can help you get the best possible outcome.

Experienced & Aggressive Criminal Defense Attorneys You Can Count On

At the Law Office of David A. Breston, our lawyers have a unique mix of experience, knowledge, and compassion to help you through any potential criminal convictions.

  • Our staff of expert defense attorneys and associates have decades of combined legal experience successfully fighting for our clients in the courtroom. We have intimate knowledge of the trial process, understanding how to utilize our firm’s resources for your needs.
  • We give you the personalized attention of a boutique firm with the resources and connections of a major law office. This allows us to work with you closely and listen to your needs and concerns, while simultaneously enabling us to utilize our resources to help you in the best way possible.
  • We have a reputation for excellence and satisfaction, serving more than 4,000 clients since the firm was founded in 1997, and amassing top ratings from multiple social media platforms.


The criminal justice system in Texas is in place to punish people who break the law. Unfortunately, people and situations are much more complex than the courts make them out to be. You may face a compelling case by the prosecution that could land you a hefty sentence, even if you did not commit the crime. Those guilty of certain crimes may have a lighter sentence.

Our top lawyers have extensive experience and over 20 years of trial experience and top ratings on Google, Yelp, AVVO and Facebook, we will provide you with compassion, dedication and personal legal advice and expertise when you need it most.

If you are facing criminal accusations in Harris County, Montgomery County or Galveston County, including shoplifting, DWI charges, felony charge, sexual assault, and immigration violations, the Law Office of David A. Breston is here to help. Our Texas defense attorneys know how to approach your case and will fight for your side of the story. Contact us today to learn more about how our law firm can protect your rights while facing the Texas criminal justice system.

Additional Texas Criminal Defense Resources & Information

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Have You Been Arrested in Texas? Contact David A. Breston Today at (713) 224-4040!

If you or a loved one has been arrested by a member of law enforcement, it’s important to remember that you have rights – even before you are formally arrested. In the state of Texas, probable cause isn’t enough to arrest someone without a warrant – the person must also fulfill other circumstances.

Why Do You Need a Criminal Defense Attorney?

If you are under the intense pressure of a potential criminal conviction, it may be tempting to either use a court-appointed defense attorney or represent yourself in any proceedings. However, this can be ill-advised.

Even cases that are seemingly simple can prove troublesome to someone without much knowledge or experience in law. Additionally, court-appointed defense attorneys are often too busy and overloaded with other casework to give you the time and attention you deserve.

This is why it is crucial to seek out a criminal defense attorney in Texas who can give you personalized attention and fight for your needs. A proper attorney with established experience in criminal defense can give you the attention, resources, and legal know-how necessary to help successfully defend you from any potential criminal charges.

What to Do After an Arrest in Texas

It is highly recommended to take the following steps during and after you’ve been arrested in Texas

  • Stay calm. Recognize that this is a high-stress situation for both you and the police officers tasked with arresting you. By staying calm, you prevent the situation from potentially escalating.
  • Comply with all orders. Listen to any orders the law enforcement officers give you and follow them as well as you can – even if you believe the arrest was unfair or unwarranted. Failure to comply with police orders can result in additional criminal charges and potential injury.
  • Remain silent. Do not answer any questions the police may ask, and do not offer any information. Law enforcement can use whatever you say against you in court. For example, any testimony that is even minorly conflicting can be used to question your character as a potential suspect.
  • Contact an attorney. Continue to remain quiet until you retain the services of a defense lawyer. You have a right to remain silent until you have legal counsel by your side.

Following this general order can ensure that complications and other additional stresses are kept at a minimum.

Building a Defense in Texas

Being accused of a crime can change your life forever. If you are under criminal investigation or charged with a serious offense, you need an experienced lawyer who will fight for your rights. The attorneys at the Law Office of David A. Breston are here to make sure you get the best possible representation. We are recognized throughout Texas for excellence in all aspects of criminal defense. We have a long history of success in complex state criminal law. State crimes often include minor drug crimes, shoplifting, and DUI/DWI.

Although federal criminal investigations and prosecutions make big headlines, most criminal cases fall under state law and are tried in the courts of the state where the offense is committed. While there is considerable commonality from state to state, significant differences exist:

  • Categories of crimes
  • Sentencing guidelines
  • Mandatory minimum sentences
  • Court rules and procedures
  • Death penalty availability

Defining a State Offense

The basic difference between federal and state criminal offenses is that a federal offense violates federal law and a state offense violates state law. In some cases, however, federal and state laws cover the same area of criminal law. Federal and state laws can coexist because they are in agreement, but if a state law contradicts federal law, the federal law generally trumps the state law in the interest of the national welfare.

In other areas of criminal law, the federal government has exclusive power to regulate, enforce, and prosecute alleged crimes. These matters often involve interstate commerce, national security, and federal programs. This is why most alleged white-collar crimes, such as credit card fraud, tax evasion, and welfare fraud, are prosecuted in federal courts.

State criminal laws generally cover any area of criminal law not exclusively reserved by the federal government. This means that most crimes in Texas against a person or property are state crimes, including homicide, sex crimes, robbery, burglary, and domestic violence.

But if a crime crosses state lines, it may still fall under federal jurisdiction. For instance, most drug offenses are handled in state courts, but drug trafficking is a federal crime; likewise, many sex crimes become federal crimes if the alleged victim is taken to another state.

In some cases, a crime walks the line between a federal and state offense. For example, graffiti is a state or local offense. However, if a person allegedly tags a federal building or vehicle, such as a courthouse, post office, or mail truck, the offense could be charged as a federal crime. Our Texas criminal defense attorneys will do everything they can to keep close cases in state courts, thus avoiding the possibility of a federal prison sentence.

Misdemeanors in Texas

Misdemeanors are often handled within the state and are not a federal crime. A crime is considered a misdemeanor if the maximum possible sentence is a year in the county jail or less. Misdemeanor crimes are less serious than felonies, but misdemeanor offenses can still be serious matters.

Still, all misdemeanor charges can show up on a background check. And, when someone is confronted by misdemeanor crimes, the end results are quite often negative.

Our experienced Texas defense attorneys will help you get through any situation, however, advising you about your rights and which misdemeanors can or cannot be elevated to a felony, so you know where you stand, according to misdemeanor laws. In some cases, you can have your misdemeanor expunged from your record.

Criminal Law & DWI FAQs

In most states, it’s illegal to drive a car while “impaired” by the effects of alcohol or drugs (including prescription drugs). The legal drinking limit in Texas is 0.08, any driver over the legal limit faces severe penalties.

This means that there must be enough alcohol or drugs in the driver’s body to prevent him from thinking clearly or driving safely. Many people reach this level well before they’d be considered “drunk” or “stoned.” If you were arrested for driving under the influence of alcohol in Texas, call the Law Offices of David A. Breston today for a free consultation (713) 224-4040.

How can the police find out whether a driver is under the influence?

Police typically use three methods of determining whether a driver has had too much to be driving:

  • Observation. A police officer will pull you over if he notices that you are driving erratically — swerving, speeding, failing to stop or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements.
  • Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heel-to-toe or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication. If you fail these tests, the officer may arrest you or ask you to take a chemical test.
  • Blood-alcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood or urine test — others do not. If you test at or above the level of intoxication for your state (.08 to .10 % blood-alcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver’s alcohol levels are based on breath or urine tests.

Do I have to take a blood, breath, or urine test if asked to do so by the police?

No, but it may be in your best interest to take the test. Many states will automatically suspend your license for a year if you refuse to take a chemical test. And if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn’t take the test, which may lead the jury members to conclude that you refused because you were, in fact, drunk or stoned.

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Misdemeanor Possession of Marijuana (POM)

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Felony Possession of Controlled Substance (PCS)

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Felony Possession of Controlled Substance (PCS)

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Felony Possession of Controlled Substance (PCS)

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David Breston

At the Law Office of David A. Breston, we strive to craft creative strategies to help our clients in their criminal defense cases in Houston. We have some of the best lawyers in Harris County, and our job is to protect your rights, guide you through the criminal justice system, and level the playing field between you and the prosecution.

Our criminal defense attorneys are knowledgeable of the Texas justice system and have a solid reputation in our field. We have the resources and the expert network necessary to help you build a stronger defense than with a court-appointed attorney. Our firm strives to provide open and honest communication to you from the beginning of your case to the end, helping you manage the stress of a criminal trial.

If you need a defense attorney to represent your criminal case after serious charges, choose the Law Office of David A. Breston. Contact us today to schedule your free consultation at our Houston office and to learn more about your legal options. Our law firm is bilingual in both English and Spanish.

During the COVID-19 crisis, Law Office of David A. Breston is fully operational and we can help you by phone, video or in-person when needed! Call us at (713) 224-4040. Close