Houston DWI Attorney

At the David A. Breston Law Office in Houston, we aggressively defend DWI and DUI charges both in court and at DMV hearings by carefully strategizing with our clients to develop a top-notch defense. We believe that everyone deserves the right to fair and equal representation, regardless of the crime. We investigate why the police stopped your car, how you performed on the field sobriety tests (FST’s) and whether the breathalyzer had any history of malfunctioning.

We specialize in developing successful defenses to DWI charges by utilizing the science behind blood-alcohol and our specialized knowledge of proper police procedure during a DWI arrest. About every 20 minutes in Texas, someone is hurt or killed in a crash involving alcohol. However, not everyone who is facing DWI charges acted with criminal intent. A simple lapse in judgement can have a lifetime of consequences, including a loss in reputation, costly fines, suspension or revocation of your driver’s license, increased auto insurance, the placement of an ignition interlock on your car, or even time behind bars.

Hire a Houston DUI Defense Attorney Who Will Fight on Your Behalf


If you or a loved one has recently been arrested for a DWI or DUI in Houston or Harris County, we want you to know that we are here to help. We understand how stressful being arrested for a DWI can be and our Houston DWI defense attorney is 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. Contact David A. Breston or call (713) 224-4040 for a free consultation.

Penalties For Driving While Intoxicated in Houston

In Houston, the penalties associated with a DWI depend on your age, license type (commercial or operator, for example), whether or not you had passengers in the vehicle, and if anyone else was injured. Here’s the breakdown:

First offense DWI in Texas:

A first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver license suspension of 90 to 365 days. (Class B Misdemeanor).

  • Up to $2,000 in fines
  • 3-180 days in jail
  • Suspending your license for up to 2 years
  • Additional surcharges of $2,000 per year for keeping your license
  • Education programs

DWI in Texas 2nd Offense:

The maximum fine increases to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver license suspension ranging from 180 days to 2 years. (Class A Misdemeanor).

  • $4,000 in fines
  • 30-365 days in jail
  • Suspending license for up to two years
  • Surcharges of $2,000 per year to keep your license (up to three years)

DWI in Texas 3rd Offense

  • $10,000 (maximum) in fines
  • 2-10 years in a state prison
  • License suspension of up to two years
  • Surcharges of $2,000 per year for three years
  • Education programs

DUI Arrests in Texas (2010-2016)

Data released by the Texas Department of Public Safety shows there has been a steady decrease in the amounts of DUI arrests in Texas. Of the 62,327 people arrested in Texas in 2016 for a DUI, only 0.2 % were juveniles and 77.7 % were males. 87.6% of arrests were of White descent and 10.5% were Black. According to the department, the remainder of races 53.1 % were not Hispanic and 46.9 % were Hispanic. The age group with the highest number of DWI’s were the 25 to 29 year-old group.

Houston DUI Lawyer

What Is a DWI in Texas?

According to the Texas Penal Code 49.04, a DWI refers to someone who is driving while intoxicated. Texas uses your Blood Alcohol Concentration (BAC) to determine whether or not someone is too intoxicated to be operating a vehicle. The established BAC limits are 0.08% for anyone 21 or older, 0.04% for drivers of commercial vehicles, or any detectable amount for those under 21.

The National Highway Traffic Safety Administration estimates that it takes a 180-pound man approximately four drinks to reach a BAC of .08. It also says that alcohol metabolizes at an approximate rate of BAC dropping .015 an hour, but these numbers vary on an individual basis.

A DWI is the most common alcohol-related offense, but you can also be charged with other crimes involving your vehicles. It’s illegal, for example, to have an open container of alcohol in your passenger area, even if you’re parked. An open container is considered a class C misdemeanor and is punishable by a $500 fine, but a DWI/open container combo is a Class B misdemeanor that carries a minimum of six days’ jail time.

Some examples of impaired driving include:

  • Driving too close to the vehicle in front of you
  • Driving too slow or fast
  • Almost hitting someone or something
  • Making a wide turn
  • Narrowly turning a corner
  • Inconsistent braking
  • Not making a complete stop when you go right at a light or stop sign

For more FAQs and Facts on DUI Law Click Here.

Texas Statutes for Drunk Driving Charges

Every state has multiple laws on the books that offer a breadth of punishments for persons who are convicted of driving while intoxicated. These penalties usually include a combination of jail or prison time, fines and the loss of driving privileges. In some cases it may require a person to wear a tether or perform community service of some type. Under different circumstances, the convicted individual may be given an adjudicated sentence or probation. Let us consider the more common sentences for those who are found guilty of drunk driving in Houston.

In general, Texas lawmakers are inclined to lean towards the belief that severe punishments should be in place to deter drunk driving. Unfortunately, the truth is that this state leads the nation in drunk driving fatalities and our local Harris County is number one for drunk driving deaths in the state. This is sobering news for lawmakers who are not pleased to hold this record. So prosecutors and law enforcement continue to develop more statutes and programs with the hope that something will help us lose this unpleasant distinction.

Developments of The Statutes

For instance, a first-time conviction for drunk driving can carry with it a jail sentence of up to 6 months and a hefty two thousand dollar fine.

The guilty person’s license can be suspended for up to one year. Be aware that a person who was found guilty of driving while intoxicated with a child in their car can face up to two years in prison and a ten thousand dollar fine. This is a much more severe set of penalties than any of our neighboring states have on their ‘books’. For instance, in one state the fine for the conviction is only one thousand dollars and jail time may be as minimal as a month. In yet another bordering state both the fine and jail time amount to a quarter of those in Texas. However, all include various and sundry surcharges and exceptions.

A second drunk driving conviction in Texas will result in stiffer punishment including a doubling of the fines and the requirement that an ignition interlock device be installed in the guilty person’s vehicle. A third conviction does not appear to be much different.

The legal limit at which a person is considered intoxicated is ‘0.08’ in the state of Texas and across the country. Commercial truck drivers are considered intoxicated if their blood alcohol content is ‘0.04’ or half of private drivers. Drivers under the age of twenty-one are prohibited from drinking at all.

Usually in the excitement of getting a driver’s license most people are not aware that in the state of Texas it comes with what is called ‘implied consent’. It may not seem important until you are pulled over for a suspected DWI and then asked to agree to a blood alcohol or chemical test to validate the presence of drugs or alcohol. To refuse this test means the state would automatically suspend your driving privileges. Don’t drive drunk.

Penalties for Driving While Intoxicated


  • Statistics show that the number of convictions for first-time offenders of DUI laws is fairly high but a sentence of probation usually accompanies it. One reason for this may be the results of a study done by the U.S. Justice Department. Their findings revealed that convicted drunk drivers are much more likely to seek out support programs to address their drinking and driving issues if they receive a probationary sentence versus incarceration.
  • Often in the case of probation, the judge will be stern in his (or her) warning to the defendant about repeating any appearance before them in the courtroom for any future, similar events – but then show a measure of leniency in the sentencing itself. The defendant may be required to pay hefty fines but be given probation.
  • Probation is a sentence that allows for the convicted person to remain free of incarceration as long as they follow rules and regulations stipulated by the court. Probation is offered in lieu of jail time at the discretion of the judge but should a person disregard the probationary requirements they can be taken into custody and confined for a period of time.
  • While probation is the most sought after sentence by defense lawyers and their clients (short of an acquittal of all charges) because it is the least restrictive the courts also benefit from this choice as well. The cost of housing an individual in county facilities is becoming prohibitive and the court system is looking for less costly alternatives to punishing persons who are not considered (in general) to be a threat to society.
  • Probation is still a form of punishment, however; it’s just punishment that one serves outside a prison cell. It is meant to be rehabilitative but not in the same way as incarceration. Persons who receive probation may be required to attend alcohol education classes or Alcohol Anonymous meetings. Be guaranteed that you will be asked to pay fines and fees and your driving privileges may be suspended or revoked for a period of time.
  • They may also be compelled to perform some type of community service. This could include such things as speaking to other persons about the dangers of drunk driving or visiting victims of drunk driving accidents and/or their family members so that the convicted drunk driver has a first-hand and up-close look at the consequences of the behavior. This is considered to be more profound, life-altering and effective deterrent to future drunk driving than any jail sentence could elicit.
  • Finally, you will be scheduled to meet regularly with a probation officer. This may happen at the courthouse or other social services facility. The probation officer will have separate requirements and expectations of you throughout the probationary period and will weigh in at the end of the sentence. In order to ensure that your probation is successful attend all scheduled meetings with your probation officer and the courts and pay your fines on time.

Collateral Damages after a DWI

  • There are many unfortunate surprises that await a person who has been charged and/or convicted of driving under the influence of marijuana or driving while intoxicated. For the purposes of this entry we will refer to them as ‘collateral damages’. First the experience of being arrested is unpleasant enough but after you are arraigned and walk out of the jail you may find that your car was impounded – so you’ll have to get a ride home. Impound and towing fees can be quite hefty depending on the circumstances. Your license will be in suspension in short order so you must either hire a top rated Houston criminal defense lawyer at The Law Offices of David A. Breston or otherwise lobby the municipality to prevent this. You may or may not be successful in this endeavor. If you were arrested in Houston on a drug crimes charge, call us today to speak to our attorneys immediately.
  • Expect your insurance rates to skyrocket – and in many states your insurance company will be required to inform the state that they would be willing to continue to insure the driver. Too, if the person is looking for gainful employment a DWI conviction on your record may cause a prospective employer to reconsider their intent to hire you. If you are employed your current boss and company will need to be told (versus ‘finding out’ another way) and this is the type of incident that could prevent you from advancing in the organization among other things – and it may play a role if an organization begins to downsize as well. Finally, in some cases the employer may simply choose to fire you because of the liability involved with a convicted drunk driver.
  • In addition, most people don’t realize that a DWI conviction can wreak havoc with travel plans. There are a number of desirable locations that will no longer be available to a person who has been found guilty of driving while intoxicated. Our neighbor to the north of us is a great example. A DWI conviction or drug possession charge in the United States is a felony offense in Canada and according to their immigration laws, persons with a felony conviction are prevented from entering the country.
  • One of the choices at the disposal of the courts is to insist that the convicted driver install and maintain an ignition interlock device for a period of time. If this is required the addition costs could run into the hundreds or even up to a thousand dollars, there will be costs associated with the ticket itself as well as other court fees and fines.

Open Alcohol Container and DUI

  • DWI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Class B Misdemeanor).

DWI With an Accident

  • DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication: this crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3 rd Degree Felony).

DUI Involving Death

  • DWI where a death has occurred as a proximate cause of the intoxication: here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies).

DWI With a Child Passenger

  • DWI with a child passenger: A person commits a state jail felony if they drive while intoxicated and there is another person in the vehicle who is under 15 years of age. `Punishment for a non-enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.
  • In most DWI cases you will receive probation, but there is no guarantee that you will receive a probated jail sentence or fine. If you are convicted of intoxication assault and wish to receive probation, a minimum of 30 days in jail must be served as a condition of probation. If you are convicted of intoxication manslaughter you must serve a minimum of 120 days in jail. If you are convicted of Intoxication Assault or Intoxication Manslaughter and the court or jury finds that you committed the offense with a deadly weapon you may not be eligible to receive probation at all.

Zero Tolerance for Minors

  • Minors can be cited for violating Texas law if they are caught purchasing, attempting to purchase, possessing or consuming alcoholic beverages. Further, minors who consume any amount of alcohol and then drive a motor vehicle can be arrested or ticketed for illegal activity even where the minor is driving without being intoxicated. A person under 21 arrested for DWI will be treated differently mostly in regard to their driver license. Driver license restrictions and suspensions are more severe for a person under 21 arrested and convicted of DWI. A person who is under 21 will have a one-year suspension period even if they receive probation for a DWI. Thus, they may need a restricted driver license for one year.
  • Texas is considered a zero-tolerance state regarding minors and DWI. For DWIs, a minor is considered anyone under the age of 21. Remember, any amount of alcohol is considered grounds for a DWI. For your first time offense alone, you can expect to receive a license suspension for up to one year, up to $500 in fines, a 12-hour long alcohol education program, and the possibility for 90 days community service.
  • Even non-driving related alcohol offenses can affect your driving privileges as a minor. Acts like attempting to buy alcohol underage, having a fake ID, and public intoxication can result in license suspension of up to 30 days for your first offense, 60 for your second, and 180 for your third.

Other circumstances can also affect your maximum penalties. If you were driving with a child passenger, for example, you’ll automatically face $10,000 in fines, up to 180 days of license suspension, and two years in jail. Furthermore, if someone is gravely injured because you were operating a vehicle while intoxicated, you may be charged with intoxicated assault or intoxicated manslaughter, which is a second-degree felony. Contact the Houston DWI defense attorneys today at the Law Office of David A. Breston. DWI cases are highly complex, David Breston employs strategic and creative strategies to represent his clients.

David Breston | Your Houston DUI Defense Lawyer

Don’t hesitate to contact the Law Office of David A. Breston today if you or a loved one has recently been convicted of a drunk driving charge. Since 1997, David A. Breston has been serving Houston and helping represent those who are usually under-represented for criminal charges. Our firm will fight hard for your freedom and will do whatever it takes to ensure that you are our priority.




Him 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. John G.