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Don’t Let A DWI Spiral Out Of Control

A trooper pulls you over on your way home from a night with friends or family. You are asked to do field sobriety tests. Should you? The trooper arrests you for DWI, and now, weeks later, your license is suspended. You try to get answers from DPS, but the lines are long, so are the hold times, and the clerks are not as helpful as they should be. Should you press on without representation? The truth is your life is more complicated following a DWI charge.

Things will get even more complex if you get a conviction. Not only will you have a permanent criminal record, affecting how law enforcement treats you in the future, but other areas of your life will be affected as well. A DWI conviction affects your chances at a new or better job and how creditors see your applications and may affect admissions decisions for college and graduate school. An experienced DWI lawyer will advise you of the pitfalls ahead and future problems you may face and will guide you through the landmines lying in wait for you. The DWI lawyers at Griffin, Cain & Herbig, Attorneys at Law, PLLC are experienced, knowledgeable, resourceful and ready to help you. Many like you have come to our offices facing the same problems you face.

Whether or not you think there’s any chance of beating the charges, you should not go it alone. Our outlook is to look for the best resolution of the case possible given the circumstances, and that starts with our free consultation and appraisal of the case against you. We proudly serve many areas in and around Montgomery County, Texas. Call us and set up your free consultation today.

Texas DWI Law

In Texas, there are two ways the state can prove intoxication. The first is well known: at .08% blood alcohol content, you are intoxicated, and it is an offense to drive at or above that level. The second is less well known: when a person loses the normal use of his or her mental or physical faculties because of drinking alcohol, they are also intoxicated.

This second way for the state to prove intoxication highlights the importance of roadside tests for law enforcement. Knowing that there are two ways the state can show intoxication is important for any person and is critical to know if you are suspected of DWI. Our DWI lawyers will explain how the prosecution will use these two standards against you.

Other DWI Proceedings: Automatic License Revocation

The ALR process begins well before your case will be decided in a criminal court and is not a criminal proceeding. ALR is a civil case handled in a small court that meets regularly specifically for these hearings. The issue is not whether you are guilty of DWI, but rather whether the officer had both reasonable suspicions to make a traffic stop, and whether there was probable cause to make an arrest for suspicion of DWI. These are low standards, and the hearing to determine these issues is short.

Immediately after the arrest, you have 15 days to request a hearing. If no request is sent during this 15-day period, no hearing will be held, and DPS may suspend your license. Our attorneys will attend your ALR hearing, and protect your rights.

Possible Punishment For A DWI Conviction

For a first offense:

  • Fine of no more than $2,000
  • Up to 180 days in county jail
  • Drivers license suspension for up to one year
  • Surcharge payment to DPS of $1,000 or $2,000 for 3 years to retain TXDL

For a second offense:

  • Fine of no more than $4,000
  • Up to one year in the county jail
  • Drivers license suspension for up to two years
  • Surcharge payment to DPS of $1,000, $1,500 or $2,000 for 3 years to retain TXDL

For a third or more DWI offenses:

  • A possible enhancement to a third-degree felony or greater


Currently, deferred adjudication is not available as a possible punishment for DWI. However, probation is available, and may be imposed through a plea agreement or should a conviction result from trial. Probation allows an offender to avoid lengthy periods of confinement in county jail or prison, in the case of a felony conviction.

While on probation, the offender will be required to do several things, including visits with a probation officer and monthly payments to county collections. Many other requirements will also be imposed on an offender who receives probation, the most important being the prohibition of committing another offense. If an offender does not abide by the terms of probation, the court may sentence the offender to time in county jail or prison.

The Penal Code – DWI And Other Intoxication Offenses

  • Intoxication – Definition
  • Public intoxication
  • Possession of alcoholic beverage in a motor vehicle
  • DWI
  • DWI with a child passenger
  • Flying while intoxicated
  • Boating while intoxicated
  • Assembling or operating an amusement ride while intoxicated
  • Intoxication assault
  • Intoxication manslaughter

If you have been charged with DWI or any other intoxication crime, our attorneys can help protect your rights. Contact our office by calling 281-524-6979 to set up a free consultation.