The Woodlands DWI Lawyer

The Woodlands DWI Attorney

If you have been arrested for a DWI in Texas, you are facing serious and life-changing consequences. The Woodlands DWI lawyers at Surginer Stewart PLLC understand the severe penalties these charges carry, and can work to fight for your rights and future.

Why Choose Us?

Our criminal defense attorneys have three decades of combined experience representing clients who have been charged with a crime. We offer our clients personalized representation and clear communication from the moment we begin working on their DWI cases. Our team can ensure you are comfortable and protected while we handle your case.

Understanding The Woodlands DWI Laws & Penalties

Texas has some of the strictest driving while intoxicated (DWI) laws across the United States. In fact, the state ranks among the worst for drunk driving, with 42.37% of traffic deaths in 2023 involving drunk drivers.

Under Penal Code § 49.04, you can face a DWI charge if your blood alcohol content (BAC) is 0.08% or higher. Even if your BAC is below this limit, you could still be charged if your mental or physical abilities have been impacted by alcohol, drugs, or any combination of both.

The penalties for a Texas DWI can be severe and will increase with each subsequent offense.

First Offense:

• Fines up to $2,000
• 3-180 days in jail
• License suspension for up to one year

Second Offense:

• Fines up to $4,000
• 3 to 180 days in jail
• License suspension for up to two years

Third Offense:

• This becomes a felony charge
• Fines up to $10,000
• 2 to 10 years in prison
• A permanent felony record

On top of these consequences, if there are special circumstances, it could lead to enhanced DWI penalties. These include a DWI with a child as your passenger, accidents that caused injuries or death to another person, or a BAC of 0.15% or higher.

Potential Defenses for a DWI Charge

Several potential defenses may be available for your tailored defense strategy. A skilled DWI lawyer can thoroughly examine every aspect of your arrest and identify the weaknesses in the prosecution’s case. Some potential defenses include:

• Challenging the initial stop and arrest, including a lack of probable cause, or a potential illegal search or seizure
• Challenging the field sobriety test, including whether the test was flawed, you have a medical condition that affects your balance, environmental factors, or the officer misinterpreted the results
• Challenging the chemical test results, including whether the machine was properly calibrated or maintained, whether you had used mouthwash, or even if your body temperature was high
• Not being read your Miranda rights by the officer who arrested you
• Lack of due process
• Speedy trial violations
• Inconsistent officer testimony or video evidence

What To Do After a DWI Arrest in The Woodlands

When you’re arrested for DWI, the moments after will likely impact your case and your future. The right actions can protect your rights and strengthen your defense. You should take the following steps after an arrest:

Stay Composed and Polite

Your behavior and any statements you make during the arrest process can affect your case. You should remain calm and cooperate with the Montgomery County Sheriff’s Office.

Exercise Your Right to Remain Silent

While you are cooperating, remember you do not need to answer questions about your actions, what you’ve had to drink, or other details of your day. Politely decline to answer any of those questions. It is your Fifth Amendment right, and anything you say could be used against you in The Woodlands.

Remember Key Details

While they are still fresh, you should note important details about your arrest. This can include the time and location of the stop, any field sobriety tests that were administered, and your interactions with the officers. These details can be invaluable when building your defense strategy.

Contact an Attorney Immediately

Contact Surginer Stewart PLLC right away. It is important to have experienced legal representation from the start that can help protect your interests and begin building your defense. Our team can guide you through police questioning and ensure your rights are upheld throughout the process.

FAQs

Q: What Are the Penalties for a DWI in The Woodlands?

A: The penalties for a DWI in Texas depend on the case. A first offense typically means fines up to $2,000, 3-180 days in jail, and a driver’s license suspension up to a year. Subsequent offenses will escalate the penalties, with a third one becoming a felony and include fines of up to $10,000, 2-10 years in prison, and a license suspension up to two years. There may also be enhanced penalties if there are certain aggravating factors involved.

Q: What Happens After You Are Arrested for a DWI?

A: After you are arrested for a DWI, you will likely be taken to the police station for booking. You may undergo chemical testing, either breath, blood, or urine. It is important that you contact an attorney as soon as you can, and you should remember your right to remain silent. After this, you will then have an initial court appearance where you will either plead guilty or not guilty.

Q: Do I Have to Take a Breath or Blood Test?

A: When you drive on Texas roads, you give implied consent to a breath or blood test if you are arrested for DWI. While you do have the right to refuse, there are consequences. Your license will be automatically suspended for 180 days after your first refusal, and up to two years for subsequent refusals. Your refusal may also be used against you in court to imply that you are guilty.

Q: How Does a DWI Conviction Impact My Criminal Record?

A: In Texas, a DWI conviction will be on your permanent criminal record. This is visible to any current or future employers, landlords, and on background checks. This can have a severe impact on potential housing and employment prospects. These lasting impacts mean it is extremely important to have a skilled DWI attorney on your side to fight for your future.

Hire a DWI Lawyer in The Woodlands Today

You may be feeling stressed and uncertain about the future after a DWI arrest. At Surginer Stewart PLLC, we understand your emotions and are ready to protect your rights immediately. It is crucial to act quickly. The choices you make now may significantly impact the outcome of your case. Schedule a consultation right away to hire a DWI lawyer.