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A pleasant night out can become a nightmare if you are pulled over and arrested for DWI. The legal limit is .08 BAC (blood alcohol concentration). If you are above the limit, or law enforcement believes you are exhibiting driving behavior due to intoxication, you will be charged. DWI offenses are common, but can be complex to resolve. Rather than pleading guilty, you have the right to fight the charges in court.


Attorney James Alston is committed to defending you against any driving while intoxicated charge in Texas, including:

  • DWI
  • Intoxication assault
  • Intoxication manslaughter

If you have been charged with a DWI then you will need an experienced Houston DWI lawyer on your side.

DWI Penalties in Texas

The penalties for DWI in Texas will have a long term impact. Not only will you face fines and loss of the right to operate a vehicle, the conviction will appear on your permanent criminal record, revealed when anyone performs a background search, whether a prospective employer, relationship partner, or other person. Penalties imposed include:

First Conviction:

  • Fines up to $2,000 and up to six months in jail.
  • License suspension, up to two years.
  • Payments every year, ranging from $1,000 to $2,000 to retain the right to drive.

Second Conviction:

  • Fines up to $4,000 and up to one year in jail.
  • License suspension for up to two years.
  • Fees every year, from $1,000 to $2,000 to retain your license.

Third Conviction:

  • Third degree felony.
  • Lose the right to own a firearm.
  • Lose your license up to two years.
  • Fines up to $10,000.
  • Up to 10 years in prison.
  • Fees up to $2,000 each year for three years once your license is restored.

Fourth Conviction:

  • Second degree felony.
  • Mandatory counseling and DWI classes.
  • Installation of a device in your car (that you pay for) to prevent you from driving if you have consumed alcohol.
  • Prison time up to 20 years.
  • Fines up to $10,000.
  • Lose your license for up to 2 years.
  • Fees up to $2,000 for up to three years.

Defending DWI Charges in Houston

Attorney James Alston can help you seek to avoid conviction for DWI. While you may believe your case has little hope, it may surprise you that many cases are dismissed. The factors that can lead to a “not guilty” verdict, or a dismissed charge include:

  • Faulty testing device.
  • Incorrect testing procedure.
  • Violations of your civil rights when pulled over – lack of probable cause.
  • Violations of police procedure.
  • Errors in chain of custody of evidence.
  • Errors in laboratory procedures.

Why Call Attorney James Alston?

If you cannot afford a conviction for DWI, you need to retain a highly-skilled, experienced criminal defense attorney. James Alston is recognized as being among the most experienced, talented, and qualified criminal lawyers in Houston, with experience beyond the ordinary, including:

  • Former Harris County prosecutor.
  • Board-certified as a specialist in criminal law.
  • Will not turn you over to an associate – will work directly with you.
  • Uses advanced investigatory procedures to reveal flaws in the case against you.

Defense Against DWI Charges in Houston

Driving while intoxicated is a serious crime that can affect many aspects of your life. We all depend on driving as a means of living in society and being charged with a DWI can have serious consequences. You can lose your license and driving privileges, experience higher insurance costs, suffer ongoing license penalties and not to mention the distinct possibility of criminal punishment.

You’ve seen the billboards and advertisements .. . “Drink, Drive . . . Go to Jail” . . This is not the law. You can drink alcohol and then drive; however, the law is that you cannot drive while you are intoxicated. The prosecutor charging you with DWI must prove beyond a reasonable doubt that you were driving a motor vehicle and while under the influence of some intoxicating substance, one of the following happened:

  • You lost the normal use of your mental faculties
  • You lost the normal use of your physical faculties
  • You possessed a blood or breath alcohol concentration of .08 or greater

Contact the Law Office of James Alston for Help.

If you are facing charged for DWI or DUI, contact the Law Office of James Alston at once. The early stages of your case can offer some possibilities for getting your case dismissed or charges reduced. Don’t take risks when facing charges for drunk driving in Houston. Call at once for a case evaluation and help from a criminal lawyer who knows the justice system from both sides.

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