Facing intoxication charges is distressing, and a conviction can have a lasting impact on your ability to drive, work, and hold professional licenses.
What is an intoxication offense?
Intoxication offenses range from charges such as driving while intoxicated (DWI) to intoxication manslaughter. A conviction for an intoxication offense can lead to the loss of employment, reputation, and driver’s license, as well as large fines and possible prison time.
Powerful lobby groups such as Mothers Against Drunk Driving encourage a zero-tolerance attitude toward all intoxication offenses. As a result, consequences for these types of charges can be severe, including strict probation, prison time, and major fines. If a person was injured or killed as a result of an accident, punishments are even harsher.
Because of the influence of powerful interest groups, prosecutors avoid dismissing intoxication cases unless a skilled defense attorney leaves them no other choice. Judges fear being portrayed as “soft on crime,” and are strict when it comes to intoxication offenses.
Veteran Houston criminal defense lawyer Neal Davis understands what it takes to fight back when facing the serious charge of DWI.
How serious? A felony DWI conviction can mean a prison sentence. And even if probation is granted for a lesser DWI conviction, the rules of DWI probation may prevent you from driving your car for the length of probation.
Facing a DWI charge? As a DWI lawyer, I understand the intricacies of intoxication cases and how the laws vary depending on the situation. I take a thorough approach, investigating every detail to build a strong defense for each client.
I’ve achieved positive results for my clients, including professionals who depend on their licenses and those facing serious charges like intoxication manslaughter.
Here are some examples of how I’ve helped past clients:
for an executive whose breath test was equivalent to a blood alcohol level of over .08%
for student who drove wrong way down a street and hit another car, and whose blood-alcohol level tested over .08%
for a small business owner whose blood-alcohol level tested over .08%
for a professional whose blood-alcohol level tested over .08%
(grand jury refused to indict) in multiple intoxication manslaughter cases
for young professional charged with intoxication manslaughter
WARNING: If you have been charged with DWI, you only have 15 days after notification of a driver’s license suspension to request a hearing and challenge the suspension.
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Extreme punishments for DWI charges in Texas
Even “diversionary programs,” set up so first-time offenders take a program to avoid facing severe penalties, are now being limited as part of the government’s extremes in tackling DWI cases.
That’s right. Being able to take a productive 12-hour course on Texas’ DWI laws and how alcohol affects drivers is now less of an option.
Shouldn’t it be the reverse?
Instead, first-time DWI offenders now can face penalties including fines of up to $2,000, jail time of up to 180 days, loss of a driver’s license for up to two years, installation of an ignition interlock device when driving is allowed and an annual surcharge of as much as $2,000 for three years to retain a driver’s license.
Act quickly to retain right to drive
The Harris County District Attorney’s office has also vowed to aggressively prosecute DWI cases. Warning received. If you face such aggressive prosecution, you need an aggressive defense attorney to fight for your rights after a DWI arrest and charge.
That means taking quick and decisive action. Don’t wait until “the dust clears” to engage your DWI defense lawyer for Houston, Harris County, Montgomery County or Fort Bend County.
After all, immediately upon your DWI arrest, the clock begins ticking on what defensive actions you must take to avoid jail time and to protect your ability to drive.
For one thing, you have just 15 days from the date of your DWI arrest to seek an Administrative License Revocation (ALR) hearing with the Texas DPS (Department of Public Safety). If you fail to request an ALR hearing within 15 days, your driver’s license will be automatically suspended.
But requesting a license hearing is only the start. You need an experienced DWI lawyer to represent you at such a hearing and protect your right to drive while your DWI case is pending. At an ALR hearing with the Texas Department of Motor Vehicles, your DWI lawyer can challenge the pending administrative suspension of your driver’s license.
Being charged with an intoxication offense does not mean you are guilty, or that a jury will convict you. Neal Davis brings knowledge and expertise to vet law enforcement’s claims and counter the prosecution’s arguments.
Choosing a DWI defense attorney in Texas
When charged with an intoxication offense, it is crucial to consult a qualified attorney as soon as possible. Special factors in an intoxication case can include:
- Police procedures: Your lawyer will examine how the police conducted the investigation and searches, ensuring they followed proper protocol.
- Field sobriety & chemical tests: They’ll analyze the science behind field sobriety tests, breath or blood tests, and accident reconstruction, potentially challenging their accuracy.
- Negotiation & dismissal: Your attorney can explore opportunities to persuade the prosecutor to dismiss the case before trial.
DWI defense strategies: Protecting your rights
Your Texas DWI defense lawyer can also explore potential flaws in the arrest, especially considering the discretionary nature of many DWI stops. An officer’s opinion of your intoxication may not be enough for a strong case.
Beyond DWI: Activities like using a cell phone while driving can mimic signs of intoxication. While both are offenses, the punishments differ significantly.
A knowledgeable DWI defense attorney makes a difference
Neal Davis can leverage these factors and more to build a strong defense. Neal has a proven track record of helping clients achieve dismissals before trial or successful outcomes in court.
At the Neal Davis Law Firm, we are experienced in administering and evaluating the roadside sobriety tests that officers perform on those suspected of intoxication, and we know that the machines and tests used to determine blood-alcohol content can be faulty or produce unreliable readings that are inadmissible in court.
What others say
“This Montgomery Courtroom had not seen a Not Guilty verdict in 2 years. My verdict on 8/22/2016 was Not Guilty after a tough trial. My best advice is on legal matters look for excellence. From the very beginning my wife and I noticed the difference with Neal service, experience showing to us the plan forward. Neal selected honest, impartial jurors.
He demolished every witness and argument the prosecution presented with a deep understanding of the law, an impeccable logic and revealing the incongruity of the prosecution statements and the evidence. Trial was my only option. The closing speech gave the jurors the right guideline on how to do their job correctly and sentence accordingly. My wife and I are so grateful to Neal Davis. Today, I write this review while I enjoy my freedom thanks to this man.”
Houston | Client acquitted from a .18 blood alcohol charge
Verified customer
“I am a professional who hired Neal in connection with criminal charges that were brought against me. Because I have a professional license that could be affected by the conviction, my inclination was to accept the plea offer from the District Attorney’s office. Neal and his legal team advised me that while the decision was ultimately mine, they recommended I reject the plea offer and take the matter to trial. I agreed to do so.
The case went to trial. Because of Neal’s legal briefing and his team’s flawless assault on the prosecution’s case, the case was summarily dismissed by the judge at the close of the prosecution’s case. In short, Neal and his team did such an incredible job on destroying the prosecution’s case during its case-in-chief that I never had to put on a defense. The charges were dismissed, my professional license is intact, and because Neal insisted on prevailing on the merits, I was able to have my record expunged.”
Houston | Client’s DWI case dismissed during trial
Verified customer
Intoxication offenses: Charges
DWI
Intoxication is any state in which a person has lost normal use of their mental or physical faculties due to the use of a substance such as alcohol or drugs. It is a crime to operate a motor vehicle in a public place while intoxicated. A public place is considered any place to which the general public has access. It is also a crime to cause the death of another person by accident or mistake due to the effects of intoxication.
Under the law, intoxication is measurable based on the concentration of alcohol in a person’s bloodstream. If a person’s blood-alcohol concentration (BAC) exceeds 0.08%, they are considered legally intoxicated. Measuring the BAC accurately requires a blood test. Breath analysis equipment, or breathalyzers, measure the concentration of alcohol in a person’s breath. This measurement is converted to an equivalent BAC level to determine legal intoxication.
For first-time offenders, DWI with a BAC between 0.08% and 0.15% is considered a class B misdemeanor. If the BAC measures 0.15% or more, then the offense is a class A misdemeanor.
Continue reading to learn more about DWI offenses.
Law
Under Chapter 49 of the Texas Penal Code, driving-while-intoxicated (DWI) occurs when a person “is intoxicated while operating a motor vehicle in a public place.” “Intoxicated” means:
(1) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or
(2) having an alcohol concentration in the blood of 0.08% or more.
PUNISHMENT
Punishments for intoxication charges vary depending on the severity and circumstances of the offense.
- Class B misdemeanor DWI carries a penalty of up to 180 days in jail and a $2,000 fine.
- Class A misdemeanor DWI carries a penalty of up to a year in jail and a $4,000 fine.
A prior DWI conviction can lead to enhanced charges and subsequently harsher sentences.
DEFENSE STRATEGY
Intoxication charges can be successfully challenged in court. Police may not have had a legal reason to stop the person accused. If breath or blood samples were taken, law enforcement may not have used legal methods to do so. The person accused may not in fact have been intoxicated, or may not have been operating the motor vehicle.
An experienced, reputable lawyer will be able to make these determinations in order to position the case for a favorable outcome.
PROCESS
In a DWI, police typically stop the defendant for a traffic violation. Police may claim to smell alcohol and ask the defendant if they have been drinking. Police will then conduct field sobriety tests at the scene to determine whether physical coordination is impaired. If officers believe that the person is intoxicated, they will be arrested and taken to a police station.
There, the person accused will be asked to provide a breath or blood specimen for testing. If the person refuses, police can obtain a warrant and even forcibly take the specimen. The defendant may also be asked to perform field sobriety tests in a room at the station where they will be videotaped. They may also be asked questions such as how much they had to drink and where they were going.
Intoxication manslaughter
It is a crime to cause the death of another person by accident or mistake due to the effects of intoxication. Intoxication is any state in which a person has lost normal use of their mental or physical faculties due to the use of a substance such as alcohol or drugs. Intoxication manslaughter occurs when a person under the influence of drugs or alcohol causes the death of another person.
Under the law, intoxication is measurable based on the concentration of alcohol in a person’s bloodstream. If a person’s blood-alcohol concentration (BAC) exceeds 0.08%, they are considered legally intoxicated. Measuring the BAC accurately requires a blood test. Breath analysis equipment, or breathalyzers, measure the concentration of alcohol in a person’s breath. This measurement is converted to an equivalent BAC level to determine legal intoxication.
Law
Intoxication manslaughter is a second-degree felony and occurs when a person:
“(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”
PUNISHMENT
As a second-degree felony, intoxication manslaughter carries a punishment range of 2 to 20 years in prison and a fine up to $10,000.
DEFENSE STRATEGY
Intoxication charges can be successfully challenged in court. If breath or blood samples were taken, law enforcement may not have used legal methods to do so. The person accused may not in fact have been intoxicated, or may not have been operating the motor vehicle.
An experienced, reputable lawyer will be able to make these determinations in order to position the case for a favorable outcome.
PROCESS
In the case of intoxication manslaughter, police are typically called to the scene of an accident. If they see evidence of intoxication—if a driver smells like alcohol or appears to be under the influence—they will conduct field sobriety tests. If police believe the driver is intoxicated, they will arrest them and take them to a police station.
There, the person accused will be asked to provide a breath or blood specimen for testing. If the person refuses, police can obtain a warrant and even forcibly take the specimen. The defendant may also be asked to perform field sobriety tests in a room at the station where they will be videotaped. They may also be asked questions such as how much they had to drink and where they were going.
Bentley’s law
Texas has enacted a new law requiring drunk drivers to pay child support if they cause the death of a child’s parent or guardian. Signed by Gov. Greg Abbott in June 2023 and effective from August 1, 2023, the legislation mandates that those convicted of intoxication manslaughter provide financial support for the deceased’s minor children until they turn 18.
This legislation, known as “Bentley’s Law,” was inspired by Cecilia Williams, a Missouri grandmother who tragically lost her son, daughter-in-law, and grandson to a drunk driver in Jefferson County, Missouri.
For those unable to make immediate payments, installment plans are available. Incarcerated offenders must begin payments within the first year after they are released. In Texas, intoxication manslaughter carries a potential 20-year prison sentence.
Tennessee pioneered a comparable law, with roughly 20 other states deliberating similar measures.
Intoxication offenses: Procedure
Bond conditions
In most instances, a defendant is entitled to be released in exchange for a bond, pending the resolution of the case.
Texas Code of Criminal Procedure Article 17.15 states the factors that courts must consider in setting a bond:
- The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
- The power to require bail is not to be so used as to make it an instrument of oppression.
- The nature of the offense and the circumstances under which it was committed are to be considered.
- The ability to make bail is to be regarded, and proof may be taken upon this point.
- The future safety of a victim of the alleged offense and the community shall be considered.
Other factors can be considered, including the defendant’s work record, community and family ties, length of residency, prior criminal history, behavior while out on prior bonds and existence of any outstanding bonds.
The trial court must set a reasonable bond. If bond is unreasonable, then the defendant can appeal.
Defendants usually hire a bonding company to post the bond. Bonding companies typically require the defendant to pay ten percent of the total bond amount and put up some collateral to make sure the defendant does not “jump bond” by failing to appear in court. For example, if the trial court sets a $20,000 bond, a bonding company would charge $2,000 and require the remaining bond amount to be secured by property, such as a house. Like any business, some bonding companies are trustworthy and some are not. A reputable lawyer will be able to advise on which bond company to use.
In setting a bond, a court can impose certain conditions over and above the amount of bond a defendant must post to be released. For example, a defendant might be required to turn in their passport, wear an electronic monitor or submit to a curfew, depending on the seriousness of the offense. An expert defense lawyer often can successfully negotiate minimal conditions of bond so that a defendant is not unduly restricted while the case is pending.
Driver’s license penalties
A person convicted on an intoxication charge stands to lose their driving privileges for up to two years. In addition, they may have to pay thousands of dollars in annual surcharges, for up to three years, to regain their driver’s license.
Intoxication offenses: FAQs
Q: I’ve been arrested for an intoxication offense. What should I do?
A: You should immediately contact an experienced attorney to protect your rights. If you can afford bond and an attorney, then post the bond as well. If you can’t afford both, then spend your money on an attorney. Bond is a short-term gain; hiring the right attorney carries long-term consequences.
Q: I’m an emotional wreck and can’t handle the stress of this situation. What can I do?
A: The emotional toll of an intoxication allegation can be overwhelming. Seeing a reputable mental health provider can help you deal with the stress. Over our many years of handling these cases, we have developed strong personal and working relationships with outstanding mental health experts and can refer you to someone who can help you through this time.
Q: How long will it take before the case is over?
A: An intoxication case can take anywhere from a few months to two years to resolve. Prosecutors in larger counties, such as Harris County and surrounding counties, have many cases to address and prioritize older cases over newer ones.
An effective defense investigation requires time, including obtaining the police officers’ disciplinary histories and any video or audio evidence, and examining the breath or blood testing results to see if they have been compromised. Blood testing alone can take weeks or even months to get the results. In intoxication manslaughter cases, an accident reconstructionist will often be hired.
Finally, courts schedule cases for trial based on their age, and when the defendant is currently in custody. If a defendant is suspect in a recent case and is out on bond, their case will not be at the front of the line for a quick trial.
Q: I hired a lawyer, but I no longer have any confidence in them. What do I do?
A: It’s not unusual for a person to hire a lawyer shortly after being accused of a crime—sometimes because the lawyer is inexpensive—and later discover that the lawyer is not adequately qualified to handle a case as serious and complicated as an intoxication charge. At this point, the wisest course of action is to hire a more qualified lawyer to step in and take over the case. This happens frequently. The new lawyer contacts the first lawyer, and informs them of the client’s decision. The new lawyer then handles the case from that point forward.
Q: I’ve talked to several lawyers. How can I feel certain I’m choosing the right one for my case?
A: This is an important question. You should hire a lawyer who you feel is the most qualified and with whom you feel most comfortable. Examine their experience. How long have they been in practice? How many of these types of cases have they handled? What is their record of success?
Also, consider the lawyer’s credentials. Are they Board Certified in Criminal Law? How are they rated by their peers? Among the most reputable and prestigious ratings are an AV Rated by Martindale Hubbell and admission into the Best Lawyers in America. Client reviews can also be helpful.
Do not hire an attorney based on price alone. Hiring an attorney because of a low price can cost you your freedom, your career, your family relationships and your reputation.
Q: How much will this cost?
A: The short answer to “how much is the cost” may not be satisfying: it depends. Many factors, from the experience, qualifications and ability of the criminal lawyer, to the charges and the complexity of the case, determine the fee. Some cases may, aside from attorney fees, require expenses for experts and investigation.
The custom and practice of Texas criminal attorneys is generally to charge a flat fee. We typically charge one fee to handle the case up to the point of being set for trial, then an additional fee if the case is set for trial. The client is responsible for bond, as well as expenses, such as experts. The benefit of a flat fee is that clients know from the outset how much they will pay an attorney, and there will not be any surprise monthly billing statements based on hours spent.
Q: What can you guarantee?
A: Ethically, no attorney can guarantee any outcome. But we can guarantee that we will do everything in our power to achieve the best possible outcome. While each case is different and involves its own unique set of facts, we have a proven track record of obtaining extraordinary results. We are proud of our record of charges declined, as well as cases dismissed for misdemeanors and felonies in state and federal court.
Hiring Counsel
What’s the cost?
The short and truthful answer to “How much will this cost?” is: it depends.
Tips for selecting a lawyer
Watch out for certain types of lawyers that promise big results on the cheap.
