At the Law Offices of Sergio A. Saldivar, we are able to focus exclusively on criminal defense and therefore have experience in handling a wide variety of DWI cases. If you are accused of felony DWI, the consequences you face could be significantly more severe. Not only could you be required to pay substantial fines and have an ignition interlock system placed on your vehicle , but you could be forced to spend time in state prison. If you are under the age of twenty-one and are suspected of drinking under the influence, you could be convicted of underage DWI.
Law enforcement takes underage drinking and driving very seriously, operating under a zero tolerance standard. If you have been convicted of multiple DWIs, your likelihood of spending time in jail is increased. If you were arrested for out of state DWI, you could be subject to charges both from your home state and the state in which you were arrested. A DWI with injury or DWI involving drugs will also change your case and possible penalties, as will driving while license revoked (DWLR) .
Administrative License Suspension
One of the most common penalties associated with being criminally charged with drunk driving is the suspension of your driving privileges. If you find yourself in a similar situation and are looking to fight for your right to drive in an ALR hearing, then you should not hesitate to get our involvement – we can help represent you and fight for your license. Read more about administrative license suspension.
Field Sobriety Tests
There are three main field sobriety tests that are largely recognized by the NHTSA for their ability to be effective when used properly together – the horizontal gaze nystagmus, walk and turn and the one-leg stand. Still, there are defenses that a knowledgeable attorney will be able to mount against a seemingly failed test to help protect you against the possibility of conviction. Read more about field sobriety tests.
Officers will often use a handheld breath machine at the scene of the arrest to test the blood-alcohol level of the subject. These are notoriously faulty and can result in serious issues pertaining to the calibration of the machine or even the existence of alcohol in the mouth at the time of the test. Read more about breath tests.
Seen as the most reliable form of BAC testing, the blood test requires the subject to have a sample of blood drawn and sent over to a lab. Should the chain of custody be broken, should the sample not be preserved correctly or should the sample spot be washed with a compound with an alcohol based, it can skew the results and should be thrown out from evidence. Read more about blood tests
As a professional driver, the penalties for being caught driving while intoxicated are much more severe. When your livelihood rests upon your ability to drive, the possibility of losing your license is not just inconvenient – it can be debilitating. Read more about commercial DWI.
Texas does not take drunk driving lightly and has some of the harshest penalties throughout the nation for the offense. If you have been criminally charged for a first offense, you will be facing penalties that include up to $2000 in penalties, incarceration and driver's license suspension. Each subsequent criminal charge will result in even more severe penalties. Read more about DWI penalties
When you are arrested and charged with a first-time DWI in Houston, the Harris County District Attorney's office may offer you the option of taking part in the DIVERT Program. If you complete the terms of the program, which include treatment, education, payment of restitution and other terms, the D.A. will drop the charges against you. Read more about the DIVERT Program.
There is nothing more severe than facing a criminal charge for a DWI when you already have prior convictions on your record. The courts are cracking down on people who they believe are habitual offenders and will granted harsh penalties not only to punish the defendant, but also to serve as a deterrent to other people who might routinely drive under the influence. Read more about multiple DWI
There is a zero tolerance policy in Texas regarding underage drivers who get behind the wheel while intoxicated. Even of a minor has a BAC over 0.02 percent, they could be criminally charged with an underage DUI – which can result in serious penalties. Read more about underage DUI.
Out of State DWI
In cases where a driver gets arrested when you are just visiting Texas, it is important that you get a local attorney who will be able to help explain the state laws. We recognize the issues that can stem from having DUI charges across state lines and we are prepared to go the distance in our efforts to helping our clients protect themselves against criminal conviction. Read more about out of state DWI.
DWI with Injury
If you were involved in an accident while you were allegedly driving drunk and a person suffered serious injury, you could find yourself facing severe criminal charges. At our firm, we recognize the stress of having this felony held against you and we will do everything that we can to helping you protect yourself and working to avoid conviction. Read more about DWI with injury.
Unfortunately, if you were involved in a car crash and the law enforcement officers had reason to believe that you were under the influence, you will likely find yourself facing criminal charges – regardless of whether you were the actual cause of the crash or not. Read more about DWI accidents.
DWI & Drugs
In the state of Texas, it is not just a criminal offense to drive while under the influence of alcohol – but also the influence of drugs. Even if you had legally taken prescription drugs, you could find yourself facing criminal charges if it was determined by the police officer that the drugs had impaired you ability to drive against what would be considered normal for you. Read more about DWI and drugs.
While most cases of drunk driving are considered to be misdemeanors, in some circumstances, this can be elevated to a felony. For example, having multiple criminal charges on your record, causing an injury or causing the death of another can result in aggravated charges. Read more about felony DWI.
After being arrested in a DWI case, you will also be required to have an administrative hearing before the Texas Department of Public Safety (DPS) where witnesses will be brought in to testify. This hearing does not deal at all with the question of your guilt, but rather with the future of your driving privileges. Read more about DPS hearings.
While the validity of sobriety checkpoints are questioned across the nation, they are common in Texas. It is important to keep in mind that there are strict regulations regarding these acts and if they are not strictly adhered to, an experienced lawyer will be able to work at helping to suppress the evidence and get the charges held against you thrown out. Read more about sobriety checkpoints.
Drivers' License Restoration
One of the most inconvenient penalties that you can face in any given DWI case is the possibility of having your driver's license suspended. There are, however, avenues of legal action that you can take to get this privilege restored if you need to get back to your everyday lifestyle. Read more about drivers' license restoration.
Leaving the Scene
There are few criminal charges more severe than being accused of leaving the scene of a DWI accident. As you are lawfully bound to offering any assistance that you can to someone who is injured, if you are convicted of this, you can find yourself facing severe penalties. Call our firm today to learn more about how we can help you fight for your just outcome. Read more about leaving the scene.
Boating While Intoxicated
Many people in the state of Texas enjoy driving boats for recreation. Unfortunately, many are not aware of the alcohol laws that govern these vehicles – the same way that vehicles on the nation's roadways are governed. If you are pulled over and believed to be operating a boat while under the influence of alcohol or drugs, you could find yourself facing severe penalties. Read more about boating while intoxicated.
First Time DWI
Even for criminal charges of a first time DWI, the penalties will be severe. This is not something that lefts first time offenders skim by with light penalties. This is something that will cause the accused to have harsh penalties that can be life-altering in nature. Read more about first time DWI.
Ignition Interlock Device
If you have been criminally convicted, one of the penalties that you could find yourself facing is the mandatory installation of what is known as the ignition interlock device in your car. Operating the same as a breath machine, this device will not let you start your vehicle if you are tested to have a BAC over the threshold set on the machine. Read more about ignition interlock device.
Unlawful Police Stops
Police are not able to pull over whoever they want without discretion. It is required that they have what is known as probable cause before they make a traffic stop; it is not considered to be enough evidence to just see someone pulling out of a bar parking lot. If you believe that you've been subjected to an illegal traffic stop, our firm can help protect you rights. Read more about unlawful police stops.