Brian Foley and Luis Baez are both former prosecutors and members of the elite DWI prosecution unit called the Vehicular Crimes Team, which focused on intoxicated driving cases that involve serious bodily injury or death. Now you can put their experience and training on your side and take back control of your life. If you or a loved one has been arrested for DWI in Houston you need to know two things immediately:
- If you fail or refuse to take a breath or blood test, we only have 15 days to request a hearing to save your driver's license.
- Even if you think you're guilty, we may still be able to avoid a conviction for DWI.
Contact us for your free consultation.
What You Need to Know About DWI in Texas
In Texas, DWI (Driving While Intoxicated) is governed by Texas Penal Code §49.04. It involves operating a motor vehicle in a public place while intoxicated — whether from alcohol, drugs, or any substance that impairs your mental or physical faculties. The legal BAC limit is 0.08, but impairment can occur even below that level. Holidays like New Year's Eve see heightened enforcement, including "no refusal" periods where warrants for blood tests are quickly obtained if you refuse testing.
Key Takeaways
- DWI is defined as operating a motor vehicle in a public place while intoxicated (alcohol, drugs, or any substance).
- Texas legal BAC limit: 0.08 (breath, blood, or urine).
- First-time DWI: minimum 3 days jail (often creditable or probated), up to 180 days jail, fines, and license suspension.
- "No refusal" policies mean warrants for blood draws if you refuse testing — cooperation matters for case outcomes.
- Know your rights: be polite but limit statements; request a lawyer early.
DWI First Offense
Most DWIs start off with a traffic violation or after there has been a collision. From there officers ask you to perform field sobriety tests including an eye test, a 9-step walk and turn, and a one-leg stand. After these tests the officer will read a document requesting a breath or blood sample. If you refuse and the police don't get a warrant for your blood, then the case will be tried as a "refusal." This means the State may try to prove that you were guilty of DWI because you lost the normal use of your mental or physical faculties as opposed to having an alcohol concentration greater than .08.
Punishment range: Class B — 0–180 days in jail and up to a $2,000 fine.
DWI Second Offense
If you were given a breath test on the side of the road the police can't use it against you at trial. Only a certified and properly functioning Intoxilyzer device kept in a secure facility can be used during a jury trial. There are numerous ways to challenge a breath test including variations in temperature, maintenance log issues, and challenges under Texas Rule of Evidence 702.
Punishment range: Class B — 0–180 days in jail and up to a $2,000 fine; Class A — 0–365 days in jail and up to a $4,000 fine if over .15 alcohol level.
DWI Third Offense
DWI — third or more offenses are almost always accompanied by bond conditions requiring you to report to a probation office and install a device in your car that measures the alcohol content of your breath. Harris County judges often require these things even prior to being convicted of a criminal offense. You need to have an attorney that isn't afraid of trial on a DWI — Third because the punishment range increases dramatically.
Punishment range: Third Degree Felony — 2–10 years prison and up to a $10,000 fine.
DWI With a Child Passenger
DWI with a child passenger under 15 years old is a State Jail Felony even for a first offense. The challenges in a DWI with child passenger mirror those of regular DWIs, but the presence of the child changes the way prosecutors and jurors value the case.
Punishment range: State Jail Felony — 6 months to 2 years in a State Jail Facility and up to a $10,000 fine.
Intoxication Assault and Intoxication Manslaughter
Brian and Luis are both former prosecutors and members of the elite Vehicular Crimes Unit. This means they were dispatched to the scene of the most serious intoxication assault and intoxication manslaughter cases. They know how the government investigation proceeds from beginning to end — and all the things that can go wrong. If you or a loved one has been arrested for intoxication manslaughter or intoxication assault in Houston, you need someone working with you now to maximize your chances of a successful outcome.
Punishment range: Third Degree Felony (Intoxication Assault) — 2–10 years prison and up to a $10,000 fine. Second Degree Felony (Intoxication Manslaughter) — 2–20 years prison and up to a $10,000 fine.
Blood Testing
You can still avoid a conviction even if the police took your blood. Blood in DWI cases is often not taken according to the proper legal procedures, and the validity of samples can be compromised in the process. Even high blood-test cases can be won, especially when the client does not appear intoxicated on video during the field sobriety testing phase. As members of the Vehicular Crimes Team, Brian and Luis learned about DWI blood draw investigations from start to finish. Learn more about DWI blood tests.
Driver's License Hearings
In a DWI you are prosecuted by two different agencies: the Harris County DA's office prosecutes the DWI, and the Texas Department of Public Safety prosecutes your driver's license case. Remember — you have only 15 days from the date of arrest to request the hearing that protects your license.