Top 10 Questions to Ask Criminal Defense Attorney
Top 10 Questions to Ask Criminal Defense Attorney
DWI

DWI LAWYERS IN HOUSTON

Facing DWI Charges in Houston? Do not Risk Your Future.

Being arrested for driving while intoxicated (DWI) in Houston can be a terrifying experience. The consequences are serious, and the legal process is complex. But you do not have to face this alone. At The Turnbull Legal Group, our DWI lawyers are here to protect your rights, fight for your freedom, and guide you through every step.

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Former State District Court Judge and Chief Prosecutor
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HOUSTON DWI ATTORNEYS

The Turnbull Advantage: A Former Judge Fighting Your DWI Charge

Our team is led by E.R. "Ned" Turnbull, a Former Chief District Court Judge and Chief Prosecutor. This unique experience gives us an unparalleled understanding of how DWI cases are prosecuted. This insider knowledge allows us to build the strongest possible defenses for our clients.

Ready to put this experience on your side? Contact The Turnbull Legal Group today for a free consultation.

Meet Our Team
founder Edward Randolph 'Ned' Turnbull portrait
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E.R. "Ned" Turnbull

E.R. "Ned" Turnbull, the Managing Partner of Turnbull Legal Group, a Former State District Court Judge, and a Chief Prosecutor, brings extensive experience and leadership to our law firm. He's recognized for his legal expertise, community service, and commitment to justice.

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  • Award Appellate Court Division Judge
  • Award Appelate Court Rules Committee Judge
  • Award Member Harris ocunty Criminal Lawyers Association
  • Award Governor's Judicial Commendation
  • Award Executive Department Proclamation
  • Award State Bar of Texas
  • Award National Association of Criminal Defense Lawyer
Table of Contents

DWI in Texas: A Look at the Numbers

Driving while intoxicated is a serious problem in Texas, and Houston is no exception. The consequences of drunk driving can be devastating, impacting individuals, families, and entire communities.

According to recent reports, there are nearly 340 DUI arrests made for every 100,000 licensed drivers in Texas. Even more alarmingly, five people are killed in car crashes involving a drunk driver for less than every 100,000 Texans. These statistics highlight the prevalence of drunk driving and the urgent need for effective legal representation for those facing DWI charges.

If you've been arrested for DWI, don't take the charges lightly. Seek experienced legal counsel immediately to protect your rights and your future.

Types of DWI Charges We Handle: From First Offense to Felony DWI

We represent clients facing all types of DWI charges in Houston, including:

First DWI

Even a first-time DWI conviction carries serious consequences. We will work to minimize the penalties and protect your driving privileges.

Second DWI

A second DWI offense brings significantly harsher penalties, including increased fines, longer jail sentences, and mandatory ignition interlock devices. We will aggressively fight to reduce charges and mitigate the consequences.

Third DWI

A third DWI offense is automatically a felony in Texas, with potential prison sentences of 2 to 10 years. We have the experience to handle these serious cases and protect your rights.

Underage DUI

Drivers under 21 are subject to a zero-tolerance policy for alcohol. Any detectable amount in their system is illegal. We understand the specific challenges young drivers face and can provide effective legal guidance.

DWI with Drugs

Driving under the influence of drugs, whether the substances are legal or illegal, is also a serious offense. We have experience handling cases involving a wide range of drugs, including prescription medications, marijuana, and illicit substances.

Commercial DWI

Commercial drivers, such as truck drivers or bus drivers, face even stricter penalties for DWI convictions, including the potential loss of their commercial driver's license (CDL).

Felony DWI

Certain actions, such as causing an accident or having a child passenger, can elevate a DWI to a felony offense. We have the experience to handle these serious cases.

Intoxication Assault

If you caused an accident resulting in serious injury while driving under the influence, you could face intoxication assault charges.

Intoxication Manslaughter

If an accident results in a fatality, the charges can be elevated to intoxication manslaughter, a very serious felony offense.

Fighting Your Charges: Common DWI Defenses

A DWI charge does not automatically mean a conviction. There are various legal defenses that can be used to challenge the prosecution's case and protect your rights. At The Turnbull Legal Group, we explore every possible defense strategy based on the specific facts of your case. Here are some common defenses that may apply:

Challenging the Traffic Stop

Was the initial traffic stop legal? Did the officer have reasonable suspicion to pull you over? If not, the evidence obtained after the stop may be inadmissible.

Questioning Field Sobriety Tests

Field sobriety tests are subjective and can be influenced by factors other than intoxication, such as fatigue, nervousness, or physical limitations. We can challenge the officer's observations and the administration of the tests.

Disputing Breathalyzer or Blood Tests

Breathalyzers and blood tests can be inaccurate due to improper calibration, user error, or other factors. We can challenge the validity of the test results and explore alternative explanations for elevated blood alcohol content (BAC) levels.

Miranda Rights Violations

Were your Miranda rights properly read to you before questioning? If not, any incriminating statements you made may be inadmissible in court.

Lack of Probable Cause for Arrest

Did the officer have sufficient evidence to arrest you for DWI? We will examine the totality of the circumstances to determine whether probable cause existed.

Rising Blood Alcohol Content

If your BAC was below the legal limit at the time of driving but rose above the limit after your arrest, we can argue that you were not intoxicated while operating the vehicle.

Remember: Every DWI case is unique, and the most effective defense strategy will depend on your specific circumstances. The Turnbull Legal Group's DWI attorneys will thoroughly investigate your case to identify any weaknesses in the prosecution's evidence and build a strong defense on your behalf.

The Turnbull Legal Group Approach: Building Your Strongest Defense

We believe in a comprehensive and client-focused approach to DWI defense. Here is how we fight for you:

Free Consultation

We will start with a free consultation to discuss the specifics of your case, answer your questions, and explain your legal options in detail. We want you to feel informed and confident about the path ahead.

Thorough Investigation

We will leave no stone unturned. Our team will meticulously gather evidence, including police reports, dashcam footage, witness statements, and any available medical records. 

We will also analyze the procedures used during your arrest to ensure your rights were not violated. If necessary, we will consult with expert witnesses, such as toxicologists or accident reconstruction specialists, to challenge the prosecution's case.

Strategic Negotiations

We will leverage our experience and knowledge of the Houston courts to engage in strategic negotiations with the prosecution. We'll explore every avenue to seek a reduction in charges, a dismissal of the case, or alternative sentencing options that minimize the impact on your life.

Trial Preparation

If your case proceeds to trial, we'll prepare a compelling defense strategy tailored to the specific facts and legal issues in your case. This may involve challenging the accuracy of breathalyzer or blood tests, exposing flaws in police procedures, or presenting evidence that casts doubt on the prosecution's claims.

We will be your voice in the courtroom, advocating for your rights and presenting your case to the jury in the most persuasive way possible.

Our goal is to minimize the negative consequences of a DWI charge so that you can get back to your loved ones and put the stress of your arrest behind you.

Arrested for DWI in Houston? Here's What to Do

If you are pulled over for suspicion of DWI, it's crucial to:

  • Remain calm and polite, but exercise your right to remain silent.
  • Don't answer questions about your alcohol consumption.
  • Politely refuse field sobriety tests, which are often subjective and can be used against you.
  • Request an attorney.
  • Don't consent to any searches without a warrant.

Once you are able, contact The Turnbull Legal Group immediately for assistance with your next steps.

Understanding Texas DWI Laws: What You Need to Know

In Texas, it is illegal to operate a motor vehicle with a BAC of .08% or higher. For drivers under 21, any detectable amount of alcohol in their system is illegal. Penalties for DWI increase with each offense and can include jail time, fines, license suspension, and other consequences.

DWI Penalties in Houston: The Consequences You Face

Texas law outlines strict penalties for DWI convictions, ranging from misdemeanors to felonies. The specific penalties depend on factors such as BAC level, prior offenses, and whether an accident or injury occurred.

Offense Level Charge
Type
Potential Fines Potential Jail Time License Suspension Other Consequences
First Offense Class B misdemeanor Up to $2,000 Up to 180 days with three mandatory days Up to 365 days DWI education, possible ignition interlock device
Second Offense Class A misdemeanor Up to $4,000 One month to one year Up to two years DWI education, mandatory ignition interlock device
Third Offense 3rd-degree felony $10,000 2 to 10 years Up to two years Prison sentence, DWI education, mandatory ignition interlock device, possible substance
DWI With Child Passenger Child endangerment Additional $10,000 Up to two years Additional 180 days Possible prison sentence, DWI education, mandatory ignition interlock device
Intoxication Assault 3rd-degree felony Up to $10,000 2–10 years Up to 2 years Possible prison sentence, DWI education, mandatory ignition interlock device
Intoxication Manslaughter 2nd-degree felony Up to $10,000 2 to 20 years Up to 2 years Prison sentence, DWI education, mandatory ignition interlock device

The 15-Day Rule: Don't Delay Your Defense

In Texas, you only have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license. 

If you fail to request the hearing within 15 days, your license will be automatically suspended. Contact an attorney immediately to ensure you don't miss this important deadline.

Don't Wait, Get Legal Help: Protect Your Rights

Facing DWI charges can be overwhelming, but you do not have to face them alone. We can mount a robust defense and protect your future with every resource we have. Contact The Turnbull Legal Group for a free consultation to discuss your case.

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Why Choose Turnbull Legal Group for Your DWI Defense?

When your freedom, your driving privileges, and your future are at stake, you need a DWI defense team that you can trust.

Here's what sets us apart:

Unmatched Experience

Our team's background gives us unique insight into the prosecution’s process.

Aggressive Advocacy

We'll fight tirelessly to protect your rights and challenge the prosecution's case.

Personalized Strategies

We develop defense strategies tailored to your specific case and goals.

    The Turnbull Legal Group Difference
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    Don't Risk Your Future: Get the Dedicated DWI Defense You Need

    Don't let a DWI charge derail your life. The Turnbull Legal Group is here to protect your rights and fight for your freedom. Contact us today for a free consultation and let our committed DWI attorneys get started on your case.

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    FAQ

    Frequently Asked Questions

    What is the difference between DWI and DUI in Texas?

    Both refer to the offense of operating a motor vehicle while impaired by alcohol or drugs. However, in Texas, DWI is typically more serious and used when someone over the age of 21 operates a vehicle while impaired by substances. DUI is used when a person under the age of 21 violates the zero-tolerance policy for alcohol.

    Will a DWI stay on my record forever?

    Yes, a DWI conviction will remain on your criminal record permanently in Texas. However, in some cases, it may be possible to have your record sealed, making it less accessible to the public.

    Can I get a DWI expunged in Texas?

    Expungement for a DWI is very limited in Texas. It is only possible in very specific circumstances, such as if the charges were dismissed, you were acquitted at trial, or you received a nondisclosure order (which is only available for certain first-time DWI offenses).

    What is a standardized field sobriety test?

    Standardized field sobriety tests (SFSTs) are a series of roadside tests used by law enforcement to assess a driver's sobriety. They typically include the horizontal gaze nystagmus test (eye movement), the walk-and-turn test, and the one-leg stand test. You have the right to refuse these tests.

    Can I receive probation for a DWI in Houston?

    Yes, probation is a possible sentence for a DWI conviction, especially for first-time offenders. Probation may involve meeting certain conditions, such as taking DWI education classes, participating in community service, and undergoing regular drug and alcohol testing.