Houston DWI Lawyer: Fighting for Your Future
When you’ve been arrested for suspicion of driving while intoxicated, your future is immediately in jeopardy. Being convicted of DWI in Houston could cost you your career, your relationships, your driving privileges, your financial resources, and so much more.
Right now, you’re probably a little confused. Maybe you’re scared, wondering just what’s going to happen to you.
That’s okay. I’m here to help.
The implications of a drunk driving charge are severe. As your Houston DWI lawyer, I am committed to you. To knowing your case. To educating you about your options. To protecting your rights. To fighting hard for the best possible outcome. That’s me. Commitment, knowledge, education, protection, and The Fight.
DWI & Houston Criminal Lawyer offering:
- Free case evaluations – Get the answers you need now. I offer a 100% FREE, no obligation case evaluation to anyone who has been charged with a DWI or other related crime. You don’t even have to hire us. We just want to give you the information you need to get on the right track. Click here to schedule your 100% FREE case evaluation today!
- DWI and criminal defense expertise – You’ll be working with a lawyer who has always been a criminal defense lawyer, not a former prosecutor who used to fight against people like you. I have always been on your side, and we’ll always fight to ensure your rights are protected.
- Affordable legal services – Hiring a knowledgeable, well-credentialed DWI defense attorney in Houston doesn’t have to be expensive. I make it affordable for you to procure the legal counsel you deserve. Call me today to schedule a free consultation at (713) 225-1900. All case evaluations are confidential and complimentary.
Remember, being charged with a DWI or DUI doesn’t mean you are guilty. You are innocent unless proven guilty, and I’m here to help you prove your innocence. From DWI checkpoints to no refusal weekends and mandatory blood draws, I know how prosecutors test and process evidence when building a case against you for drunk driving allegations. That means I can start building a strong defense for your from the moment you are charged with a DWI in Houston.
Drunk driving charges are serious, and you need a serious defense lawyer. Call me 24/7 to schedule a free DWI consultation. I’m here to help.
Aggressive, Experienced, & Strategic DWI Defense Attorney
In Texas, driving while intoxicated (DWI) is a serious offense that has severe and lifelong repercussions for those who are convicted. While DWI cases may seem straightforward, they are actually very complex. DWI cases involve standardized field sobriety tests and scientific breath or blood tests.
Having the advice of an experienced DWI defense attorney will make the difference between a dismissal and a conviction that will be on your criminal record for life. Anyone facing DWI charges in Houston needs to quickly seek the counsel of an experienced defense lawyer who has tried many cases, not rolled over on a plea deal. If you have been charged with a DWI in the Houston area, contact experienced and aggressive criminal defense attorney Jay Cohen as soon as possible.
Driving While Intoxicated
In Texas, intoxicated is defined as having (1) lost the normal use of your mental faculties, (2) lost the normal use of your physical faculties, or (3) having a blood alcohol concentration of 0.08 or greater. A jury must believe the State has proven one of these elements beyond a reasonable doubt. Driving with a blood alcohol concentration (BAC) over the limit of 0.08 is illegal per se. This means that driving while intoxicated is inherently unlawful, regardless of the circumstances. BAC is determined by conducting a scientific analysis of the driver’s blood, breath, or urine.
By driving on public roads in the state, all drivers have impliedly given their consent to provide a specimen of their breath or blood. Refusal to consent to a breath or blood test to determine your BAC can result in the revocation of your license for six months, even if you are never actually convicted of the DWI. If you have been charged with a DWI or related offense, Jay Cohen Attorney at Law, has the experience and knowledge to defend you.
Penalties for a Drunk Driving Conviction in Texas
In Houston, DWI penalties are based on case-specific factors, such as the age of the driver, the BAC of the driver, the type of license the driver holds, if an accident was involved, and if the driver has any prior convictions. Generally, penalties for a DWI conviction in Texas can include:
- Fines of $2,000 to $10,000;
- Imprisonment for up to ten years;
- Suspension or revocation of your license;
- Mandatory attendance at a DWI education program;
- The installation of an ignition interlock device in your vehicle;
- The completion of community service; and
- The required payment of annual surcharges to the Texas Department of Public Safety.
DWI surcharges are fines levied against those who have been convicted of DWIs, the payment of which is necessary to keep your driver’s license. Surcharges must be paid for three years after a conviction. The rate will vary depending on the number of DWI convictions on a person’s record and the person’s blood alcohol concentration at the time of the test. Generally, the fees are charged as follows:
- A first time DWI surcharge fee is $1,000 a year;
- A second time DWI surcharge fee is $1,500 a year; and
- A DWI with a blood alcohol concentration of 0.16 or greater surcharge fee is $2,000 a year.
Common Defenses for DWI
Due to the severity of some of these penalties, people who have been charged with DWIs often prematurely plead guilty to the offense in order to avoid the most serious consequences. But an experienced DWI lawyer like Jay Cohen knows that there are many possible defenses that may clear you of responsibility. Some common and effective defenses include:
- Improper stop and/or detention: If we can prove that the officer lacked probable cause to make the initial stop that led to the arrest, any evidence collected as a result of the illegal detention would be inadmissible.
- Administration of field sobriety test: If your arrest was based on an improperly administered field sobriety test, the results may be deemed inaccurate and inadmissible as evidence.
- Administration of Breathalyzer test: If the officer was not certified to administer a Breathalyzer test, if the officer failed to follow the necessary procedures prior to the breath test, or the device was not properly maintained, the test results will be inadmissible.
- Contaminated blood test: This defense is raised if there was a mishandling of a blood sample, an improper blood draw, improper storage of the blood sample, compromised seal of the vial, or any mishandling that could compromise the integrity of the sample.
- Rising blood alcohol concentration: When alcohol is consumed, it can take from thirty minutes to one and a half hours to be absorbed by the body. This is influenced by the last time a person consumed food. This is a viable defense when your BAC would have been below the legal limit when you were driving, but by the time the breath or blood test was performed, the level had increased beyond the legal limit.
Raising these defenses can often lead to the dismissal of DWI charges, but these errors can only be discovered through a very thorough analysis of every piece of evidence. Our experienced DWI attorneys have the expertise to identify the types of issues that can cause a test’s result to be ruled inadmissible.
Choosing the Right DWI Defense Lawyer
When you’re facing serious alcohol related charges, you need a defense lawyer who with a proven track record of success. Jay Cohen has training in Forensic Chromatography. His extensive knowledge of blood, breath and urine testing; in addition to being both a practitioner and instructor in standardized field sobriety testing gives him the advantage. So if you’re prepared to take your case to trial, Jay Cohen is the man you want on your side in court. His strategic, unrelenting commitment to win is greatly valued by all of his clients.
Contact Jay Cohen Today
A DWI conviction will remain on your record permanently, so taking any and all necessary steps to decrease your odds of conviction, including hiring a DWI defense attorney, is essential. If you have been charged with a DWI or DUI in Harris County, Fort Bend County, Montgomery County, or Galveston County, please contact us today at (713) 225-1900 for a free consultation. Jay Cohen will sit down with you at your complimentary case evaluation and discuss the details of your case in complete confidentiality.