DWI Defense Attorney Houston

Getting arrested for Driving while Intoxicated (DWI) probably isn’t on your Top 10 List of coolest things that can happen. But no matter the type of intoxication offense, you always have a chance for an excellent result if you quickly contact the best DWI attorneys in Houston or elsewhere. You should never assume that the worst will happen or that you can’t win your case. DWI charges and related cases are often defensible, even with a high blood test or high breath test. A DWI may be successfully defended even if you’ve driven badly or caused an accident. In fact, a person accused of DWI might avoid a conviction, even after performing badly on field sobriety tests or confessing guilt to a police officer. At Scheiner Law Group, P.C., we have gotten dismissals and won trial acquittals in virtually every type of DWI case and even the most serious intoxication offenses.

Types of DWI Charges

  • DWI-1st Offense
  • DWI .15 and above
  • DWI-2nd Offense
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You Deserve the Best DWI Defense

Our excellent track record is one reason you should never accept that your case is hopeless. And, you shouldn’t let anyone convince you that your case isn’t worth fighting. The stakes for DWI and related cases are extremely high, both personally and professionally. If you care about your reputation and future, you deserve an aggressive, winning defense from the best DWI lawyer you can find.

As soon as possible, preferably while you are being processed at the police station, you should ask a friend or family member to contact a board-certified criminal defense attorney on your behalf. (At night and on weekends, you can text an attorney at Scheiner Law Group, P.C. at 713-581-4540.)

At Scheiner Law Group, P.C., we can walk you through the bail bond process and explain the basics of your situation, even before you visit our office. For an active DWI case or active intoxication case (including boating while intoxicated, flying while intoxicated, intoxication assault, intoxication manslaughter, felony DWI, and DWI with child passenger) in Houston and numerous Texas counties, we will meet with you free of charge.

Houston Criminal Defense Attorney

Grant Scheiner: Exceptional Houston DWI  Lawyer

Practicing law since 1992, Grant Scheiner has truly made a name for himself as a Texas criminal defense lawyer. He is board-certified in criminal law and has extensive experience in criminal defense cases. As a Houston resident, Mr. Scheiner enjoys taking care of his neighbors and keeping justice alive in his city. Named as one of Houston’s top lawyers every year since 2006, a Texas Super Lawyer, and one of the top 100 trial lawyers since 2007, Mr. Scheiner has proven himself time and time again.

Grant Scheiner - DWI Attorney, Houston Texas

In addition to being a successful DWI attorney in Houston, Mr. Scheiner is incredibly familiar with the field sobriety test used throughout the area. In fact, he has been trained by the National Highway and Traffic Safety Administration and the International Association of Chiefs of Police, and he is a certified instructor of the field sobriety test used in Houston. Additionally, Grant Scheiner is well known as a writer and lecturer, and he has extensive experience instructing other lawyers on effective cross-examination strategies. The popular publication of Texas Criminal Defense Lawyers, Voice for the Defense, featured Mr. Scheiner’s article, Attacking the DWI Video, as its featured cover story. It received much acclaim from experts in the field and is an incredibly well-known and important article for DWI defense attorneys everywhere.

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THERE’S NO SUCH THING AS “NO REFUSAL”

That’s just a marketing campaign by police and prosecutors trying to intimidate you and improve their chances of convicting you in court. You do have legal rights when the police confront you. If you are stopped, detained, questioned, or arrested by police, here is what Texas and federal law allow you to do:
No talking. Do not answer any questions. Only give your name and address. Just say, “I do not wish to answer any questions.”

  1. No tests. Do not do any field sobriety tests. In particular, never do any test that involves following a pen with your eyes; walking nine steps heel-to-toe on a line; or standing on one leg for 30 seconds. These tests are rigged and even a sober person can fail! Just say, “I do not wish to do any tests.”Also: Do not take a breath test. Do not agree to a blood test. Make police get a search warrant to draw your blood. Unless a judge signs a valid search warrant, the police generally have no right to take your blood. However, you should never struggle or physically fight a blood test or any search. Simply tell the police officer, “I don’t agree to this.” Then let your lawyer argue in court about whether the warrant was valid.**
  2. Just say, “I do not wish to take a breath test (or give a blood sample).”
  3. No searches. Do not let police search your vehicle, home, apartment, hotel room, or place of business without a search warrant! However, you should never fight or argue. Just tell the police officer, “I don’t agree to this search.”
  4. Ask for a lawyer. Keep asking for a lawyer. Ask repeatedly — even if the police won’t let you talk to one. You can never hurt yourself by asking for a lawyer. Just say, “I request a lawyer.”

** Refusing a breath or blood test may result in a driver’s license or permit suspension. But so could failing a breath or blood test. A breath- or blood-test failure could also hurt your case in court. Remember when it comes to police tests, it is usually better to refuse than risk failing.
Houston Attorney Grant Scheiner tells CW39 NewsFix viewers, “There’s no such thing as ‘No Refusal.'”

REFUSAL IMAGE dwi-defense-houston

Houston Attorney Grant Scheiner tells CW39 NewsFix viewers, "There's no such thing as 'No Refusal.'"

Boating While Intoxicated

It is a little-known fact that, like Texas BWI offenses, boating while intoxicated, or operating a watercraft while not having the normal use of mental or physical faculties by reason of the introduction of alcohol or any other substance into the body, is an offense under Texas law. For the purposes of the statute, a watercraft includes a vessel, one or more water skis, an aquaplane, or any other device used to carry a person on water, apart from those powered solely by the water current. Some interpret this as meaning that someone operating a sailboat is exempt from BWI charges, but as these are powered by the wind and not the prevailing water currents, sailboats are included in the definition of watercraft.
The legal limit for BWI is the same as that for DWI, .08 percent alcohol. The penalties for BWI are also the same as those for driving while intoxicated. Under Section 49.09 of the Texas Penal Code, boating while intoxicated is a Class B misdemeanor with a minimum custodial sentence of 72 hours and a maximum of 180 days. In addition, there may be a fine of up to $2,000 and a suspension of driving privileges.

ALR Hearing: 15 Day Deadline

Your request for an ALR hearing must be received by the Texas Department of Public Safety no later than 15 days after you receive or are presumed to have received “Notice of Suspension.” In most cases, this is simply the 15th day after you were arrested.
The notice of suspension is a sheet of paper that usually doubles as your “temporary driving permit.” It should be marked, “DIC-25”, in the upper right-hand corner. The fine print at the bottom of your notice explains how to request an ALR hearing.
You or your lawyer may request an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays during normal business hours. You may also send your request via fax at 512-424-2650. Be prepared to tell the clerk your name, driver’s license number, date of your arrest, county of your arrest, the police agency that arrested you, plus certain other information that the clerk may require. After you have hired a Houston DWI lawyer, make sure that he or she knows that you have requested an ALR hearing.

What Are the Possible Consequences of Receiving a DWI

Although every DWI is different, there are some general consequences that may be expected from typical convictions. Keep in mind that the more convictions you have, the harsher the consequences may be. For a first offense DWI arrest, you will be charged with a misdemeanor.

At a minimum you will face the following:
A fine of up to $2,000;
Between 3 and 180 days in jail (possibly more if there are injuries, minors involved, or you give a blood or breath sample of .15 or greater);
Loss of driver’s license for up to 1 year;
A yearly fee of at least $1,000 for 3 years to maintain driver’s license;
For a second offense arrest, the charge will again be a misdemeanor. Additional consequences include the following:
A fine of up to $4,000;
Up to 1 year in jail;
Loss of driver’s license for up to 2 years;
A yearly fee of at least $1,000 for 3 years to maintain driver’s license;
For a third offense arrest, you will probably be charged with a third third-degree. Consequences may include the following:
A fine of $10,000;
Between 2 and 10 years in prison;
Loss of driver’s license for up to 2 years;
A yearly fee of at least $1,000 for 3 years to maintain driver’s license;
In addition to those mandated consequences, the judge who oversees your case may require additional penalties. Court appearances are expected, but many people are unaware that they may also be required to complete a probationary period, attend mandatory classes, and undergo an alcohol assessment, all of which may require additional costs. Car insurance fees may also increase significantly, and some insurance companies may not even approve insurance coverage for someone with a DWI conviction. In Texas, a DWI conviction will almost always stay on your record for life.