- Houston Office
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3200 Travis, 4th Floor
Houston, Texas 77006 - 713-237-8380
- [email protected]
- Austin Office
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524 N. Lamar Blvd.
Austin, Texas - 737-299-7997
- [email protected]
Houston DWI lawyer prepared to fight the DWI!
DWI Lawyer – Houston – SFSTs
Are the field sobriety tests valid?
Officers are trained to administer field sobriety tests in accordance with procedures and standards set out by National Highway Traffic and Safety Administration (NHTSA). The problem is officers often fail to follow the proper procedures. The NHTSA manual itself states, “If any one of the Standardized Field Sobriety Elements is changed, the validity is compromised.” If proper procedures were not followed evidence related to the tests should be suppressed. At the Adamo & Adamo Law Firm we have a Houston DWI attorney who has completed the NHTSA Standardized Field Sobriety Test Practitioner Course. This course outlines the same principles officers use to detect impaired drivers. Our attorneys have the skills, resources, and ability to show these tests for what they are. . . nothing more than coordination exercises.
Need a DWI Lawyer in Houston trained in field sobriety exercises? A DWI attorney who attended similar classes as your arresting officer? We have one for you!
DWI Houston Attorney – Breath Test
The breath test – Intoxilyzer5000 and 9000
With a dismissal rate eight (8) times the national average, our DWI attorneys understand spectroscopy, the “science” behind the intoxilyzer5000 and 9000.
There are many factors that can cause the reported alcohol content to be inaccurate. There are also specific procedures the breath test operator has to follow or your DWI Houston attorney will fight to suppress the breath test.
- Was the mandatory 15 minute observation period followed?
- Did you have anything in your mouth prior to blowing?
- Was there enough time in between tests?
- Do you have a medical condition that contributed to the result?
- Was interference present that impacted the result?
DWI Houston Lawyer – Blood Test
Gas Chromotagraphy (GCFID)
Our DWI lawyers understand Chromotagraphy, the “science” behind blood tests. We examine your case from the time of the stab to the time at the lab to determine what factors caused the false high result.
- Was the blood drawer qualified?
- Did the blood drawer use proper protocol in drawing your blood?
- Were the blood vials and accessories expired?
- Did the officer timely deliver the blood to the lab?
- What type of machine analyzed the blood?
- Was the blood properly analyzed?
- Was the machine working properly?
- Was it even your blood?
Intoxication Assault
Vehicular Assault
Intoxication assault is 3rd degree felony (2 – 10 years) addressed in Texas Penal Code 49.07.
- A person commits intoxication assault if the person, by accident or mistake:
- while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated (DWI), by reason of that intoxication causes serious bodily injury to another; or
- as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
The intoxication must be the cause of the serious bodily injury. For purposes of intoxication assault, serious bodily injury is bodily injury that creates a substantial risk of death or that causes, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Intoxication Manslaughter
Vehicular Manslaughter
Texas, like a number of other states also has a strict liability crime known as intoxication manslaughter Texas Penal Code 49.08 makes it a 2nd Degree (2 – 20 years in prison) felony if:
- A person:
- operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
- is intoxicated (DWI) and by reason of that intoxication causes the death of another by accident or mistake. for drunk drivers who by reason of their intoxication kill another person.
In order to prove intoxication manslaughter the intoxication must be shown to be the legal cause of the death.
Intoxication Assault
Vehicular Assault
Intoxication assault is 3rd degree felony (2 – 10 years) addressed in Texas Penal Code 49.07.
- A person commits intoxication assault if the person, by accident or mistake:
- while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated (DWI), by reason of that intoxication causes serious bodily injury to another; or
- as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
The intoxication must be the cause of the serious bodily injury. For purposes of intoxication assault, serious bodily injury is bodily injury that creates a substantial risk of death or that causes, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Intoxication Manslaughter
Vehicular Manslaughter
Texas, like a number of other states also has a strict liability crime known as intoxication manslaughter Texas Penal Code 49.08 makes it a 2nd Degree (2 – 20 years in prison) felony if:
- A person:
- operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
- is intoxicated (DWI) and by reason of that intoxication causes the death of another by accident or mistake. for drunk drivers who by reason of their intoxication kill another person.
In order to prove intoxication manslaughter the intoxication must be shown to be the legal cause of the death.
Our Houston DWI Attorney Mission
With a 40% dismissal or not guilty rate our Houston DWI attorneys are well-equipped to provide you with the best possible outcome. DWI accusations can have a costly effect on your livelihood and our innovative approach will ensure your future is protected. Don’t just take it from us, see what former DWI clients have to say. We look forward to working as your DWI criminal defense lawyer.
Overview of DWI Penalties
Conviction | Punishment | Potential Jail or Prison Time | Maximum Fine | License Suspension |
DUI (under 21) | Class C Misdemeanor | None | $500 | 1 year |
| DWI | Class B Misdemeanor | 180 days | $2,000 | 90 days – 1 year |
2nd DWI
| Class A Misdemeanor | 1 year | $4,000 | 180 days – 2 years |
| 3rd DWI | 3rd Degree Felony | 2 – 10 years | $10,000 | 180 days – 2 years |
| Intoxication Assault | 3rd Degree Felony | 2 – 10 years | $10,000 | 180 days – 2 years |
| Intoxication Manslaughter | 2nd Degree Felony | 2 – 20 years | $20,000 | 180 days – 2 years |
| DWI with Child Passenger | State Jail Felony | 180 days – 2 years | $10,000 | 180 days – 2 years |
| Open Container | Class B Misdemeanor | 6 – 180 days | $2,000 | 90 days – 1 year |
| DWI with alcohol concentration 0.15 or higher | Class A Misdemeanor | 1 year | $4,000 | 90 days – 1 year |
People also ask
Yes, a DUI is a criminal offense in Texas. While the acronyms DUI and DWI are often used interchangeably, under Texas law they are two seperate and distinct criminal offenses. Driving Under the Influence or DUI applies to minors. For purposes of alcohol, a minor is anyone under twenty-one years of age. DUI is a criminal offense in Texas if a minor operates a motor vehicle in a public place with any detectable amount of alcohol. A first-offense DUI is punishable up to a $500 fine, a twelve hour alcohl education program, driver’s license suspension not to exceed 1 year, plus additional court costs and fees.
Driving While Intoxicated or DWI is a criminal offense in Texas if a person operates a motor vehicle in a public place while intoxicated. Intoxicated is defined as not having the normal use of your mental or physical faculties by the introduction of alcohol or drugs or having an alcohol concentration of 0.08 or higher at the time of driving. A first-offense DWI conviction is a Class B Misdemeanor, punishable up to 180 days in the county jail and/or up to a $2,000 fine. A second-offense DWI conviction is a Class A Misdemeanor, punishable up to 1 year in jail and/or up to a $4,000 fine. If you have an alchol concentration 0.15 or higher at the time of test the DWI will be enhanced to a Class A Misdemeanor. You can be charged with a Felony DWI in Texas if you have two prior DWI convictions, drove while intoxicated with a child passenger younger than 15 years of age, committed the criminal offense of intoxication assault, intoxication manslaughter, or felony murder.
The maximum punishable jail time for a first offense DUI is up to a $500 fine in Texas. Remember a Texas DUI refers to any minor, younger than twenty-one years of age, who operates a motor vehicle in a public place while having any detectable amount of alcohol.
The maximum punishable jail time for a first offense DWI is up to 180 days in jail and/or up to a $2,000 fine. A first offense DWI is a Class B Misdemeanor in Texas. Certain factors may increase the punishment range.
The main difference between a DUI and a DWI boils down to the age of the driver. Under Texas law, a person 21 years or older who operates a motor vehicle in a public place while intoxicated can be charged with the criminal offense of DWI. If the person is under the age of 21 and operates a motor vehicle in a public place with any detectable amount of alcohol they can be charged with the criminal offense of DUI.
A DUI is a Class C Misdemeanor in Texas. A DUI applies to minors under the age of 21. A DWI is a Class B Misdemeanor in Texas if it is a first-offense. A DWI is a Class A Misdemeanor if it is a second-offense. A DWI is a 3rd Degree Felony if it is a third-offense or more.
Texas DWI Lawyer Service Areas
DWI Lawyer – Houston – Harris County ⎮ DWI Attorney – Fort Bend County ⎮ DWI Lawyer – Montgomery County ⎮ DWI Attorney – Galveston County ⎮ DWI Lawyer – Brazoria County ⎮ Texas DWI Attorneys
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Superb 10.0 Lawyer Rating
Criminal Defense
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Board Certified
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Sam Adamo was one of the first Texas criminal defense attorneys to be honored as a board certified criminal law specialist.
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Named “. . . one of the outstanding criminal defense attorneys in Houston . . . ” by the Houston Chronicle.
Former Prosecutor
Special Crimes
Sam Adamo worked as a Harris County prosecutor while forming and leading the first special crimes division.
Former Counsel
Houston Police Union
Known as a trusted criminal defense source, Sam Adamo provided consulting and counseling for the Houston Police Officer’s Union.
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(713) 568-7011
3200 Travis 4th Floor Houston, TX 77006
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