Rudri Bhatt Patel is a former lawyer turned writer, editor, and educator. She's written locally and nationally on a variety of subjects including finance and law. She also teaches courses on essay and article writing.
Rudri Bhatt Patel
Rudri Bhatt Patel is a former lawyer turned writer, editor, and educator. She's written locally and nationally on a variety of subjects including finance and law. She also teaches courses on essay and article writing.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Houston is known for its sports teams like the Texans and Rockets, as well as its diverse food scene, featuring Tex-Mex and fusion South Asian cuisine. It’s no surprise that many people drive to get to their favorite sporting event or restaurant. The fourth most populous city in the country means packed freeways and busy service roads for the city’s drivers.
Sometimes these drivers may face the risk of getting stopped by the police who may charge them with a DUI or DWI. In those cases, you will likely need an experienced DUI lawyer in Houston to educate you on the legal process and whether or not you’re in danger of losing your driver’s license.
Find the best attorney to help you make certain your rights are protected and that you have a stake in your case.
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Best DUI Attorneys in Houston, TX
Compare Top DUI Attorneys
DUI Laws in Texas
Driving under the influence (DUI) starts as a Class B misdemeanor in Texas, but it can become a Class A misdemeanor based on the level of a driver’s intoxication and a felony if there are any passengers in the vehicle who are under 15 years of age. Under the DUI laws in Texas, it is prohibited for any individual to operate a motor vehicle, which includes a car and boat, under a detectable amount of alcohol for any individual. Your levels of intoxication will be measured to determine if you are over the acceptable limit of alcohol in your system.
Understanding the general guidelines of DUI laws will give you a perspective on what to know and where to start should you need to find a DUI lawyer in Houston.
Legal Blood Alcohol Concentration (BAC) in Texas
You may be curious to know how much alcohol is considered too much or beyond the legal blood alcohol concentration (BAC) in Texas. For an individual who is 21 years or older, a BAC level over .08% is considered over the legal limit. You will be charged with a DUI in Texas if your BAC level is over .08%.
A BAC of 0.15% is considered an “enhanced” BAC, and you will face harsher penalties including larger fines, a longer suspension of your driver’s license privileges, and possibly mandatory minimum incarceration.
Also, zero tolerance laws apply to individuals who are younger than 21 and are found to be operating a motor vehicle. The BAC level for a Driving Under the Influence of Alcohol by a Minor (DUIA by a Minor) and any detectable amount of alcohol will result in a DUI charge.
Implied Consent Laws in Texas
Implied consent laws apply all across the country. In Texas, implied consent generally means that an individual who is operating a motor vehicle on the roads and freeways automatically agrees to consent to have their BAC levels measured by an officer. If a law enforcement officer finds probable cause (reasonable grounds) to stop a driver for suspected intoxication, the driver must submit to this test. Officers are required to tell drivers that the BAC test is mandatory, and refusal to comply will lead to consequences.
If your BAC level is higher than .08% or you refuse to take the BAC test, your license will be automatically suspended and you lose your right to drive.
If you consented to a BAC test and the results indicate a BAC level of .08% or higher, the Texas Department of Public Safety will send you a license suspension notice by mail. From the time you receive this mailed notice, you’ll have 20 days to request a hearing. If you do not request this hearing within the designated period, your suspension will become effective 40 days after it is presumed you received the notice.
On the other hand, if you refuse to undergo a BAC test, your driver’s license will be immediately confiscated, and you’ll be issued a temporary driving permit. You’ll have a 15-day window to request a hearing to contest the impending license suspension. If you fail to initiate this hearing within the specified timeframe, your suspension will take effect 40 days from the date you were served with the suspension notice.
Aside from the administrative license suspension, it’s important to note that you will likely face criminal charges, and if convicted, you’ll be subject to additional penalties.
DUI Penalties in Texas
Under Texas DUI laws, individuals may face criminal penalties if a prosecutor successfully proves their guilt beyond a reasonable doubt in a drunk driving trial. Penalties can escalate significantly for repeat DUI offenders.
The following illustrates the potential repercussions of operating a vehicle while intoxicated in Texas:
First Offense:
- Fine: Up to $2,000
- Jail Time: 3 to 180 days
- License Suspension: Up to 1 year
Second Offense:
- Fine: Up to $4,000
- Jail Time: 1 month to 1 year
- License Suspension: Up to 2 years
Third Offense:
- Fine: $10,000
- Jail Time: 2 to 10 years
- License Suspension: Up to 2 years
Additionally, individuals convicted of DUI may be required to undergo drug and alcohol counseling, install an ignition interlock device in their vehicle, or fulfill other court-imposed obligations.
Furthermore, in certain situations, individuals may face additional penalties beyond the standard consequences set by Texas DUI laws. For instance, if an impaired driver has a child under the age of 15 in their vehicle, they could be charged with child endangerment.
Child endangerment related to impaired driving can lead to extra penalties, including a fine of up to $10,000, an additional jail term of up to two years, and an extended suspension of driving privileges for an extra 180 days.
What to Expect After a DUI Arrest in Texas
If a police officer has probable cause to stop you for suspected intoxication operating a motor vehicle or boat, you will be required to take a BAC test under the implied consent laws. If you refuse to take the breath or blood test or your BAC returns higher than .08% you will lose your right to drive.
If you refuse to get tested for your BAC level, your license will be revoked immediately and you will be issued a temporary driving permit. You have 15 days to request a hearing regarding your license suspension. If you don’t request this hearing, your license will be suspended 40 days after you were served notice of the hearing.
If your BAC level registered as .08% or higher, you will receive a notification through the mail regarding your license suspension. You have 20 days from the receipt of notice suspension to request a hearing. After 40 days of the receipt of the notice the license suspension will go into effect.
After arrest, you may be booked and face additional penalties if convicted.
How Can an Attorney Help You?
There are several ways an attorney can be a powerful ally in helping you defend your DUI charge. An attorney will help you do the following:
- Review the facts of your case at the initial consultation. An attorney will go over the circumstances of your case and information related to your arrest and will evaluate any field sobriety tests and breathalyzer results.
- Evaluate your case. An attorney will review evidence, police reports, and other documentation with regard to your case. They will take a look at the prosecution’s case and decide potential defenses.
- Devise a legal strategy. An attorney can assist with a legal plan for your case, including whether to question the legality of the traffic stop or contest the validity of the sobriety tests. It is the attorney’s role to help suppress evidence that was obtained improperly.
- Representation in court proceedings. An attorney will help you with representation in all matters that require a court hearing. There will be an administrative hearing after your DUI charge regarding your driver’s license. The attorney can contest the suspension or request a restricted license.
- Negotiation. An attorney can broker negotiations with the prosecutor for a reduced charge, lesser penalties, or alternative sentencing options.
- Knowledge of local courts. An attorney familiar with court practices and local rules of the judges will help in putting your best foot forward in court.
- Enrollment in alcohol or treatment programs. An attorney can help you enroll in a program, which can show a good faith effort to the court to lessen penalties.
How to Choose the Best DUI Lawyer in Houston, TX
When you begin to search for a DUI attorney, consider the following tips:
- Look for lawyers with DUI experience. You want to find a lawyer that has experience defending DUI cases. Get a sense of how many clients they’ve represented with similar circumstances and the outcome of those cases. If they are reluctant to answer or give a response that is unsatisfactory, you may want to seek other counsel.
- Investigate qualifications. You can look up any attorney (practicing or not) on the State of Texas Bar website. The profile will show if the attorney is active and whether they have faced public reprimands or suspensions in their professional career. You can also find out if they have additional specializations, like a board certification in criminal law defense.
- Read results and reviews. Attorneys may post results from their DUI/DWI cases, as well as testimonials from other clients. You can also ask the attorney about references and whether or not they are willing to share those names and numbers with you.
- Seek a consultation. Many attorneys will offer a consultation. From this initial meeting you can determine their communication style and whether or not you feel like it is a right fit for you. Trust your gut.
- Find out their availability. Ask direct questions regarding the attorney’s caseload and how much time they will have to do a deep dive into your case. If there is any indication that the attorney is overwhelmed or doesn’t have the appropriate staff to keep up with a client’s needs, it may be a sign to seek other legal counsel.
- Inquire about payment and fees. Hourly fees with an attorney can become expensive. Make certain you understand how much it will cost for representation before you agree to retain your attorney.
Methodology
To come up with the best DUI lawyers in Houston in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Will I be able to get my DUI conviction expunged (removed) from my record in Texas?
If you’ve been convicted of a DUI charge, you will not be able to remove it from your record. In some cases, you may be eligible to have your DUI conviction sealed from the public, but this requires a specific legal process. There is a waiting period to request expungement and this time period depends on your case.
What is a prosecutor required to prove to get a DUI conviction in Houston?
A prosecutor must comply with the requirements set forth in the Texas Penal Code Section 49.01. The prosecutor must prove only one of the following:
- While operating a motor vehicle, the driver was impaired through alcohol or narcotics.
- At the time of operating the motor vehicle, the driver’s BAC level was 0.08% or higher.
How much does it cost to hire a DUI attorney in Houston?
It can cost from several hundred to thousands of dollars to defend a DUI case. Each case is different depending on the circumstances and complexity. Some attorneys may charge a flat fee while others may bill hourly. At your initial meeting with the attorney, ask for specifics about pricing, payment arrangements, and whether they will agree to payment plan options.
