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Every DWI Charge Is Different. Your Defense Should Be Too.
No two DWI cases are alike. Two people can face the same charge and walk into court with entirely different facts, evidence, and legal exposure. The charge shapes everything: what prosecutors must prove, what penalties apply, and what avenues are realistically available to the defense.
At Denuna & Westbrook, PLLC, we represent individuals charged with DWI-related offenses throughout Houston and the Gulf Coast region, including Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County, and Waller County.
A first-time DWI and a felony DWI both start with the same allegation, but that’s where the similarity ends. Some charges require prosecutors to prove only that a person was intoxicated while operating a vehicle. Others require proof of additional facts: prior convictions that qualify for enhancement, a child passenger under fifteen, serious bodily injury, or a fatality caused by the collision. Knowing exactly what’s been charged is the starting point for everything else.
Texas law draws a sharp line between misdemeanor and felony DWI. A first-time DWI offense is generally a misdemeanor. Add a prior conviction, a child passenger, an accident with serious injuries, or a death, and the charge becomes a felony with consequences that reach far beyond the courtroom into employment, licensing, housing, and more.
Every DWI prosecution in Texas starts with the same foundation: the State must prove that a person operated a motor vehicle in a public place while intoxicated. Texas law recognizes three ways to prove intoxication:
It’s easy to assume a DWI case comes down to a breath or blood test number. Prosecutors don’t always see it that way. Officer observations, field sobriety tests, video footage, and witness accounts may become the core of the State’s case, with or without a chemical test result behind them.
Intoxication is the common thread, but the issues that drive each case look nothing alike.
A first-time DWI turns on the traffic stop or welfare check, the field sobriety tests, and the reliability of chemical testing.
A drug-related DWI pulls in toxicology reports, Drug Recognition Expert testimony, and whether detecting a substance is the same thing as proving impairment.
A felony DWI creates two separate burdens for the State: proving the current offense and demonstrating the prior convictions actually meet the legal requirements for enhancement.
Intoxication assault and intoxication manslaughter shift the focus further still, requiring proof that intoxication caused the collision, not just that alcohol was present.
For drivers who hold a Commercial Driver’s License, a DWI arrest creates consequences that go well beyond the criminal case. A lower BAC threshold of 0.04% applies when operating a commercial vehicle, and a conviction in a personal vehicle can still trigger CDL disqualification. A first offense means at least a one-year CDL disqualification. A second means lifetime disqualification.
Texas zero tolerance law means any detectable amount of alcohol in a driver under 21 is enough for a criminal charge. The standard 0.08% threshold doesn’t apply. A first offense is a Class C misdemeanor, but the record consequences are real and can surface in college admissions, employment, and professional licensing long after the case is closed.
An arrest reflects what an officer believed at a particular moment. It’s not a finding of guilt. The traffic stop, field sobriety procedures, chemical testing, and the overall quality of the investigation can each shape what the State is ultimately able to prove. Cases that look straightforward at the time of arrest sometimes look very different once the evidence has been fully reviewed.
“An arrest reflects what an officer believed at a particular moment. It’s not a finding of guilt.”
The pages in this section address each DWI offense individually, covering what the State must prove, the issues that most commonly arise, and what the defense looks like in practice. If you’ve been charged with a DWI-related offense in the Houston area, start with the page that applies to your situation.
If you’ve been charged with a DWI offense in Texas, the decisions made now can shape what options are available later.
Denuna & Westbrook, PLLC represents individuals charged with DWI-related offenses throughout Houston and the Gulf Coast region, including Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County, and Waller County.
Call 713-966-0253, email info@texasdwlaw.com, or reach out online to schedule a confidential consultation.
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