Houston DWI Attorney

Arrested for a driving while intoxicated (DWI) offense in Houston? It is an intimidating experience to face criminal charges and administrative penalties for DWI, but you don’t have to handle this alone. There is a qualified and knowledgeable Houston DWI lawyer at Greco Neyland ready to help. We have extensive experience as criminal lawyers defending against DWI, drug charges, and other criminal offenses in Texas.

It’s late. You are on your way home. You have had just a couple of drinks at dinner. You have no reason to be concerned about anything UNTIL you see those red and blue lights flashing behind you. You think you are getting a traffic ticket until the focus of the officer’s questions shifts from your speed to the amount of drinks you have had and the location of the bar you just came from.

The next thing you know, you are being asked to perform roadside exercises called standardized field sobriety tests. A million things are going through your mind right now. However, in an instant, you are being asked to turn around and place your hands behind your head. You are now being arrested and charged with DWI. Your nightmare is only beginning.

Learn more about our approach to criminal defense at our DWI defense law firm.

Experienced Team of DWI Attorneys in Houston, TX

Texas is among the states that have a separate criminal statute to specifically cover DWI for alcohol or controlled substances. Other states rely on the administrative statute to also define the criminal offense. Texas’ statute is found at Section 49.09 of the Texas Penal Code. The law states:

• It is a criminal offense to operate a motor vehicle in a public place while intoxicated; and
• Except in two instances, this criminal offense is a class B misdemeanor in Texas, with a minimum punishment of 72 hours in jail.

If there is an open container of alcohol in the vehicle, it is a class B misdemeanor, punishable by a minimum of six days in jail.

The second set of circumstances that warrant higher criminal charges is an excessive blood alcohol content (BAC). If the defendant has a BAC of 0.15 or higher as measured by a breath test, then the offense is classified as aggravated and punished as a class A misdemeanor. The maximum punishment for conviction of an aggravated DWI in Houston is one year in jail.

How to Respond to a DWI Charge in Houston, Texas

It may be challenging to know how to respond after receiving a DWI charge in Texas. There are several factors that can influence this charge, and some may not be your fault, but it is essential that you respond carefully to protect your rights and build a strong defense. The following are steps you can take immediately after receiving a DWI in Houston, TX. These allow you to handle the situation carefully and set a strong foundation for your defense:

• Remain calm and do not admit guilt: It is vital that you remain calm, composed, and cooperative during your interaction with the police. Do not admit to drinking or using any substances, and politely decline to answer any questions.
• Exercise your right to remain silent: If the police are inquiring about where you are coming from, how much you’ve had to drink, and more, politely inform the officer you are choosing to remain silent and would like to speak with an attorney. Do not answer further questions without a Houston DWI Lawyer present.
• Comply with lawful requests: Provide your driver’s license, registration, and proof of insurance to the officer and follow their instructions. It is important to note that you do not have to consent to any searches of your vehicle or property.
• Sobriety tests information: You can refuse field sobriety tests like walking in a straight line or the one-leg stand, but this can negatively impact you in court. While you can refuse the breathalyzer or blood test, it may result in a driver’s license suspension. It is important that you weigh the consequences carefully.
• Contact an attorney: As soon as possible, contact a qualified local Houston DWI attorney. Do not discuss your case with anyone other than your attorney, and ensure they know the full details of your case.
• Document everything: It is important to keep a record of everything you remember from the traffic stop, arrest, and any interactions with the police as soon as you are able. Include specific details such as the time, location, what the officer said, and your response.

By following the above steps, you can better protect your rights and improve your chances of a favorable outcome in your DWI case. Working closely with an experienced Houston DWI Lawyer is crucial in navigating the legal process and building a strong defense.

Texas DWI Statistics

According to the Texas Government Code Chapter 411.049, the Department of Public Safety is required to publish annual reports of DWI statistics. These summary reports provide information on the number of DWI charges reported and the outcome of the original charges. In 2025, a total of 90,453 DWI charges were reported. Of these reports:

• 2,060 were released with no charges
• 908 pleaded not guilty
• 17,727 pleaded guilty
• 12,679 were convicted of the original charges
• 5,223 were convicted of another charge
• 3,167 were dismissed

If you live in Houston and are facing allegations of a DWI, your case is handled at the Harris County Criminal Justice Center. Misdemeanor cases are heard in the Harris County Criminal Courts at Law, while felony cases are heard in the Harris County State District Courts.

The table above shows Texas DWI case statistics from 2015-2022 based on official Texas Department of Public Safety data, showing trends in driving under the influence incidents.

Things To Know About DWI Defense

In Houston, Harris County, and elsewhere in Texas, the Penal Code and other criminal statutes dictate that certain circumstances and situations warrant a greater criminal punishment.

• DWI with a child passenger: Section 49.045 makes it clear that DWI, whether for alcohol or drugs, is a heightened offense in Texas. This is a felony throughout the state.
• Intoxication assault: If you cause serious harm or bodily injury to another individual while operating a motor vehicle intoxicated, it is an offense called intoxication assault in Texas. This offense is a third-degree felony.
• Intoxication manslaughter: Causing the death of another person while operating a vehicle while intoxicated is considered intoxication manslaughter and is treated as a second-degree felony.

Each of these heightened crimes is serious, with lengthy jail and prison sentences, which is even more reason to build a strategic and robust defense with Greco Neyland, PC. With your future and freedom at stake, you must hire an experienced Houston DWI Lawyer at Greco Neyland, PC for your case.

Specialty DWI Scenarios

There are many unique circumstances that could affect a DWI charge. Examples of these particular circumstances include:

• Drivers who hold a commercial driver’s license (CDL): According to the Texas Transportation Code 522.081, the legal BAC limit for CDL holders is lower than the standard limit at 0.04%. If you are convicted of a DWI while holding a CDL, a first offense results in a one-year disqualification period, while a second offense results in a lifetime disqualification period.
• Drivers who hold a hazardous materials placard: Receiving a DWI while possessing a hazardous materials placard can result in a three-year disqualification period for a first offense, and a lifetime disqualification for a subsequent offense.
• Prescription and marijuana DWI: Any substance that causes you to lose the normal use of your physical or mental abilities can result in a DWI charge. Even when a medication is legally prescribed, that is not a valid defense to justify DWI. Blood tests can be used to verify the presence of marijuana and other drugs. Many officers have undergone Drug Recognition Expert (DRE) training to better identify when substances have impaired driving.
• DWI and university discipline: Being charged with a DWI or an underage DUI as a college student includes additional penalties. Many colleges in Texas, including the University of Houston, have a zero-tolerance policy for students’ drinking. Students often face a disciplinary hearing in addition to the criminal charges. Students could lose scholarships, be barred from extracurricular activities, or lose Federal financial aid.
• Out-of-state travelers and DWI: If you are not a Texas resident and are charged with a DWI, you could face additional hardships. In addition to the inconvenience of being arrested, the case is filed in the county where the arrest was made, so you are required to return for any court dates. Your home state is also notified of the arrest through the Driver’s License Compact. You could face penalties in Texas and your home state.

Many DWI charges are complex and need the experience of a skilled Houston DWI attorney to review the charges and determine an appropriate defense strategy. If you are out of state, you may have the option of being represented by your attorney in court, saving you the inconvenience of traveling back for one or more court appearances.

15-Day Deadline for Your ALR Hearing

The first thing that needs to be done as soon as you are out of jail is to mark on a calendar 15 days from the date of your arrest. This is of critical importance because you have only 15 days to request your administrative license revocation (ALR) hearing, or it is deemed to have been waived. Your Houston DWI attorney can represent you during the ALR hearing.

A surefire way to find out whether you are dealing with a DWI lawyer or not is if they mention your ALR hearing. A DWI lawyer knows that the ALR hearing is a critical component of any DWI case.

If the person you have consulted with, either on the phone or in person has failed to mention anything about your ALR (or worse – suggested that you show up for it yourself and handle it on your own!!!) then you need to run as far from that lawyer as possible and start searching for a DWI Attorney Houston and not a plea bargain lawyer.

After this 15-day deadline has been calculated, you need to begin your search for a DWI lawyer in Houston. You may be asking yourself, “Well, aren’t all criminal defense lawyers also DWI defense lawyers?” The answer to that question is a loud, rumbling, NO!!!! That would be like asking if all cars are the same. Sure, they can all take you from point A to point B, but getting there in a Yugo is a different experience than arriving in a Ferrari.

The Yugo may not even make it the distance to get you where you need to go. The same can be said for your “run of the mill” defense lawyer. They are like the Yugo. Just because they call themselves a criminal defense lawyer does not mean they actually know what they are doing when it comes to defending someone charged with a DWI.

Ask about their level of experience handling and trying DWI cases. Plea bargain lawyers love the first part of this question because it means they get to tell you they have handled 1,000’s of DWI cases. At first glance, it seems like you might have found your lawyer.

However, when you ask them how many DWI cases they have tried to a verdict in the last five years, the number is often zero or one. That is when you know you have found a plea bargain lawyer who is interested in pleading you guilty and never planning on advocating for you in trial.

Do your homework. Find the DWI lawyers in Houston, TX who have actually tried DWI cases to juries. Interview these Houston DWI defense attorneys in person. Make sure you are completely comfortable with the lawyer you choose to represent you in your DWI case. After all, the choice of who you have as your lawyer in this case could be the most important decision you make.

• DWI – 1st Time Offender
• Aggravated DWI – BAC 0.15
• Repeat Offense DWI – 2nd (Class A Misdemeanor)
• DWI With Child Passenger
• Felony DWI – 3rd or More

What Are the Administrative Penalties?

The administrative penalties for charges are separate from any criminal punishment. To start, these administrative penalties are assessed upon your arrest and not based on a conviction. Even if you are acquitted of the criminal charges, you could still face these administrative penalties, which are determined by the Texas DMV, not a criminal court.

Similar to the criminal punishments for DWI, the severity of administrative penalties is usually based on whether this is your first or subsequent arrest for DWI in Texas. However, unlike the related criminal punishments, the maximum term of an administrative penalty is always the same. For any offense, the DMV can suspend your license for a maximum of two years. It is imperative that you contact a Houston DWI attorney to help you defend against your DWI charges.

If you have been arrested for DWI in Texas, you need a law firm with experience that can tackle your case. What should you look for when hiring an attorney? Someone who is familiar with Harris County would be a great place to start. Houston is a large city. Harris County is bigger than many imagine. You should retain a Houston DWI lawyer who knows the intricacies of the local and surrounding areas, as well as all DWI practice areas.

You should also hire a DWI lawyer who can give you a free consultation. A free consultation is a valuable time to present your attorney with your case details and get on the same page for an aggressive defense. Our law firm offers free consultations to those in Houston, Texas, and its surrounding areas. Greco Neyland has experience throughout the country and is known for our DWI defense.

This experience can go a long way. At Greco Neyland, PC, we are DWI lawyers who are former prosecutors in the area. We pride ourselves on our happy clients, and it shows.

Texas DWI Help

As Houston, TX DWI defense attorneys, we can give you the facts on DWI.

If you are looking for defense attorneys for your charge, look no further. It would be more favorable if you had an experienced law firm in Fort Bend County that is intimately involved with the DWI laws in the surrounding areas.

A DWI is a serious offense. Often, DWI cases can have severe consequences, including jail time, driver’s license suspensions, license revocation, and reduced driving privileges. These penalties can be even more severe if you hold a CDL, even if the offense occurred in your personal vehicle. Our team is familiar with the legal process, but how do you know if we’re the right criminal defense attorneys to hire?

At Greco Neyland, PC, we have worked as former prosecutors at the district attorney’s office. We have intimate knowledge of the legal process and use this knowledge for our aggressive DWI defense.

Why should you consider Houston DWI Lawyer Greco Neyland, PC to handle your DWI defense? No defense strategy is the same. You need aggressive representation that is tailored to your particular case to achieve a favorable result.

DWI convictions are incredibly severe in Texas. The first step that one should take if they have been accused of drunk driving, driving over the legal limit, underage DUI, or any other crime is to contact an attorney with significant experience in these types of cases.

The right legal team makes all the difference. The defense team at Greco Neyland, PC can help you with your DWI case. Your freedom depends on it.

Assistance You Can Receive From a Houston DWI Defense Lawyer

A Texas DWI defense lawyer can provide crucial assistance to help you navigate the complexities of a DWI case and work towards a favorable outcome. Below are just a few specific ways they can help:

• Providing legal insight into the details of your case so that you, as the client, understand your charge, the potential penalties, and your rights.
• Creating a strong defense strategy and plan by challenging the traffic stop, questioning the accuracy of the field sobriety tests, and disputing the chemical test results.
• Support negotiating with prosecutors to potentially reduce the charges and penalties against their client. They can negotiate a plea bargain for a lesser offense, such as reckless driving.
• They can represent their clients in court, advocating on their behalf in front of the prosecution, judge, and jury.
• Assistance with post-conviction issues such as expungement to mitigate the long-term impact of DWI charges on their client’s criminal record, and more.

Working with a trustworthy DWI Houston attorney can significantly impact the outcome of a DWI case and provide individuals with a chance to protect their rights and achieve a favorable result.

Professional Witnesses

In any given criminal case, there are professional witnesses to testify during the trial. Nine times out of ten, those “professional” witnesses are the State’s professional witnesses. Most defense cases do not involve professional witnesses, despite the absolute need for them. This is typically due to financial reasons, but there are a lot of professional witnesses who are nevertheless very financially reasonable, considering the value they bring to the case.

DWI cases are prime examples of criminal cases where a professional witness can be critical. Since breath testing and blood testing involve a lot of science that could be crammed down the jury’s throat, the need for a defense witness to counter that “science” is very demanding.

A qualified DWI defense attorney can properly advise you and consult with you about the process of retaining a professional and which professional is a good fit for your particular case.

• Defense Expert – Breath Test Expert
• Blood Test Expert

Work With a Skilled Houston DWI Lawyer to Avoid License Suspension and Penalties

As Houston DWI lawyers with 15 years of experience, we can tell you that the potential range of administrative penalties for a DWI includes:

• License suspension up to two years
• Installation of an ignition interlock device on your vehicle
• Payment of administrative and hearing fines
• A requirement to attend a DWI intervention or education program

Luckily, these administrative license revocation or penalties are not a foregone conclusion if you are pulled over by a police officer for alcohol or drugs. The lawyer who assists with your trial can also provide representation or counsel in an administrative hearing. If you are searching for legal advice from a law firm in Harris County or Houston, TX, contact our law office today for a free consultation.

FAQs About Houston, TX DWI Laws

How Much Does a DWI Lawyer Cost in Houston, Texas?

How much a DWI lawyer costs in Houston, Texas, depends on several factors that are unique to each case. These factors include the lawyer’s reputation and experience level, the complexity of the specific case, the location, the attorney’s fee and payment structure, and more. To receive an accurate estimate of total costs, speak with a trusted local lawyer. By sharing the details of your case, they can inform you of their payment requirements.

What Are the Odds of Getting a DWI Dismissed in Texas?

The odds of getting a DWI dismissed in Texas depend on the specific factors of the case. These factors include the quality of evidence presented, the skill of the defense attorney, the jurisdiction, whether it was a first-time DWI offense, and more.

Statistics on DWI dismissals can vary widely, which makes the exact odds challenging to determine. To elevate the odds of getting a DWI dismissed, work with an experienced DWI attorney who can establish a thorough defense strategy.

How Do You Receive a Favorable Result in a DWI Case in Texas?

To receive a favorable result in a DWI case in Texas, you need to build a solid defense and challenge the prosecution’s evidence. To improve your odds of a favorable outcome in a DWI case, you should enlist the support of a local and experienced DWI lawyer who can help you find holes in the prosecution’s case, challenge all evidence presented against you, such as questioning field sobriety tests and disputing chemical tests, and protect your rights throughout the process.

Do I Legally Need a Lawyer for a DWI in Texas?

While you do not legally need a lawyer for a DWI case in Texas, it is highly recommended. A DWI lawyer can help you understand DWI laws, receive a thorough evaluation of your case, pull out all strengths and weaknesses, challenge evidence presented against you, negotiate with prosecutors on your behalf, and represent you in court. It is possible to represent yourself, but an experienced DWI attorney can significantly improve the strength of your case.

What Is the Difference Between a DWI and a DUI?

The difference between a DWI (Driving While Intoxicated) charge and a DUI (Driving Under the Influence) charge in Texas generally lies in the age of the individual operating a vehicle. In general, a DUI is a term used for minors or individuals under the legal drinking age, while a DWI typically applies to adults. DUI penalties are also typically less severe than DWI penalties, but this varies by each unique situation.

Get a Free Consultation with a Houston DWI Lawyer

Houston based? Recently arrested for DWI? The time to hire a DWI defense lawyer is NOW. You can schedule a free initial consultation with our defense team at Greco Neyland and begin building a defense to any charges. Call us at 713-972-1100 and find a Houston DWI Attorney that will provide the criminal defense you deserve.

Houston, TX DWI Law Resources:

• Texas DWI Laws and Penalties
• Is Jail Time Mandatory For 1st DWI in Texas?
• How To Get 2nd DWI Charge Reduced in Texas?

Meet the Attorney:

Dustan Neyland

Partner at Greco Neyland, PC.

Dustan Neyland is a former Harris County prosecutor who spent years building DWI cases for the state. With over a decade of criminal defense experience and hundreds of dismissals to his name, Dustan personally investigates every case, visits crime scenes, and challenges every detail. He’s earned recognition as a Top 100 Criminal Trial Lawyer and won’t back down from fighting for the best possible outcome in your case. If you’re facing DWI charges in Houston, get in touch!

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Greco Neyland, PC – Houston, Texas Office