Driving While Intoxicated (DWI) Offenses
Experienced Drunk Driving Defense Attorney in Houston
If you have been arrested in Houston, Texas, for DWI/DUI, then you need
a good criminal defense lawyer who cares as much about the best possible
outcome to your case as you do, and one who will fight to protect your
rights. I am
Houston DWI/DUI attorney Mark A. Morasch, and I have
more than 20+ years of experience as a criminal defense attorney and prosecutor. Anyone can make a mistake.
I do not believe that your future should be lost because of a single error
Contact me to learn how I can help.
Understanding DWI/DUI Consequences in Texas
If you have been arrested for DWI/DUI in Texas, there are several things
that you need to know about the consequences:
- A Deferred Adjudication is not available for individuals charged with DWI.
- A Petition for Non-Disclosure is available in very limited number of cases.
- A DWI conviction cannot be expunged.
- There is no early release from DWI probation.
- An individual's driver's license can be suspended for at least
90 days and in some cases, up to two years.
- In Harris County, there is a pretrial diversion program commonly referred
to as DIVERT, which is available only if you pass the very restrictive
screening process, then after a year of probation your case is dismissed
and you have no conviction for DWI, and your driver's license will
not be suspended because there was no conviction, and you can eventually
expunge the case from your record.
To be convicted of DWI in Texas, the state must prove that you were operating
a motor vehicle in a public place, and that at the time of operation you
had an alcohol concentration of .08 or more; or that you did not possess
the normal use of your mental or physical faculties because of alcohol or drugs.
My law firm can assist with the following:
Texas Penal Code Section 49.04. DRIVING WHILE INTOXICATED.
(a) A person commits an offense if the person is intoxicated while operating
a motor vehicle in a public place.
(b) Except as provided by Subsection (c) and
Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum
term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the
time of the offense the person operating the motor vehicle had an open
container of alcohol in the person's immediate possession, the offense
is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If is shown on the trial of an offense under this section that an analyis
of a specimen of the person's blood, breath, or urine showed an alcohol
concentration level of 0.15 or more at the time the analysis was performed,
the offense is a Class A misdemeanor.
Texas Penal Code Section 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or (C) 67 milliliters of urine.
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of
the introduction of alcohol, a controlled substance, a drug, a dangerous
drug, a combination of two or more of those substances, or any other substance
into the body; or
(B) having an alcohol concentration of .08 or more.
To learn about your legal options following a drunk driving arrest, call
713-got-aDWI (713-468-2394) or
contact my law firm online for a response the next business day. I offer payment plans and accept
Visa, MasterCard, Discover Card, and American Express.
If you have been arrested for DWI second offense in Texas, contact an experienced
criminal defense lawyer as soon as possible. This is considered a Class
"A" Misdemeanor, which is punishable by not less than 30 days
and up to one year in the County Jail and/or up to $4,000 in fines, or
probation for as long as two years and which would also include mandatory
jail time and driver's license suspension for as long as two years.
There is no limit on how long ago your prior DWI conviction occurred, the
state of Texas can use any prior DWI conviction to enhance your current
Contact a Houston DWI 2nd offense lawyer from Mark Morasch, Attorney at Law to schedule a free initial consultation.
Helping You Seek the Best Possible Results
The stakes are high for anyone charged with a second or subsequent DWI/DUI.
With so much on the line — including large fines, prison time, and
license suspension — it is important to talk to an experienced criminal
defense lawyer who is familiar with the full scope of legal options available,
which may keep you out of jail, keep your driver's license from being
suspended, and even prevent you from being convicted.
Thorough preparation can help in pursuing results such as these. As a criminal
defense lawyer with more than 15 years of experience, I have handled numerous
cases like your own. I am committed to defending people who are interested
in seeking the best possible results after a single error in judgment.
I will be there with you at all times and see your case through to its
Texas Penal Code Section 49.09. ENHANCED OFFENSES AND PENALTIES. (a) Except as provided by Subsection (b), an offense under
Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days,
if it is shown on the trial of the offense that the person has previously
been convicted one time of an offense relating to the operating of a motor
vehicle while intoxicated, an offense of operating an aircraft while intoxicated,
an offense of operating a watercraft while intoxicated, or an offense
of operating or assembling an amusement ride while intoxicated.
Find out more about these related topics:
Get the Help You Need 24/7 from a Houston Repeat DUI Attorney
To speak to an experienced Harris County criminal defense attorney about
your DWI/DUI charges, please
contact my office to discuss your case. Call
713-468-2394 (713-got-aDWI). I offer payment plans and accept Visa, MasterCard, and Discover.