Fighting For Your Rights Across Southeast Texas

Get A Montgomery County DWI Defense Lawyer Who Knows The Ropes

DWI convictions in Texas come with hefty consequences. One arrest could not only land you behind bars for the night, but also cost you your reputation, job and driver’s license.

You need a lawyer who won’t hesitate to pull out all the stops for you. At Paul Damico Law, PLLC, you can entrust your case to a former prosecutor with more than 20 years of experience in Texas criminal law. Paul knows how much is at stake. He takes an aggressive stance toward protecting his clients and fighting for outcomes that preserve their freedom, driving privileges, clean criminal record and reputation.

Penalties For A First-Time DWI In Texas

If this is your first DWI, and perhaps your first encounter with the law, it’s scary to navigate the justice system. A conviction could result in penalties such as:

  • Jail time ranging from 3-180 days
  • Suspension of your driver’s license for up to a year
  • Fines totaling up to $2,000

Additionally, having a conviction on your record will show up in background checks, which can limit your job prospects and other opportunities.

Penalties For Repeat DWIs In Texas

A repeat offense carries much steeper penalties, including:

  • Up to a year in jail for a misdemeanor, or up to 10 years for a felony
  • Loss of your driver’s license for up to two years
  • Fines of up to $10,000

As you can see, repeat offenses are very serious, and it’s all the more essential to have a skilled DWI defense attorney.

When Does A DWI Become A Felony?

Not every DWI charge stays a misdemeanor in Texas. These circumstances can quickly raise the stakes and expose you to prison time, larger fines and long-term damage to your reputation and career:

  • DWI with a child passenger: If a child younger than 15 was in the vehicle, prosecutors can file a state jail felony even if this is your first arrest. These cases can also trigger CPS investigations that affect your family and personal life.
  • Third DWI offense: A third arrest can lead to a third-degree felony charge with possible prison time instead of county jail exposure.
  • Intoxication assault: If a crash allegedly caused serious bodily injury, prosecutors may pursue felony charges even when the injured person was a passenger in your own vehicle.
  • Intoxication manslaughter: A fatal accident connected to intoxication allegations can result in second-degree felony charges carrying severe prison sentences.

Because Paul Damico is 100% dedicated to criminal law, he directly addresses these high-stakes allegations by aggressively searching for government overreach or procedural errors.

Will A Texas DWI Arrest Ruin Your CDL Or Nursing License?

A DWI threatens more than your driving privileges; it can place years of hard work and career advancement at risk. Commercial driver license holders can face license suspensions that affect their ability to earn a living. Nurses and other licensed professionals may also be required to report arrests or convictions to state licensing boards.

Failing to establish a clear defensive strategy right away can leave your professional future up to the discretion of a strict disciplinary board. An aggressive, focused defense is the best way to avoid conviction and protect the professional licenses you hold and your career.

How Are Class A And Class B DWIs Different?

Both Class A and Class B DWI offenses are misdemeanors. Class A is more serious.

DWIs are Class A misdemeanors when your blood alcohol concentration is .15% or higher, or you have a previous conviction.

How Can You Beat A DWI Charge In Texas?

Building a strong DWI defense starts with examining how the arrest happened and whether law enforcement followed proper procedures. Defense strategies may include:

  • Challenging whether the officer had legal grounds for the traffic stop
  • Questioning field sobriety testing methods and officer instructions
  • Reviewing body camera footage for inconsistencies
  • Examining whether blood samples were stored or handled properly
  • Identifying errors or contradictions in police reports
  • Investigating whether medical conditions affected test results

Paul Damico spent years evaluating probable cause issues, suppression motions and criminal evidence from both the prosecutor’s table and the bench. That perspective allows him to identify weaknesses that many may overlook.

Frequently Asked Questions About DWI And DUI Charges In Texas

You may feel frightened when facing impaired driving charges. Many people believe inaccurate information about DWI offenses and their rights. The better you understand your rights and how the state responds to alleged impaired driving incidents, the better your chances of responding effectively to your pending Texas DWI charges.

What is the difference between DWI and DUI in Texas?

Some people assume that driving while intoxicated (DWI) offenses are the same thing as driving under the influence (DUI) offenses. However, a DWI and a DUI are actually two distinct legal infractions.

A DWI is the charge you may face if you are over the age of 21. If police officers claim you showed a clearly impaired ability to drive or that you failed a chemical test, then you may face DWI charges.

DUI charges are brought against underage motorists accused of driving with alcohol in their bloodstreams. Texas has a strict zero tolerance policy for underage drinking and driving. Any detectable amount of alcohol can justify a DUI charge if you are under the age of 21.

Should I take field sobriety tests in Texas, and can I refuse them?

Texas recognizes three standardized field sobriety tests as relatively credible. A police officer may ask you to perform the walk-and-turn test by following a straight line.

They might also ask you to perform the one-leg stand test. Officers may also ask you to follow a light or their finger with just your eyes. This is the horizontal gaze nystagmus test that looks for involuntary muscle spasms that become more pronounced if you have an elevated blood alcohol level.

Technically, you are not under any legal obligation to submit to field sobriety tests. You have the right to decline an officer’s request without risking immediate arrest or additional penalties.

What is an ALR hearing, and how long do I have to request it after a DWI arrest?

A driver’s license suspension is a standard penalty after a DWI arrest in Texas. An administrative driver’s license suspension begins automatically unless you request an administrative license revocation (ALR) hearing.

You only have 15 days after receiving notice of an impending suspension. Without a hearing, the state may automatically suspend your license 40 days after notifying you. If you do not request a hearing, that automatic suspension may last anywhere from 90 days to two years, depending on the circumstances.

Get Help From A Drunk Driving Defense Lawyer Who Will Put You First

Based in The Woodlands, DWI defense lawyer Paul Damico represents people throughout Montgomery County and Montgomery County. He understands the nuances of Texas DWI defense. Learn more about how he can protect you from the harsh consequences of the criminal justice system. Call 346-536-4814 or reach out online.