Houston DWI Lawyer

We do more than just defend you in court. We will help you avoid the worst consequences of your criminal convictions. We help clients with a variety of criminal matters, including:

• Drug Crimes
• Sex Offenses
• Family Violence
• Murder/Manslaughter
• Expunctions and Nondisclosure

Ayson Law Firm also maintains a comprehensive DWI defense practice covering Houston and Harris County. Call on us for help with any drunk driving arrest or related matter, including:

• DWI
• ALR Hearings
• DWI Sealing/Expunction
• DWI Diversion

Call us today for individualized, professional advice. Look to our video & FAQ page to learn useful information from our Houston DWI defense team, including:

• What Should You Do if You Are Pulled Over?
• What is the General Timeline Of A Drug-Related Case In Texas?
• What Are The Most Common Drug Offense Cases That We Handle?
• How Is Domestic Violence Defined In Texas?
• What Are The Penalties Of Being Convicted In A Domestic Violence Case?
• How Can You Get Your Conviction Expunged or Sealed?
• What Do You Need to Know About Field Sobriety Tests in Houston?

Our Houston criminal defense law firm is happy to schedule you a free consultation so that we can learn more about your situation, and you can learn more about us. We have many years of experience defending clients charged with all manner of crimes in Houston. We are ready to bring that experience to bear in working for you.

What Should I Do if I Am Pulled Over in Houston, Texas?

We all know the feeling we get in our stomachs whenever we hear the sirens and see those flashing lights. Even if you are obeying all traffic and safety laws, you still have a moment of panic, worried about what will happen next. What should you do when you are pulled over on suspicion of Driving While Intoxicated (DWI)? What are your rights? What should you avoid doing to keep matters from getting worse? Skilled and experienced Houston DWI defense lawyer Brian Ayson of the Ayson Law Firm tells you what you need to know if you get pulled over on suspicion of driving while intoxicated in Houston.

What should you do when you are pulled over?

If you are pulled over on suspicion of DWI, or for any traffic-related reason, stay calm and remember your rights. Be courteous, but do not let the police get away with more than they are authorized to do. Generally, you should do the following:

• Pull over your vehicle when and where it is safe to do so.
• Wait for the police to approach before rolling down your window.
• Comply with officer requests for documents (license, registration, proof of insurance).
• Do not get out of your car unless you are specifically asked to do so. Getting out of the car before the police approach is generally seen as an act of aggression. The officers could fear for their safety and draw their weapons.
• Avoid over-explaining yourself (for example, trying to justify speeding by saying there was an emergency). You are most likely just giving the police evidence to use against you.
• Ask for permission before reaching into your pockets or glove box to get your documents.
• Be polite and courteous, but do not do their work for them. Do not admit to any illegal conduct, including speeding, consuming alcohol, taking drugs, or violating any other traffic law or regulation.
• You can politely refuse to answer any questions that might incriminate you.
• If you are asked to take a sobriety test, you have the right to refuse. We generally advise against field sobriety tests (touching your nose, standing on one leg, etc.). Refusing to take a blood or breath test, however, carries additional consequences, which we discuss below.
• If you are arrested, call a DWI attorney (or call a friend or family member and ask them to find one for you) as soon as you get the chance to make a phone call.

What are your rights when you are pulled over?

It is important to know what you can and cannot do when you are pulled over, as well as what the police are and are not allowed to do. Below, we explain your rights under Texas state law:

• You must provide your driver’s license, proof of insurance, and registration when asked.
• You must exit the vehicle if asked by the police. Most routine traffic stops will not require you to get out of the car, but if the situation calls for it, and the police ask, you must comply.
• You have the right to know why the officer pulled you over. They must have reasonable suspicion of some infraction or crime to pull you over. This could be something as minor as speeding, failing to signal, or having a taillight out.
• You do not need to consent to a search of your vehicle. The police must have probable cause to believe a crime has been committed in order to search your vehicle without your consent and a warrant. They must have more than a hunch–for example, if they see an open alcohol container or drug paraphernalia, then they can search your car.
• The police cannot arrest you for arguing. It generally pays to be courteous during traffic stops, but you cannot be arrested simply for arguing. If the officer decides you are getting too heated and are threatening them, however, they might try to charge you with disorderly conduct or assault.
• You have the right to record the encounter, even if the officers object. If you choose to record the encounter, for example by using your phone, be careful: You do not want to escalate the situation unnecessarily and agitate an officer who might otherwise be lenient. Make sure to inform the officer that you are recording the incident so that they do not mistake your small device for a weapon.
• You must show the police your handgun or concealed weapon permits if you have a gun in your vehicle. You should let the officers know that you have a legal weapon in the vehicle to avoid accidentally escalating the confrontation.
• You have the right to remain silent. Other than providing your documents as mentioned above, you do not have to say anything during your stop. You do not have to incriminate yourself by answering questions like, “Why were you speeding?” “Why didn’t you signal?” or “Have you had any alcohol tonight?” Answers to these questions are likely to be used against you. You may politely decline to answer.

Can you refuse to take a sobriety test?

This is very important: You do not have to take a sobriety test just because the police request it, except under certain circumstances. That includes field sobriety tests, breathalyzer tests, and blood tests. Generally, field sobriety tests are inaccurate, and drivers may do more harm than good by agreeing to comply. Blood and breath tests, however, are another matter.

If you refuse to take a breath or blood test, the Texas government can take away your driver’s license (provided you do not request and succeed at an ALR Hearing). The police will ask you to sign a form stating you understand the consequences of refusing to take the test, and evidence of your refusal can be used against you to prove your guilt. Additionally, if you have prior DWI convictions or if someone was seriously hurt in an accident at the time of your arrest, the police could force you to take a test even without your consent.

Punishments for DWI Conviction

A DWI conviction is no joke in the State of Texas. Even a first offense can land a defendant in jail for a significant period of time. Multiple offenses lead to even more severe penalties, potentially upending a defendant’s life.

The typical punishments for a DWI conviction in Texas are as follows:

• First Offense DWI
  • Class B Misdemeanor
  • Fine of up to $2,000
  • Up to 180 days in jail
  • License suspension for up to a year
• BAC at or Over 0.015 (even on a first offense)
  • Class A Misdemeanor
  • Fine up to $4,000
  • Up to a year in jail
  • License suspension up to a year
• Second Offense DWI
  • Class A Misdemeanor
  • Fine up to $4,000
  • Up to a year in jail
  • License suspension up to two years
• Third Offense DWI
  • 3rd Degree Felony
  • Fine up to $10,000
  • From two to ten years in prison
  • License suspension up to two years

With additional prior criminal convictions, the penalties range even higher. Even if you are facing a first offense, you need a strong and dedicated legal advocate in your corner to reduce your fine, avoid jail time, and protect your driver’s license. Reach out to the Texas DWI defense team at Ayson Law Firm for help.

Protecting Your Driver’s License

One of the most frustrating results of a DWI or DUI conviction is losing your driver’s license. Having your license suspended can make it difficult to get to work or school, affect your ability to see your kids or go to the grocery store, prevent you from traveling long distances, and force you to waste time and money on public transit or other forms of transportation when driving would be much easier. Thankfully, there are ways to protect your license after a DWI arrest.

After a DWI arrest, your license suspension may not begin immediately. When you are arrested for DWI, your driver’s license will be confiscated and replaced with a Notice of Suspension that amounts to a temporary license for 40 days before the suspension kicks in. You can still drive until the automatic suspension starts. There will be a separate civil case aimed at suspending your driving privileges. Your license will be immediately suspended if you have a BAC of 0.08 or more, or if you refuse to submit to a breath or blood test, unless you exercise your right to a hearing as described below.

You can prevent the automatic suspension from taking place by requesting an Administrative License Revocation (ALR) hearing within 15 days. Getting an ALR hearing will delay your license suspension, even if you are convicted of DWI. You may have grounds to challenge your license suspension as well. A seasoned Houston DWI attorney can help you fight your license suspension while also battling your DWI charges, ensuring that your life is not upended just because a crime was alleged.

Get Help After Your Houston DWI Arrest

If you have been arrested for DWI in Texas, it is vital to get help from a seasoned Houston DWI defense attorney as soon as possible. The sooner you call, the stronger your defense will be. We can help you avoid the most serious consequences of a DWI conviction, protect your driver’s license, and avoid jail time. Call a dedicated DWI defense lawyer at the Houston offices of Ayson Law Firm today for a free consultation about your Texas DWI charges.

Ayson Law Firm Fighting for Your Rights

Ayson Law Firm…

• Will Make Your Case Our Top Priority
• Will Fight to Save Your Driver’s License
• Will Aggressively Defend Your DWI or Other Criminal Defense Charges
• Will Get You the Compensation You Deserve After Your Accident

Houston Car Accident Lawyer Fighting for Your Right to Compensation

In addition to our extensive criminal defense experience, Ayson Law Firm represents victims injured due to the negligence of others. If you were hit by a car because of another’s drunk driving, distracted driving, or other reckless behavior, you have the right to compensation. Whether the driver worked for a rideshare company like Uber or Lyft or was driving on their own free time, you are entitled to your medical costs, lost wages, and recovery for the pain and suffering you and your loved ones have endured as a result of your injuries. We help victims of all manner of negligence, including car crashes, slip and falls, bike accidents, and many others.

Do not wait to contact our Houston traffic accident and personal injury attorney for your free consultation. The sooner you call, the sooner we can help you build your case for a full recovery. Ayson Law Firm is ready to help you get the compensation you deserve after your Harris County accident.

Passionate and Dedicated Service to the People of Houston and Harris County

Founding attorney Brian Ayson earned his law degree at Thurgood Marshall School of Law in Houston, and while there, he interned at the Nueces County District Attorney’s office. He knows how the Texas justice system works, and he will make it work for you. With over ten years of experience practicing in Houston, Brian Ayson has a wealth of experience providing legal advice and representation concerning DWI, criminal justice, and personal injury matters.

Brian is happy to speak with you about your legal situation and provide you with the solutions that work for you. If you are looking for a professional and trustworthy Houston DWI attorney, celebrated Houston criminal defense attorney Brian Ayson is ready to hear your case.

Trusted Advice and Representation for Your Houston DWI, Criminal or Injury Case

Whatever the nature of your case, we will keep fighting until we get the best possible outcome for you. Our top priorities are the safety and satisfaction of our Texas clients. Call our Houston DWI lawyers today for a free consultation, and start building the better future that you deserve.