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Law Office of Alejandro Macias, PC

Houston DUI & DWI Lawyer

When Texas law enforcement knocks on your door, your legal journey is just beginning. I am leading Texas defense attorney Alejandro Macias. From the very start, I stand up for you and put a stop to abusive policing.

DUI & DWI Attorney in Houston

Drunk driving is the most commonly charged serious traffic violation in the State of Texas, and may be filed as either a felony or misdemeanor, based on many factors, including a defendant’s previous criminal record, whether or not a motor vehicle collision or serious injury occurred, and the level and manner of a defendant’s alleged intoxication.

Despite the fact that we have reached the point where increasing the penalties and reducing the threshold for arrest and conviction is not resulting in significant improvement in traffic safety, increased enforcement continues to ensnare many motorists who have never been in trouble with the law, and simply chose to consume alcoholic beverages while out with friends and family members.

Drunk driving convictions are the leading generator of municipal court revenue statewide. More than 90,000 motorists are charged with drunk driving each year in Texas. Most states charge drunk driving as either Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). But Texas has both: The DWI law applies to adults with a BAC over .08 while DUI applies to minors under the age of 21 who are found to have any amount of alcohol in their system.

Additionally, Texas has a lifetime lookback law, which means a drunk driving conviction will remain on your permanent driving record.

  • Texas DWI: Section 49.04 in the Texas Penal Code defines driving while intoxicated as a vehicle in operation in public by a driver whose mental and/or physical faculties are impaired by alcohol or drugs. A BAC of .08 or above establishes intoxication. Additional testing can be conducted if drugs are suspected.
  • Texas DUI: Can be charged even when a motorist’s BAC is below .08 if the driver is under the legal drinking age of 21. Any amount of an impairing agent can result in charges.

Texas Drunk Driving Penalties:

DWI First Offense
Up to $2,000 in fines.
3-180 days in jail.
Loss of driver’s license for 1 year.
Additional state fine of $3,000.
DWI Second Offense
Up to $4,000 fine.
30 days-1 year in jail.
Loss of driver’s license for 2 years.
Additional state fine of $4,500.
DWI Third Offense
$10,00 fine
2-10 years in prison.
Up to two years license suspension.
Additional state fine of $6,000.
Child endangerment - Child passenger
Additional fine of up to $10,000.
Additional jail time up to 2 years.
180-day driver’s license suspension.
Texas DUI law motorists under 21
First-Offense DUI
Class C misdemeanor with fine of up to $500 and 60-day driver’s license suspension.
Up to 40 hours of community service.
Alcohol abuse education.
Second and Third DUI
Penalties may be enhanced similar to a DWI conviction.
Drunk Driving Enhancements
DWI with Open Container
Minimum 6 days in jail
BAC over .15
Enhances penalties with a maximum fine of up to 1 year in jail and a $6,000 fine.

Houston Drunk Driving Defense

The state is faced with so many cases, courts count on most defendants quickly pleading guilty. Experienced DWI lawyers in Houston know that is a mistake. The lifetime lookback law in Texas will leave a drunk driving conviction on your record forever, and can significantly increase the penalties of future charges. Additionally, a drunk driving conviction can result in job loss, an inability to work in certain jobs or professions, adversely impact divorce, child custody or family law proceedings, and will cost at least $10,000 on average, including drastically increased auto insurance premiums for years to come.

In many cases, simply hiring an experienced DWI attorney in Houston can force the state to dismiss or reduce the charges against you. An experienced drunk driving defense lawyer will also challenge each element of your case, including probable cause for your traffic stop, results of field sobriety, breathalyzer or blood or urine tests, the training and conduct of officers involved, the maintenance and calibration of the testing machine, and many other aspects of your case.

Since 2019, the law also permits first-time DWI offenders to apply for deferred adjudication. Successfully completing this process can allow defendants to avoid jail time and a final conviction. Once community supervision is successfully completed, the DWI charge can be dismissed by the court. In other cases, your drunk driving defense lawyer can argue with the state for a reduction that will keep a drunk-driving conviction off your criminal record and eliminate the hassle and expense of arguing your case in court.

Alex Macias is an experienced Houston criminal defense lawyer who represents clients in state and federal court in Houston and the surrounding areas, including Fort Bend and Montgomery counties, Sugar Land, The Woodlands, Pearland, Knogwood, Katy, League City, Stafford, Friendswood, Richmond, Cypress, Clear Lake, Humble and Fulshear.

The Law Offices of Alejandro Macias, PC offers free and confidential consultations. Call 281-742-9508. ¡Se Habla Español!


What Our Clients Say

When it comes to a criminal investigation, the sooner you act, the better your ability to protect yourself will be. You have the right to an attorney, and you should use it. Call my office today at 281-742-9508. There is no time to waste.
  • testimonial placeholder female
    Teffy Poki
  • testimonial placeholder female
    I am going to rate this attorney 5 stars.He saved me in a crimnal court which everything was against me.I was about to lose my residancy in the states if i plead guilty.He dismissed my case professionally and after that dismissal i could get my american citizenship. God bless Alejandro!
    Maryam Sadat Ebrahimi Roshan
  • testimonial placeholder male
    Alejandro Macias is the best lawyer I've ever had, thank God for putting me on my path, the first time I talked to him, it's like he gave me another life, I recommend him 100%, he's someone you can talk to and trust.
    Victor Gonzalez

Holding Texas’ Justice System to a Higher Standard

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Phone: 281-742-9508
Fax: 281-823-8026

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550 Westcott St., Suite 300 
Houston, TX, 77007
(281) 742-9508

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