DWI Lawyer in Pasadena, Baytown and East Houston
Attorney Advertising
Many people in Pasadena, Baytown, Deer Park, La Porte, Pearland and League City work shifts at the refineries, plants and port along the Houston Ship Channel, and a driver’s license is how they get there. A first DWI arrest threatens that license within weeks and starts a criminal case at the same time. Our Texas team defends first-offense DWI cases across the east side of the Houston area, and you can talk with a Texas attorney and hire us by phone.
Act on your license within 15 days
If you failed a breath or blood test (0.08% or more) or refused one, the officer usually took your license and served a Notice of Suspension that generally serves as a temporary permit. You have 15 days from the date you received it to request an Administrative License Revocation (ALR) hearing (Texas Transportation Code 524.031 and 724.041). Without a request, the suspension starts automatically, generally 90 days for a first test failure and 180 days for a first refusal. The hearing is before an administrative law judge, and it can be used to question the officer under oath early in the case.
Three counties in one area
The cities on the east and south side of Houston do not all sit in the same county, and the county decides where your DWI is prosecuted:
- Pasadena, Baytown, Deer Park, La Porte, South Houston and Channelview are in Harris County. A first DWI there is filed by the Harris County District Attorney’s Office and heard in a Harris County Criminal Court at Law at the Harris County Criminal Justice Center, 1201 Franklin Street, downtown Houston.
- Most of Pearland is in Brazoria County, so a DWI there is generally heard in the Brazoria County courts in Angleton. Pearland is mostly in Brazoria County, with parts in Harris and Fort Bend counties.
- Most of League City is in Galveston County, where misdemeanor cases are heard in the County Courts at Law at the Galveston County Justice Center, 600 59th Street, Galveston.
DWI is a state offense, so it does not go to the city municipal court that handles traffic tickets. Arrests here come from city police departments, the Harris County Sheriff’s Office and constables, and the Texas Department of Public Safety on I-10, I-45, Beltway 8 and State Highway 225. We request the reports and video from the agency that stopped you.
Penalties for a first DWI
Under Texas Penal Code 49.04, a first DWI is generally a Class B misdemeanor, with a possible jail range of 72 hours to 180 days and a fine of up to $2,000. It becomes a Class A misdemeanor if the test showed 0.15% or more, and an open container raises the minimum jail time. A conviction can also bring a license suspension, required classes, and in some cases an ignition interlock device. An occupational license (Transportation Code 521.242) can often keep you driving to work during a suspension.
For many first offenses, a judge can now order deferred adjudication, except where the test was 0.15% or more or the driver held a commercial license (Code of Criminal Procedure Art. 42A.102). If you have no other criminal record, completing it can open the door to an order of nondisclosure (Government Code 411.0726). Ask us whether any pretrial program is open in your case. Eligibility depends on the facts and the prosecutor, and we do not promise any particular outcome.
What we review
- Whether the stop was lawful and whether the detention was extended without legal cause.
- Field sobriety testing, including the conditions on the roadside and whether the tests were recorded.
- Breath-test operator certification and instrument records.
- Blood-warrant paperwork, the draw, and the lab’s analysis and chain of custody.
- Body-camera and in-car video.
Shift workers often finish late at night, and the timing of a stop, any fatigue, and medical conditions can all affect field tests. We look at the full picture before recommending a path such as a suppression motion, negotiation, deferred adjudication or trial.
Hire us without an office visit
Call, tell us what happened, and sign your agreement from your phone. We can request the ALR hearing right away and keep you updated by phone, text and email.
Frequently asked questions
Where is a Pasadena, TX DWI case heard?
Pasadena is in Harris County, so a first DWI is heard in a Harris County Criminal Court at Law at the Criminal Justice Center in downtown Houston.
I was arrested in Pearland. Is that Harris County?
Usually not. Most of Pearland is in Brazoria County, though parts extend into Harris and Fort Bend counties. The location of the arrest decides the court.
How long do I have to save my license after a DWI arrest?
Fifteen days from the date you received the Notice of Suspension to request an ALR hearing.
Can I keep working shifts if my license is suspended?
Often. Texas offers an occupational driver’s license for essential travel such as work, sometimes with an ignition interlock device.
Is there a diversion program for a first DWI in Harris County?
Harris County has offered pretrial programs for some first-time DWI defendants. Eligibility and availability change, so ask us about your case.
DWI arrest in Pasadena, Baytown, Deer Park, Pearland or League City? Call (855) 636-0550 for a free phone consultation with our Texas team. We can request your ALR hearing, and you can hire us by phone.
Related pages
Attorney Advertising. NotGuilty.com is a website of The United Firm | Firma Defensora PC. Attorney responsible for this page: Alvaro Aguirre Jr., Texas Bar No. 24101436. Texas office: 1420 W. Mockingbird Ln., Suite 800, Dallas, TX 75247. The domain name is not a promise or prediction of any result. Every case is different, and prior results do not guarantee a similar outcome. This page is general information, not legal advice, and does not create an attorney-client relationship.
