The Houston, TX DWI / DUI Lawyer Who Has Your Back
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We Fight DWIs in Houston Like Your Life Depends on It.
Any DWI or DUI in the Houston area can result in lifelong consequences. Don’t let one mistake derail the rest of your life. Call us first. Our number one goal is dismissal!
Driving While Intoxicated (DWI) is one of the most common criminal charges in the greater Houston area, and at Michael & Associates, we dedicate substantial resources, time, and expertise to defending our clients against it. Our Houston team includes a former prosecutor, an ex-public defender, and a certified DWI scientist.
A DWI conviction in Harris County can carry serious consequences: jail time, hefty fines, driver’s license suspension, skyrocketing insurance rates, and long-term damage to your employment prospects and personal reputation.
But being arrested doesn’t mean you’ll be convicted. At Michael & Associates, our mission is to ensure that one mistake won’t define the rest of your life. Our top priority is always to pursue a dismissal or reduction of your charges; however, we’ll take your case to trial if necessary to achieve the best possible outcome for you.
Meet your Houston Defense Team
Why Choose Michael & Associates for Your DWI Case?
We are a white-glove law firm dedicated to delivering high-quality legal defense and exceptional client care. Every attorney on our DWI team is highly experienced and has a track record of success defending against DWI charges in Houston and throughout the greater Houston area, including Harris, Galveston, Fort Bend, Montgomery, Waller, and Brazoria counties.
What Is Considered a DWI in Texas?
Under Texas Penal Code § 49.04, a person commits the offense of Driving While Intoxicated if they operate a motor vehicle in a public place while intoxicated. You are legally drunk if you have lost the regular use of your mental or physical faculties due to alcohol or drugs, or if your Blood Alcohol Concentration (BAC) is 0.08% or higher.
Most DWI charges stem from alcohol use, but you can still be charged even if your BAC is below the legal limit or if you refuse a test. While you do have the right to refuse a breathalyzer or blood test (unless a court orders it), doing so will likely result in an automatic license suspension.
Types of DWI Charges in Houston & Potential Penalties
Any DWI conviction in the Houston area can result in a lifelong criminal record. It’s unlikely that a first-time offender (without enhanced charges) will be sentenced to extended jail time, but it’s possible. One of our primary goals is to prevent that.
First DWI
- Up to one year in jail
- Fines up to $6,000
- Driver’s license suspension
- Permanent criminal record
We’ve helped the majority of our first-time DWI clients avoid conviction through dismissals, plea bargains, or deferred adjudication. In some cases, you may qualify to have your record sealed later on.
Second DWI
- Class A misdemeanor
- Up to 1 year in Harris County jail
- Minimum 3-day jail sentence, even with probation
- Fines up to $6,000
- No eligibility for deferred adjudication
- Up to 24 months of probation
Even if your first DWI was dismissed, a second arrest can still count against you. Harris County judges and prosecutors take second DWIs very seriously, and your best chance is with a defense team that fights hard for a dismissal or acquittal.
Third or More DWI (Felony)
- 3rd DWI is a felony
- Up to 10 years in state prison
- Minimum 10-day jail sentence
- Fines up to $10,000
- Felony conviction on your permanent record
Even with only one prior DWI conviction, a third offense may be charged as a felony. These cases require an aggressive defense and a team with extensive experience in felony trials.
Common DWI Enhancements That Increase Penalties
- DWI with BAC of 0.15+: Class A misdemeanor, permanent conviction
- DWI with Open Container: Minimum 6 days in jail
- DWI with Child Passenger: Felony with up to 2 years in prison
In addition to criminal penalties, these enhancements often lead to longer license suspensions and stricter probation conditions.
What Happens to Your License After a DWI?
When you’re arrested for DWI in Texas, the Department of Public Safety (DPS) will initiate an Administrative License Revocation (ALR) process. If you don’t request a hearing within 15 days, your license will automatically be suspended for 90 to 180 days, or longer if you hold a Commercial Driver’s License.
How We Help
- We will immediately file for an ALR hearing to delay the suspension of your driver’s license
- Our ALR specialists will attend the hearing on your behalf
- We use the hearing to cross-examine the arresting officer and gather evidence
- If the hearing is lost, we file for an Occupational Driver’s License (ODL) so you can continue driving legally
Our success rate at keeping clients on the road is outstanding.
Case Outcomes in Houston
The first thing to understand about a DWI charge is the case outcome. Most cases don’t end up going to trial – instead, an outcome gets worked out with the prosecutor.
You can see the data from Harris County DWI charges below:
| Disposition | 1st DWI | 2nd DWI | Felony DWI |
|---|---|---|---|
| Dismissal | 48% | 17% | 5.2% |
| Convicted – Guilty or Nolo | 38% | 60% | 57% |
| Deferred adjudication | 1.5% | .42% | .22% |
| Motions to Revoke Granted / Revoked | 1% | 3.9% | 6.85% |
| Motions to Revoke Denied / Continued | 1% | 2.2% | 8.5% |
| Other | 11.4% | 16% | 22% |
| Conviction by the court | .01% | 0% | .04% |
| Acquittal by the court | .01% | 0% | 0% |
| Convictions by the jury | .13% | .5% | .1% |
| Acquittal by jury | .15% | .1% | 0% |
Source: https://courtsdata.traviscountytx.gov/CriminalAnalytics/
DWI Outcomes in Harris County
Any type of conviction or guilty plea in Harris County will remain on your criminal record for life, so it’s essential to consider the long-term ramifications. Though accepting a plea deal that requires a guilty plea may seem like the simplest course of action, you must consider the long-term ramifications of having a conviction on your record before taking action.
First-time DWI: More than 80% of first offenses in Harris County in 2024 ended either with dismissal (48%) or conviction after a plea of guilty or no contest (48%). Approximately 1.5% receive deferred adjudication.
Second-time DWI: A majority of second-time DWI offenders end up with a conviction, so it’s crucial to hire an attorney for the best chance of keeping your record clean. Less than 1% of defendants received deferred adjudication.
Felony DWI: Fewer than 6% of defendants received dismissals or deferred adjudication, while 57% were convicted, which can result in jail time. Another 15% had to deal with ramifications for probation or parole.
Conviction Sentences in Houston
If convicted, you will receive a sentence. Below shows the distribution of sentence types for DWI convictions last year in Harris County:
| Sentence | 1st DWI | 2nd DWI | Felony |
| Probation/Community supervision | 13.4% | 39% | 67% |
| Committed to the local jail | 86.6% | 61% | 20.7% |
| Committed to state jail | 0 | 0 | .7% |
| Committed directly to prison | 0 | 0 | 11.6% |
DWI Conviction Statistics in Harris County
First-time DWI: Statistics show that approximately 38% of first-time DWI offenses in Harris County result in a conviction. Almost 87% of those convictions involved jail time. However, many jail sentences for first-time offenders are based on the time already served between arrest and the guilty plea or conviction. The more critical concern at this point is maintaining a clear record.
Second-time DWI: The most likely outcome of a second DWI conviction is jail time, with over 61% of cases receiving this outcome. Just over 38% of convictions result in probation or community supervision.
Felony DWI: It may seem surprising that only about 32% of felony convictions result in jail or prison time. However, this can be misleading, as most felony DWI cases result in convictions, whereas misdemeanors have a lower conviction rate.
How a DWI Conviction Affects Auto Insurance Rates
Auto insurance in Texas is expensive, and a DWI on your record won’t help matters.
Current average annual rates provided by Bankrate show that premiums can increase anywhere from 30% to almost 90%, and rates will remain elevated for three to five years:
| Insurer | Average rate | Avg. rate after DWI | % hike |
| USAA | $1,895 | $2,487 | 31% |
| GEICO | $2,399 | $4,498 | 87% |
| Allstate | $2,941 | $4,611 | 57% |
Other Long-Term Consequences of a DWI Conviction
- Job Prospects: DWI convictions appear on background checks and can affect current or future employment opportunities.
- Commercial Driving: You may lose the ability to hold a CDL and drive professionally.
- Auto Insurance: Rates often increase by 40% or more.
- Gun Ownership: A felony DWI conviction will prohibit you from owning firearms.
- Ignition Interlock Devices: Probation may require the installation of an expensive ignition interlock device in your vehicle.
A DWI conviction can cost you thousands of dollars and create lasting damage to your record and livelihood.
Do I Really Need a DWI Lawyer in Houston?
Yes. The difference between a public defender and a dedicated DWI defense attorney could be the difference between freedom and jail time. At Michael & Associates, we have:
- Intimate knowledge of how Harris County courts operate
- Established relationships with local prosecutors and judges
- A reputation for relentless defense and top-tier results
Don’t gamble with your future. Invest in your defense.
How We Fight and Beat DWI Charges in Houston
Our approach is aggressive, strategic, and backed by experience on both sides of the courtroom.
Here’s what you get:
- A full legal team, not just one attorney
- Immediate action to protect your license through ALR
- Investigation of every detail of your arrest, including:
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- Body cam footage
- Sobriety tests
- Breathalyzer or blood test procedures
- Arrest legality and constitutional violations
- Cross-examination of officers and use of expert testimony
- Intense plea negotiations—and readiness to go to trial if needed
We’re Houston’s “Dream Team of DWI Defense.” Our clients consistently walk away with reduced charges, sealed records, or outright dismissals.
We Can Fight Your DWI — Let’s Get to Work
If you’ve been charged with DWI in Houston or anywhere in Harris County, don’t wait. Every moment counts when building your defense.
Client Case Results
Frequently Asked Questions about DWI in Houston
At Michael & Associates, we take pride in offering you the white-glove treatment and the best possible outcome.
There are so many lawyers in Texas who offer clients big promises but deliver scant results. These lawyers aren’t always worth what they charge. Do they give each case 100%? Usually, they don’t. They try to close a case quickly so they can move on to an easier one.
Ben Michael has a different philosophy. We only take on the cases we can handle personally. By limiting our caseload, we can provide each client with that white-glove treatment.
We give our clients Ben’s direct number. He is available to his clients at any time of the day. At other firms, you’re lucky if you can leave a message and get a returned call the next day. Usually, it takes days.
Ben Michael is there to guide you through the entire process, from start to finish. We understand that our clients are going through one of the most difficult moments in their lives. At their lowest point, we can step in to help things get back on track. We fight for you.
Michael & Associates will accept felony and misdemeanor criminal cases of all types. We work on cases that include, but aren’t limited to, the following:
DUI / DWI
Possession of a Controlled Substance
Assault & Battery
Family Violence
Domestic Abuse
We don’t practice:
Traffic Law
Family Law
Immigration Law
Civil Law
Our firm is licensed to practice law in every county in Texas. We are accepting new clients across the state, in all major metropolitan areas.
Just like any other city in Texas, when you are stopped in Houston or anywhere else in Harris County, anyone operating a motor vehicle with a blood alcohol concentration of 0.08% or higher can be charged with DWI. Your BAC is the number that represents the saturation level of alcohol in your system.
Exactly how many drinks it takes to reach or exceed 0.08% varies from person to person. Your height, weight, and sex are all contributors. It primarily relies on how long it has been since you took a sip of alcohol.
In Houston, it all comes down to whether or not you have any prior convictions.
First Offense
A fine as high as $2,000
Up to 6 months in jail, with 3 days mandatory
Losing your license for a year
Second Offense
A fine as high as $4,000
From 30 to 365 days in jail
Losing your license for as many as two years
Third Offense
$10,000 fine
2 to 10 years in prison
Losing your license for as many as two years
Additional penalties that might apply for having an underage passenger in the motor vehicle:
Increased fines up to $10,000
Up to two years in jail
Six additional months of driver’s license suspension
The first thing you should keep in mind is that failure to stop for an officer will send you directly to prison. Do not run from the police. You will make things much worse for yourself, and you will not outrun them.
When the officer approaches the vehicle, make sure both of your hands are visible. The officer will ask for your paperwork and license. When you go to retrieve them, ask first and let the officer know where you are reaching. Always be as polite as possible.
The officer might also ask you if you know the reason they initiated the traffic stop. You should politely tell them you don’t know why you were stopped. They are looking to establish a reason for the stop, and use that probable cause in court. Don’t remove that line of defense from your lawyer’s arsenal.
Keep in mind that you are on bodycam, so always be as respectful as possible. However, you have the right to refuse to take breathalyzer and field sobriety tests. You will lose your license for a year if you refuse to take a breathalyzer, but if convicted of DWI you would lose the license anyway. Your lawyer can help you fight for a good outcome in either case.
If the officer who initiated the stop thinks they notice any slurred speech, alcohol on your breath, or bloodshot eyes, you might be detained for suspicion of DWI. Once arrested, police will ask you to submit to a breathalyzer or blood test. Refusal means suspension of your license.
Officers can (and will) get a warrant to draw blood and force you to submit to the test, but obtaining the warrant will take some time. Once they’ve gotten the warrant, it’s in your best interest to let them draw the blood. Otherwise, they will do it by force, and it will not be pleasant.
Never answer questions without a lawyer present, and ask to have a conversation with your lawyer as soon as possible.
Yes. You should always put up a vigorous defense against a DWI charge. This situation requires you to mount a swift and robust defense. You need a tough lawyer by your side.