DUI / DWI Defense Lawyer in Houston, Texas
A DWI arrest in Houston can cost you your license, your job, and your freedom. It can also affect your immigration status if you are not a U.S. citizen. At Roque Law Firm, attorney Sara Roque fights DWI charges in Harris County and surrounding courts — challenging breath test results, field sobriety tests, and unlawful traffic stops to achieve the best possible outcome for every client.
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What Is a DWI in Texas?
In Texas, it is illegal to operate a motor vehicle in a public place while intoxicated. “Intoxicated” means a blood alcohol concentration (BAC) of 0.08% or higher — or any loss of mental or physical faculties due to alcohol, drugs, or a combination of both. Texas does not distinguish between DUI and DWI the way some states do — the primary charge is DWI.
DWI Penalties in Texas
| Offense | Jail | Fine | License |
|---|---|---|---|
| First DWI | Up to 180 days | Up to $2,000 | Up to 1 year suspension |
| Second DWI | 30 days – 1 year | Up to $4,000 | Up to 2 years suspension |
| Third DWI (Felony) | 2 – 10 years | Up to $10,000 | Up to 2 years suspension |
| DWI with Child Passenger | Up to 2 years (State Jail Felony) | Up to $10,000 | 180-day suspension |
What to Do — and What NOT to Do — If Pulled Over for DWI
- Pull over safely and promptly
- Be polite and calm
- Provide license, registration, and insurance
- Invoke your right to remain silent
- Ask for a lawyer immediately
- Admit to drinking anything
- Agree to field sobriety tests (you can refuse)
- Resist or argue with police
- Try to explain yourself
- Sign anything without a lawyer
How Sara Roque Defends DWI Cases
Every DWI case has potential defense angles. Sara Roque examines every detail:
- Was the traffic stop legal? Police must have reasonable suspicion to pull you over. If the stop was unlawful, the entire case may be dismissed.
- Was the breath test accurate? Breathalyzers require proper calibration and administration. Equipment errors and improper procedures can make results inadmissible.
- Were field sobriety tests properly administered? These tests are subjective and can be inaccurate — especially for people with medical conditions.
- Was there a rising BAC defense? Your BAC at the time of driving may have been lower than at the time of the test.
DWI and Immigration — What Foreign Nationals Must Know
If you are not a U.S. citizen, a DWI conviction carries immigration consequences that run on a separate track from the criminal case. Even a dismissed charge can affect future visa applications. Never accept any plea without understanding the full immigration impact — Sara Roque advises clients on both the criminal and immigration dimensions.
Frequently Asked Questions — DWI Houston
Can I refuse a breathalyzer in Texas?
Yes, but Texas has an “implied consent” law — refusing a breathalyzer results in an automatic license suspension (180 days for a first refusal). However, refusal may also make it harder for the prosecution to prove your BAC was above 0.08%.
Will a DWI appear on my background check?
Yes. In Texas, a DWI conviction — even a first offense — cannot be expunged. However, if charges are dismissed or you receive deferred adjudication, expunction or non-disclosure may be possible. Sara Roque can advise you on your options.
How long do I have after a DWI arrest to request a hearing about my license?
You have only 15 days from the date of your arrest to request an ALR (Administrative License Revocation) hearing. Missing this deadline means automatic suspension. Call us immediately — this deadline is critical.
Does Roque Law Firm handle DWI cases in English and Spanish?
Yes. Sara Roque and her team are fully bilingual and handle DWI defense cases in both English and Spanish throughout Harris County and surrounding areas.
Charged with DWI in Houston? Call Sara Roque Now.
Free confidential consultation. Available in English and Spanish. Serving Houston, Pearland, The Woodlands, Pasadena, Sugar Land, and Katy.
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