Arrested for drunk driving? Learn how we can help.

Our attorneys are experienced DWI defense litigators. Read below to inform yourself on what you are facing and how we can help. If you’ve been arrested for a drunk driving offense, contact our firm to schedule a free consultation to discuss the facts of your case.
Unfortunately, Texas has gained a reputation for its number of drunk driving incidents. In 2017, the National Highway Safety and Traffic Association (NHTSA) reported that 16,794 people were involved in a drunk driving accident. Driving while intoxicated (DWI) is a criminal offense and can lead to serious consequences. A DWI arrest can be frightening, confusing and even embarrassing. Your reputation could be tarnished, and your career could in jeopardy. In addition, you’ll be forced to face the statutory penalties associated with DWI. If you or someone you know has been charged with driving while intoxicated, it’s in your best interest to hire an experienced criminal defense attorney.

Attorney for DWI Charges in Harris County, Texas

Have you or someone you know been charged with driving under the influence of drugs or alcohol? It's imperative you gain legal representation as soon as possible. You could face serious penalties such as license suspension, community service, steep fines and even incarceration. Stay ahead of your charges and contact the attorneys at Tyler Flood & Associates. We thoroughly understand the laws and legal ramifications of DWI. Our attorneys will stand by your side to guide you through this legal process. We will investigate your case to find the best possible defense for you. No challenge is too big for Tyler Flood & Associates, so call us today at (713) 224-5529. The attorneys at Tyler Flood & Associates represent people throughout the greater Harris County area including Bellaire, Tomball, Houston, River Oaks and Pasadena.

DWI Defined Under Texas Law

The state of Texas is currently battling a drunk driving problem. The Texas Department of Transportation (TxDOT) states every 20 minutes a person is injured or killed by a drunk driver. These startling statistics have caused Texas to impose stiff laws for drunk drivers. Texas Penal Code § 49.04 states you’re committing a crime if you:
  • Operate a motor vehicle in a public place; and
  • Are under the influence of drugs or alcohol.
You can also be charged with DWI while operating an aircraft, watercraft or assembling an amusement park ride.

How Does Texas Law Define Intoxication?

Texas law determines if a person is intoxicated by their blood-alcohol concentration or an assessment of their physical and mental faculties. Blood-alcohol concentration (BAC) is the number of grams of alcohol in your system, which is measured by chemical testing. Law enforcement uses blood analysis, urinalysis and breath analysis to determine BAC.
Texas Penal Code § 49.01 measures BAC by number of grams of alcohol per:
  • 210 liters of breath;
  • 67 milliliters of urine; or
  • 100 milliliters of blood.
The legal blood-alcohol concentration limits in Texas include:
  • 08 or higher for non-commercial drivers at or over the age of 21;
  • 04 or higher for people with commercial driver’s licenses (CDL); and
  • 02 or higher for people under the age of 21.
Chemical testing is by no means a perfect process. Nearly all chemical testing samples are sent to a private or state crime lab, which could be contaminated by lab personnel. In addition, the machinery used to assess the samples could be outdated or inaccurate. This can lead to skewed results that can negatively affect your case. Another way for law enforcement to determine your impairment level is through field sobriety tests. Field sobriety tests are a series of physical exercises designed to evaluate your physical and mental faculties. While you may see a variety of field sobriety tests, only the tests standardized by the National Highway Traffic Administration (NHTSA) are viable in court. The tests standardized by NHTSA include the walk-and-turn, horizontal gaze nystagmus, and the one-leg stand. Although these field sobriety tests have been studied, field sobriety testing still has issues. Many factors can influence a person’s results. Even simple things such as a person’s shoes can lead to misleading results.
Drunk Driving
Drunk Driving

Implied Consent Laws in Texas

Texas has imposed laws for people who refuse chemical testing. These are referred to as implied consent laws, meaning if you drive on Texas public roads you’re implicitly submitting to chemical testing by law enforcement. Refusing to comply with testing can lead to an administrative license suspension. It’s important to remember that field sobriety testing isn’t included in implied consent laws. Even though implied consent laws are in place in Texas, you can still refuse testing. Chemical testing has flaws and your results may be misleading to authorities. In some cases, it’s best to refuse chemical testing so law enforcement has no concrete evidence of your DWI. You may be charged with DWI, but the prosecution will only have subjective evidence to present to the jury.
If you refuse chemical testing, it’s important to understand there will be administrative consequences. You may not face criminal penalties, but your license will be suspended for a period of time. Listed below are the suspension periods for refusing chemical testing.
  • 180 days for a first-time refusal; and
  • 2 years for a second or subsequent refusal
You can combat your license suspension through an administrative license revocation hearing. You have to act quickly, however, since you have 15 days to file a request a hearing to challenge your administrative suspension. If you fail to request a hearing, the suspension will commence 40 days after the notice was served.
It’s also important to understand law enforcement can arrest you if they have probable cause you were driving under the influence. Probable cause is when an officer has a reasonable amount of suspicion, supported by circumstances, that a crime did or is taking place. This means you could be arrested even if you refuse chemical testing. Handling both an arrest and license suspension is unnerving. However, it may be the best possible option for you. Staying in jail for a short period of time is a lot less of a hassle than handling a DWI conviction. The prosecution won’t have any substantial evidence if you’re charged. In fact, you may not be charged at all if the District Attorney’s Office doesn’t think they have a case. You can also contest your suspension and you may be able to retain your license.

Penalties for Driving While Intoxicated in Texas

The penalties for DWI depend on the circumstances of the crime and your criminal history. It’s imperative you understand the full scope of the penalties associated with DWI. You could face massive fines, DWI school, annual fees and possible incarceration. Listed below are the penalties for driving while intoxicated in Texas.
  • First Offense – Class B Misdemeanor
    • A fine of up to $2,000
    • Up to 180 days in jail;
    • Up to 100 hours of community service;
    • Driver license suspension for up to 12 months; and
    • Completion of a 12-hour DWI Education Program;
    • Annual fee of up to $2,000 for three years by the Department of Public Safety (DPS).
  • Second Offense – Class A Misdemeanor
    • A fine of up $4,000;
    • Up to 12 months in jail;
    • Up to 200 hours of community service;
    • Completion of a DWI Education Program;
    • Driver license suspension for up to two years; and
    • Annual fee of up to $2,000 for three years by DPS
  • Third or Subsequent Offense – Third-Degree Felony
    • A fine of up to $10,000
    • Up to 10 years in prison;
    • Up to 200 hours of community service;
    • Driver license suspension for up to two years; and
    • Annual fee of up to $2,000 for three years by DPS.
Certain factors can enhance the penalties of your DWI. If you have a child passenger in the car during the offense, you’ll face a state jail felony that’s punishable by:
  • A fine of up to $10,00; and
  • Up to two years in state jail
If you have a BAC of .15 or more during the offense, then your crime will be reclassified as a class A misdemeanor. The penalties for a class A misdemeanor include:
  • A fine of up to $4,000; and
  • Up to 12 months in jail

Commercial Vehicle DWI in Texas

Commercial drivers face even harsher penalties if they are convicted of DWI. Texas law states any commercial driver with a BAC of .04 or more is considered intoxicated. Commercial drivers with a BAC of .04 will face all the same penalties of a non-commercial driver with a BAC of .08 or higher. In addition to those penalties, commercial drivers may have their commercial driver license (CDL) suspended for a period of time. These suspension periods include:
  • Up to 12 months for a first DWI; or
  • Loss of CDL for life for a second DWI

Additional Resources

Driving While Intoxicated Laws – Visit the official website for the Texas Department of Safety (DPS) to find more information about DWI offenses. Access the site to learn the penalties for DWI, DWI statistics, and tips on how to stay safe from drunk drivers. DWI Statistics – Visit the official website for the Texas Department of Transportation (TxDOT) to learn more about DWI statistics in Texas. Access the document to learn the number of fatal crashes, injury-related crashes and other DWI crashes for 2017.
This article was last updated on March 7th, 2019.


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Lawyer for DWI Defense in Houston, Texas

If you or someone you know has been charged with DWI, it's imperative you contact an experienced criminal defense attorney. The attorneys at Tyler Flood & Associates excel at representing those accused of DWI in the Harris County area. Our attorneys at Tyler Flood & Associates strive to provide quality legal service to all our clients. We have years of experience handling DWI cases and can help you move past these charges. The attorneys at Tyler Flood & Associates have won several awards to recognize their above and beyond legal service. One of these includes the ACS-CHAL Lawyer Scientist award that was given to our managing attorney Tyler Flood. This award exhibits that Tyler Flood possesses an in-depth understanding of the science behind a DWI. Contact us today for a case consultation at (713) 224-5529. We accept clients throughout the greater Houston area and surrounding communities including Bellaire, Pasadena, River Oaks and Uptown.
This article was last updated on March 7th, 2019.
CALL US AT: (713)224-5529


Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
October 19, 2023.
When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.
Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
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