DWI Defense

A fun night out can go south when you’re arrested for a DWI related offense. Texas law defines numerous crimes related to driving while intoxicated. These crimes come with penalties that can range from 72 hours in jail to 20 years in prison.

No matter the offense, a DWI conviction will stay on your permanent records for life. With a proper defense on your side, The Benken Law Firm can defend you from a life-altering conviction. 

DWI Defense Attorney in Houston, TX

If you were recently arrested for a DWI offense, you will need the guidance of an experienced and effective attorney. Brian Benken is a veteran criminal defense attorney with over 30 years of experience who will help you navigate criminal court.

Take the first step in building your defense. Contact The Benken Law Firm today.

The Benken Law Firm represents clients in every community across Harris County. Some of these communities include but are not limited to, Bellaire, Southside Place, Uptown, Rice Military, Gulfton and many other. To schedule a free case consultation call (713) 223 - 4051.


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Texas DWI Laws

According to the Texas Department of Transportation, someone is killed or hurt in an accident involving an impaired driver every 20 minutes. To be convicted of a DWI, you must first meet the legal definition of intoxicated, which is defined under section 49.01 of the Texas Penal Code.

You are considered intoxicated if you have an alcohol concentration of 0.08 or higher. You can also be deemed intoxicated if you do not have the normal use of mental or physical facilities because of alcohol, a controlled substance, or a combination.

State law defines DWI as a person who operates a motor vehicle in a public place while intoxicated. You can be in a car, boat, aircraft or operating an amusement ride and still be charged with a DWI if you are caught operating any of the mentioned motor vehicles while intoxicated.


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DWI Offenses in Texas

DWI isn’t just related to driving under the influence. There are numerous other offenses the Texas Penal Code considered to be DWI related offenses, and The Benken Law Firm defends all of them.

Some of the DWI offenses under Texas law include:

Misdemeanor DWI: The first two DWI offenses are classified as misdemeanors in Texas. If you’re convicted, you could face a minimum of 72 hours or up to 30 days in jail. Aggravated factors such as high BAC or open alcohol containers can increase the penalties.

Felony DWI: A third or subsequent DWI is classified as a felony, and it can entail two to 10 years in prison, $10,000 in fines, the installation of an interlock device and a suspended license.

Intoxication Assault: This offense involves causing serious bodily injury to another person as a result of driving while intoxicated. The court charges the crime as a third-degree felony that includes a prison sentence of a minimum of two years but up to 10.

Intoxicated Manslaughter: Intoxication manslaughter involved the accidental or unintentional death of another person because of drunk driving. Because of the loss of life, the crime is more severe than intoxication assault and is charged as a second-degree felony. You could spend two to 20 years in prison if convicted.

DWI with Minor in the Vehicle: Regardless if it’s your first DWI offense, if you are caught operating a vehicle while intoxicated with a child passenger who is younger than 15, you will charge with a state jail felony. You could spend no less than 180 days in state jail or up to two years. 


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Additional Resources for DWI Defense in Houston, TX

Intoxication and Alcoholic Beverage Offenses | Texas Penal Code– Follow this link to read the complete chapter of the state penal code that governs DWI offenses in Texas. You can learn more about every crime mentioned on this page as well as public intoxication, possession of alcoholic beverages in motor vehicles and factors that can enhance penalties. The chapter can be read on the Texas Constitution and Statutes webpage.

DWI Crashes and Injuries by City and Town| Texas Department of Transportation– View a report that categorizes DWI crashes and injuries by cities and towns in Texas. The report includes the number of fatal crashes, fatalities suspected serious injuries and more. TxDOT is responsible for the state highway system as well as public transportation and aviation in the state.


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DWI Defense Lawyer in Harris County, TX

If you were recently arrested for a DWI offense in Harris County, you probably have many questions that Brian Benken has the answers to. The Benken Law Firm defends clients of DWI crimes in all areas of Harris County such as Hunter Creek Village, River Oaks, Montrose, Downtown and many others.

Brian Benken is a compassionate attorney with over 30 years experience defending criminal offenses in Harris County. He will do everything in his power to achieve the best possible result. To schedule a free case consultation with The Benken Law Firm, call (713) 223 - 4051 today.


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