Dealing with Criminal Charges in Harris County Criminal Court

If you have been arrested on charges of DWI in Texas or DUI in Texas, you may be anxious about what is to come. You likely were required to post bail in order to be allowed to go home, and you may have already gone through your arraignment and possibly even your preliminary hearing. While it is always better to have a Houston Criminal Defense Lawyer who is well-familiar with Texas DWI laws on your DUI/DWI case as quickly as possible, even if you are farther along in the process, it is not too late to contact an experienced Sullo & Sullo Houston Criminal Lawyer.

You may be frustrated about a process which can drag on for weeks and weeks and wondering when—if ever—you will be able to resume your normal life and look forward to your future. This is perfectly normal, however there is a process which must be followed. Next up in the DUI in Texas process will involve your attorney presenting pre-trial motions. Of course, the specific motions your Sullo & Sullo Houston DWI Attorney will argue will depend on the unique facts surrounding your case, however there are some aspects of this stage in the process which are universal to anyone dealing with a DWI in Texas.   

Who is Involved in the Pre-Trial Motion Hearing? You, your Sullo & Sullo Houston DWI Attorney, the judge and the prosecution will all be present at your pre-trial motion hearing. Arguments will be made by both sides, and the judge will make his determinations regarding who will be testifying during your trial, what specific evidence will be presented, and, most importantly, whether or not you should even stand trial for the crime of driving under the influence. The judge will listen carefully to the legal arguments from both sides, then make his ruling. 

What Type of Pre-Trial Motions Can Be Introduced? If your Houston DWI attorney feels that your DUI stop was not backed up by reasonable suspicion or was flawed by mistakes made by the arresting officer, then he or she may argue to dismiss the case out of hand. Suppression of evidence in your case will likely be a primary issue in the pre-trial motion phase; after all, it is the job of the Harris County District Attorney to prove beyond any reasonable doubt that you are guilty of impaired driving, and there must be solid evidence against you to do so.  As an example, perhaps the officer did not read you your Miranda rights when you were arrested or failed to properly administer your breath test.

The officer possibly conducted your field sobriety tests on a slick surface while it was misting rain, making it difficult for you to properly complete the tests. You may also have medical issues which prevented you from doing well on the field sobriety tests or the breathalyzer tests. Your Sullo & Sullo Houston Criminal Defense Attorney will do his or her best to prove inaccuracies in the evidence against you, and essentially point out the holes in the prosecutor’s case. Your Houston Criminal Attorney may also present motions arguing that certain people the defense intends to call should not be allowed to testify against you. In particular, your attorney may seek to prevent your BAC results from being admitted into evidence, arguing the breath test device was not functioning properly, or that the officer who administered the test was not qualified or trained to do so.

Is a DWI a Felony in Texas? In the state of Texas your first DWI conviction is a Class B misdemeanor, your second conviction is a Class A misdemeanor and your third conviction is considered a third-degree felony. You could also be charged with a felony for your DWI in Texas—no matter whether it is a first, second, third or subsequent offense—if you drove intoxicated with a child less than 15 years old, or if your impairment resulted in a car accident causing another person serious bodily injury. If you are convicted of driving while intoxicated with a child less than 15 years old, you could be sentenced to state jail for up to two years—and not less than 180 days—and pay a fine as large as $10,000.

If your impairment resulted in an accident, causing another person serious bodily injury, a conviction could result in from 2-10 years in jail and a fine as large as $10,000 as well as from 160 hours to 600 hours of community service. If you have been arrested for DWI in Texas and charged with a felony, you may be scared and extremely worried about your future.  While a misdemeanor DWI may still result in jail time, the punishments and jail sentence are much less than those which come with a felony DWI conviction. Having an experienced Houston DWI Attorney by your side during this difficult time can go a long way toward a better outcome of your charges.

Getting the Help Your Need for Your Harris County Criminal Charges - Whether you are charged with a DWI in Texas misdemeanor or felony, the resulting consequences can be severe. You may be asking yourself “How much does a lawyer cost?” and “Where is the best criminal defense attorney near me?” You may also have many more questions, whether you are charged with a DWI in Texas or another criminal offense in the state. Your goal—and that of your experienced Sullo & Sullo Houston Criminal Defense Lawyer—will be to avoid Harris County Criminal Records and Harris County Jail whenever possible. Being charged with a criminal offense can alter the remainder of your life, therefore minimizing the long-term consequences is crucial.