Houston DWI Lawyer | Houston Criminal Defense Attorney Ned Barnett (2024)

How a Houston DWI Attorney Can Help You

When you are stressed over DWI charges, you may wonder whether you should take on the expense of a Houston DWI attorney.

If you are inexperienced with the criminal justice system, it makes sense that you would need a guide. The courts are not easily navigated, from knowing where to show up, which paper to fill out, and who to pay your fees to. By hiring a DWI lawyer, you have someone who knows all the administrative and legal processes, so you do not have to figure it out.

One of the greatest benefits of an attorney is knowing that your defense strategy is the strongest available. If you try to defend yourself, you may not have a strong enough argument. When you are going up against an experienced district attorney, you need a skilled and objective attorney to investigate and analyze which strategies are not only appropriate in your case, but also strong.

The many benefits of working with a Houston DWI defense attorney include:

Advice during police questioning. You have the right to remain silent and ask for an attorney after your arrest. The police may start to question you about drinking or drug use, or even what you’d been doing that day, but you never have to answer. By getting an attorney into the room with you as soon as possible, you are best able to protect your rights. Your attorney can advise you on how to answer or when not to answer at all. You lower your risk of accidentally saying something the police or prosecutor can use against you later.
Protection of your constitutional rights. It may feel like you don’t have many rights when you’re arrested for a DWI. The police can seem all-powerful in that situation. However, you are protected by the U.S. Constitution and many other state and federal laws. An attorney can help you understand your rights. Your lawyer can also make sure the police do not overstep their boundaries and violate those protections.
Help navigating a complicated legal system. The legal process following a DWI arrest can be confusing for someone who has no experience with the law or criminal procedures. Instead of trying to figure out where you need to go and when, a Houston DWI attorney can advise you on your court dates and explain what will happen at each one. Your lawyer can also deal with paperwork, such as filing motions or discovery documents during a trial.
Fighting to have the charges dropped. Some people who are charged with DWIs are completely innocent, and there is no reason why prosecutors should force them through trials. In this situation, your attorney will work with the prosecutor to have the charges dropped before you invest more time and money into a false accusation.
Motions to suppress certain evidence. There are times when a prosecutor will seek to use evidence that was gathered in an inappropriate way, such as evidence obtained in an illegal search of someone’s vehicle or an improper roadside sobriety test. An experienced DWI attorney will review the prosecutor’s evidence for the case and motion for the court to throw out any illegally obtained evidence. If the motion is granted, none of that evidence can be used against you at trial.
Minimizing the consequences of conviction. Some individuals will be unable to avoid a conviction, but that doesn’t mean they deserve the harshest punishment possible under Texas law. A skilled attorney will work with the prosecutor to negotiate a fair plea bargain or if you are found guilty, will seek a minimal penalty from the judge. Instead of jail time and stiff fines, many DWI convictions can result in probation, alcohol education programs, community service, and ignition interlock devices. Most of all, your attorney will work to ensure you avoid significant jail time and that you have the ability to drive as soon as possible.
Applying for an occupational license. Losing your driver’s license is one of the most common punishments for a DWI. However, a license suspension can be extremely detrimental to your family’s welfare. Your DWI attorney can help you request an occupational license as soon as you’re eligible, which will allow you to go to work or school. This enables you to continue getting an education or supporting your family while serving your punishment.
Helping to get your license reinstated. If you suffered through a criminal penalty license suspension, you will want your license reinstated as soon as possible. Your lawyer can walk you through the steps to get your license back when you’ve completed your suspension. If your license was automatically suspended after your arrest, your lawyer can help you fight this administrative punishment right away.

Another important way a DWI lawyer will assist you is by working toward the minimum penalties upon conviction. Despite using the strongest defense possible, you may be convicted of a DWI. If you have had a lawyer the whole time, then your case would have been presented in a way to mitigate the potential penalties and consequences. Your lawyer will seek leniency and fight for you to not suffer the maximum punishment possible.

Get Aggressive & Effective Representation from a DWI Lawyer

The cost of an attorney can be intimidating, but the financial and emotional expense of not having a capable DWI lawyer is a lot higher. An experienced attorney like Ned Barnett will guide you through the situation, helping to make it as smooth as possible.

Barnett’s strengths as a DWI attorney include:

State and federal prosecutorial experience
More than 20 years as a Houston defense attorney
Board certified as a criminal lawyer in Texas
Certified in DWI field sobriety tests
Certified in the operation of breath test machines
Certified in gas chromatography
Selected as a top rated criminal defense lawyer by Super Lawyers in 2015

Call The Law Offices of Ned Barnett at (713) 222-6767 to schedule a free consultation.

Defending Against Houston DWI Charges

When you are charged with a DWI, you need to speak with an experienced attorney about defending yourself. The consequences of a DWI, even as a Class B misdemeanor, are too serious for you to simply accept. The best thing you can do for yourself is to work with a lawyer who will thoroughly review your situation and determine the strongest possible defense to your case.

There are many Texas DWI defense strategies, which may include challenging:

The constitutionality of the traffic stop
The constitutionality of a search or seizure
The validity and accuracy of SFSTs or any non-standardized FSTs administered
Whether a breath, blood, or urine test was properly administered
Whether the breath, blood, or urine sample was compromised
The accuracy of a breath, blood, or urine test

While there are many potential DUI defenses, not all of them will be appropriate in your case. Attorney Ned Barnett will look over your case piece by piece. He will ask you in-depth questions to determine whether a police officer acted appropriately. He will also thoroughly utilize discovery during the criminal court process to gather evidence regarding any chemical tests being used against you. He will look for any hole in the prosecutor’s case to find the best chance of exonerating you in court.

Traffic Stop Defenses

In Texas, an individual commits a DWI if he or she is intoxicated while operating a vehicle in a public place.

Intoxicated means one of two things:

A person has a blood or breath alcohol concentration of .08 or more
The individual has ingested alcohol, a controlled substance, or a drug that resulted in the loss of normal use of mental or physical faculties

To make a lawful traffic stop, an officer must have a reasonable suspicion of a law violation. Reasonable suspicion must be based on articulable facts that criminal activity is occurring. This is a lower standard than probable cause. Examples of reasonable suspicion that justify a stop include things like violating a traffic law, speeding, erratic driving, or swerving.

If an officer does not have reasonable suspicion, then any evidence collected during the detention, including the results of a blood or breath test or field sobriety test, may be deemed inadmissible. This means the prosecution would be left with no evidence, and the case would have to be dismissed.

Even if the officer has reasonable suspicion to pull you over, there must be probable cause to continue the detention past the time necessary to effectuate the traffic stop.

In other words, if the officer pulls you over for speeding, he or she can detain you no longer than the time necessary to issue the ticket, unless he or she has probable cause that you are intoxicated.

DWI Test Defenses

Depending on the facts, there may also be grounds to challenge the administration or accuracy of the DWI test results. Since many Houston DWI cases rely on the allegation that you were operating a vehicle while your blood alcohol level exceeded the .08 legal limit, challenging the validity or accuracy of test results can be a very effective defense.

If test results can’t be used to demonstrate impairment, the prosecutor may be left with little or no evidence.

Field Sobriety Tests
In Texas, officers usually use three field sobriety tests:

One-leg stand
Walk-and-turn
Horizontal gaze nystagmus (HGN)

These tests are designed to measure motor skills and/or concentration, with the idea that these things will be impaired if the person is intoxicated. These tests are flawed because the results can vary depending on the person’s weight, underlying medical conditions, fatigue, physical limitations, lack of coordination or balance, or even the environmental conditions at the time the test was administered.

The HGN test is particularly subjective as it relies on the officer’s interpretation of whether a person’s eye jerks involuntarily in a manner that suggests intoxication while tracking an object controlled by the officer.

Breath Tests

Texas law enforcement uses the Intoxilyzer 5000 machine for breath tests and it measures blood alcohol concentration by way of infrared spectroscopy. This technology is not foolproof and has a standard of error of approximately 20%.

Your results may be negatively impacted by any residual alcohol in your mouth from mouthwash or dental work, medical conditions, weight, the temperature of your breath, and whether the machine has been properly calibrated and maintained.

Blood Tests

A blood test can be administered to measure your blood alcohol concentration if you consent. If you refuse to give consent, the officer may obtain a search warrant to compel you to give a blood sample.

There are numerous ways in which human error can compromise the accuracy of blood tests, be it during the collection, handling, testing, or analysis of the sample.

When an officer obtains a warrant for a DWI blood test, the warrant must be based on probable cause. This means the officer must have some evidence that suggests you committed a DWI. The blood test evidence could be contested if there was no such probable cause to support the warrant in the first place.

Barnett Knows DWI Defenses That Work

If you have been arrested and charged with a DWI, it is important that you contact an experienced Houston DWI attorney as soon as possible. Ned Barnett has significant experience handling DWI cases both as a former prosecutor who tried DWIs and as a criminal defense lawyer.

Barnett knows the many ways a DWI can negatively affect your life and career. That’s why he always fights to get the best possible result.

DWI Attorney Ned Barnett has achieved favorable results in countless DWI cases in the Houston area. He is board certified as a defense attorney by the Texas Board of Legal Specialization and has certifications in DWI field sobriety testing, operation of breath test machines, and gas chromatography, the process used in DWI blood tests.

He knows how to mount strong challenges against DWI evidence, the testimony of police and lab technicians, and can present compelling arguments on your behalf.

Barnett has a reputation as a highly-skilled and well-respected defense lawyer. This includes nearly 30 years of legal experience in Houston, trying criminal cases as a state and federal prosecutor and as a defense lawyer.

His experience and training have earned him invitations to speak as a leader in Texas criminal defense law and he was selected to Super Lawyers as a top-rated criminal defense lawyer in 2015. Additionally, he is a founding member of the National College for DUI Defense.

Contact the Law Offices of Ned Barnett today at (713) 222-6767 to learn more about challenging DWI charges and to schedule an free consultation.

How Much Does A DWI Lawyer Cost?

Each DWI attorney decides their own fees, which means there is not a single answer regarding how much a DWI lawyer costs. Many criminal defense lawyers charge an hourly rate and require an upfront retainer. The amount of the retainer and hourly fee depends on several factors, including the attorney’s years of experience, additional qualifications, and track record of success.

The overall cost of hiring a private attorney for your case can vary drastically depending on the situation. If you have a strong defense and it is likely that your lawyer can have the charges dropped quickly, then the number of hours your attorney spends on your case is likely fewer than if you have a tough case you must take to trial. Every DWI case is unique, and there is no way to predict how many hours a lawyer must work on your case without speaking with an attorney directly.

To speak with an affordable DWI lawyer regarding their fees, call The Law Offices of Ned Barnett right away. (713) 222-6767.

DWI Charges We Handle

The Texas Drunk driving laws can be found in Texas Penal Code, Title 10, Chapter 49. Under Texas Penal Code Section 49.01 (2), legally intoxicated means not having the normal use of mental or physical faculties by reason of the introduction into your body of

Alcohol
A controlled substance
A drug
A dangerous drug
A combination of two or more of those substances or any other substance

You can also be considered legally intoxicated by having a blood-alcohol concentration of .08 or more. In practical terms, not having normal mental and physical faculties could mean behavior such as slurred speech, swerving while driving, or simply not acting normal.

Texas Penal Code Section 49.04 also states that a person commits driving while intoxicated if he/she is intoxicated while operating a vehicle in a public place.

At The Law Offices of Ned Barnett, we handle all types of DWI offenses. Call us immediately if you have been charged with:

First DWI

A first-time DWI in Houston is incredibly stressful and scary. For most, it is likely their first-ever encounter with the police. You are likely not only concerned about the harsh legal penalties like fines and possible jail time, but also the long-term consequences because even a first DWI can impact your job, driver’s license, and criminal record.

What’s Considered a First DWI?

A first DWI in Texas can mean a few different things. Typically, it means being accused of driving under the influence for the first time ever. But it can also mean your first DWI charge in a long time. Texas has a 10-year lookback period. If you had a DWI arrest that happened 11 or more years ago, then your current charge may be considered a first-time DWI.

A first DWI is typically charged as a Class B misdemeanor. However, you could face higher charges if there are aggravating circ*mstances. In either situation, you should speak with a Houston DWI attorney right away.

First DWI Penalties

If convicted of a first DWI offense in Texas with less than a .15 blood alcohol concentration level, the possible penalties include:

A minimum of 3 days in jail and a maximum of 180 days in jail
A fine of up to $2,000
Suspension of your driver’s license for 90 days to 1 year
Annual surcharge fee of $1,000 for 3 years to retain your driver’s license

For adults with a blood alcohol concentration of .15 or more, a first DWI offense is a Class A misdemeanor and the possible penalties include:

Up to 1 year in jail
A fine of up to $4,000
Suspension of your driver’s license for up to 1 year
Annual surcharge fee of $2,000 for three years if blood-alcohol concentration is .16 or more
Installation of ignition interlock device required for 1 year following your period of license suspension

Any number of aggravating factors can increase the penalties for first time DWI offenders. If a person is driving while intoxicated with a passenger who is younger than 15, the offense is a state jail felony.

Generally, a first time DWI will result in probation rather than jail, but if a driver has an open container in his/her possession at the time, there is a mandatory 6-day jail sentence.

In addition, first time DWI offenders are required to take an Alcohol Education Course, which must be an approved 12-hour course within 180 days of when probation was granted. First time DWI offenders should also expect to do at least 24 hours of community service, but no more than 100 hours.

Your License after a First DWI

For individuals who fail or refuse to take a blood or breath test, Texas will attempt to automatically suspend your driver’s license. Individuals have 15 days from the date they receive notice of suspension, to request a hearing.

If you fail to request a hearing within the required timeline, your license will be automatically suspended and you will not have a right to contest the suspension.

Given the potentially devastating consequences for a first-time DWI in Houston, it is important to contact an experienced, local attorney immediately following an arrest. The right DWI lawyer can make all the difference in your case.

Multiple DWI

Second, third, and subsequent DWI arrests will lead to higher charges, which in turn result in harsher punishments. Texas’ look back period is 10 years. Any previous DWI convictions that arose from an arrest within 10 years from the date of your newest arrest will count against you. Multiple DWIs may be charged as a felony and can result in years in prison. To learn about the charges and penalties you face for a second or subsequent DWI, call a DWI lawyer immediately.

Underage DUI

The legal drinking age in Texas and across the U.S. is 21 years old. If you are under 21 years old, pulled over while driving, and the officer suspects you have alcohol or drugs in your system, you can expect to be arrested. Texas has a zero-tolerance policy for underage drinking and driving. If prosecutors have evidence that you had any alcohol in your system while underage and driving, you will usually be charged with a Class C misdemeanor. If there is evidence your BAC was .08 or higher, you may be charged as an adult and face a DWI. Considering the serious penalties and consequences you face as an adolescent, you should call a DUI lawyer.

DWI With a Child Passenger

Texas law takes it very seriously if you are arrested for a DWI while there is a minor in the vehicle with you. Texas Code §49.045 states that if you committed a DWI with a minor 15 years old or younger in the vehicle, you will be charged with a felony. In this situation, it is essential that you have a criminal defense attorney by your side.

Drugged Driving

You can be charged and convicted of a DWI if you are intoxicated while driving. You may assume that means you were drunk from alcohol. However, it can also mean you were physically and/or mentally impaired due to drugs. In Texas, it does not matter if you purchased and took the drugs lawfully, such as if they were a prescription or over the counter (OTC) medication. If the drug caused you to be intoxicated, it was illegal to drive.

Intoxicated Manslaughter

If you operated any type of vehicle while intoxicated due to drugs, alcohol, or both, and you caused a car accident that lead to another person’s death, you may be charged with intoxicated manslaughter under Texas Code §49.08. This is a second-degree felony and can be harshly punished. You will need a DWI lawyer in Houston to defend you.

DWI While on Probation

Getting arrested for a DWI while you’re on probation can have devastating consequences in every aspect of your life. To learn more about the potential penalties of this offense, call a Houston DWI lawyer right away.

Commercial Drivers and Texas DWI

If you have your commercial driver’s license (CDL) and are in your commercial vehicle, then your legal BAC limit is .04 percent. A very small amount of alcohol can put you over the legal limit and cause you to be arrested for a DWI while working. This arrest could be devastating to your career, even if you were not convicted. Depending on your employer’s policies, a DWI arrest could lead you to lose your job. If you are convicted of a DWI, you will lose your CDL and your ability to work as a commercial driver. If you are facing a DWI with a CDL, it is essential you contact a DWI attorney as soon as you can.

Out-Of-State Drivers and Texas DWI

Whether you are in Texas for business or a vacation, being pulled over and charged with a DWI can be devastating. You trip likely ends only days after your arrest. You must head home, yet you still have charges pending in another state. The best for an out-of-state driver like you to handle a Texas DWI is to hire a local attorney. If your DWI case is in Houston or the surrounding areas, contact The Law Offices of Ned Barnett for help.

You cannot ignore an out-of-state DWI. The case will proceed, whether or not you show up to court. If you try to ignore the charges, you will end up with a DWI conviction on your record. The consequences will reach you in your home state, and you will wish that you took the time to defend yourself.