What is DWI?
DWI stands for “driving while intoxicated”. Texas law defines intoxication as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug…”. Read more about what is DWI in Texas.
Are You a Candidate for Record Expungement?
We all go through great lengths to protect our private information, but often overlook one of the most important and powerful elements of our personal profiles. A Houston criminal record expunctions lawyer is ready to help you and will check if you are legally included in the record expungement procedure.
What should I wear to court?
You only have one chance to make a great first impression. There are usually a lot of people in the court wearing all sort of things. We’ve seen people in court wearing pajamas, pants ripped in the crotch, halter tops, etc. Our clients don’t wear those things, we encourage clients to make an effort to look nice. It doesn’t matter if you have to borrow a suit that is four sizes too big, that shows you are trying. Everyone has different financial abilities and that is OK, the point is, show that you are trying.
How long am I going to be in court?
You’re going to be in court as long as it takes. Typically when the docket is called, we can get you out of court relatively quickly. Criminal court isn’t run in a very organized way so it can vary from 1 hour to all day. Most of our clients are only in court for a few hours.
Will I have to say anything in court?
Typically, the only time you have to say anything is when the Judge or coordinator is calling the docket. At a minimum, you will need to let them know you are present. Some courts will also ask you to say the name of your lawyer.
Will the arresting officer be in court?
The arresting officer only has to be in court during trial. On typical court dates before trial, the arresting officer will not have to attend.
Will the complaining witness be in court?
The complaining witness is only required to be in court during trial. The district attorney will contact them outside of court hours to interview them. We have had complaining witnesses show up at other times when they weren’t needed. This usually helps our case because this shows the district attorney they are crazy and / or have a different motive.
What should I bring to court?
If you like to read, bring a book. There is a lot of waiting. We recommend taking a notepad and writing down what you observe in court. You will want to forget being in court as quickly as possible, tearing up the notes you made is very rewarding.
Can I bring a cell phone to court?
You can bring a cell phone with you to court. Be sure to turn your cell phone off and put it in your pocket or bag once you enter the courtroom. If you are seen using a cell phone in court there is a good chance you will be asked to put it away. Some courts will even take the phone until the end of the day.
I have a concealed handgun license, can I bring a gun to court?
No, you cannot bring a gun to court. Guns are not allowed in the courthouse. Please leave all guns at home.
Can I bring my girlfriend / boyfriend / spouse / friend to court?
You can bring whoever you want to court, but it’s probably not the best idea. Space is usually limited in the courtroom and a lot of courts will ask your significant other to wait in the hallway alone. They obviously came to court with you to be supportive, and it’s hard to do that sitting in the hallway alone. We frequently see public displays of affection in the elevator or on the benches outside the courtroom. If that’s what you are into, that’s OK, just make sure to keep it outside the courtroom. Condoms have been seen on the elevator floor, the elevators in court are slow, but they aren’t that slow.
What is HCCSCD CSRP policy regarding community service hours?
The Harris County Community Supervision & Corrections Department defines the rate at which someone on probation should complete community service hours. Community service hours are now called Community Service Restitution Program hours. This means your probation officer will tell you how many hours you need to complete a month.
How long does it take for a person to get transferred to TDCJ or prison from the county jail?
This timeframe varies but it is usually around 30 days. The county notifies TDCJ to pick up the inmate. If the inmate stays in the county jail more than 45 days, the State has to pay the county $45 per day. We all know money is an incentive so they are typically picked up before the 45th day.
Can the police keep my money?
It depends. The government has 30 days from the date of seizure to file a law suit called a forfeiture. The government will serve you with notice and we must respond quickly. We have represented many clients in asset forfeiture cases and have recovered hundreds of thousands of dollars for our clients.
Can my deferred adjudication be terminated early?
It is possible to early terminate deferred adjudication sentences. Texas Code of Criminal Procedure, Section 42A.111 states, the Judge may early terminate before the term of deferred adjudication ends if, in the judge’s opinion, the best interest of society and the defendant will be served by termination. You cannot early terminate a deferred when the defendant is charged with an offense requiring the defendant to register as a sex offender under Chapter 62.
Is Getting in Someone’s Face Considered Assault?
Getting in someone’s face can be considered assault in certain situations. Texas Penal Code § 22.01 defines assault as intentionally or knowingly threatening to cause imminent bodily injury to another person. Read more to see if Getting in Someone’s Face is Considered Assault.
How Long Do You Go to Jail for Drug Possession?
How long you go to jail for drug possession depends on several factors including the weight of the controlled substance and whether you have any prior convictions. If you face charges in Texas, a Houston drug possession attorney can offer further guidance based on the specifics of your case. Read more to see How Long Do You Go to Jail for Drug Possession.
How Long Does it Take to Get Your Record Expunged in Texas?
It can take anywhere from a few weeks to a few months to get your record expunged in Texas. While the process requires patience, having a clean criminal record could be invaluable when the court grants your request. There are many circumstances that affect whether a person can expunge an arrest from their record. Read more to learn How Long Does it Take to Get Your Record Expunged in Texas
Can You be Held without Bond?
According to Section 11 of the Texas Constitution, “all prisoners shall be bailable by sufficient sureties, unless for capital offenses”. This means, in most cases, you cannot be held without bond. Read more to understand if you can be held without bond.
How Much Does a Texas DWI or DUI Cost?
How much does a DWI (driving while intoxicated) lawyer cost? It’s a common question for people accused of DWI in Texas. With court fees and fines adding up, it may seem pointless to spend money on an attorney. But investing in an experienced Houston DWI lawyer can save you money, time, and hassle in the long run. Read more about How Much Does a Texas DWI or DUI Cost.
What Are the Three Elements of Assault?
It is possible to define assault based upon legal criteria—in fact, knowing and proving these criteria will be the job of the prosecutor if you are charged with assault. According to Texas Penal Code Section 22.01, the three legal types of assault are: Assault Elements.
Can you File Assault Charges for Someone Else?
Anyone who is the victim of a crime or who witnesses a crime can call their local police department to make a complaint or request law enforcement to come to the scene. In Texas, the prosecutor – not the alleged victim – files charges and prepares criminal proceedings against the defendant in an assault case. Read more to see if you Can File Assault Charges for Someone Else.
What Crimes Can Be Expunged in Texas?
The Texas State Bar notes that certain misdemeanor and felony charges can be expunged in Texas. The details and outcome of your offense will determine whether or not it can be removed from your criminal record. These details include the outcome of the case, how long ago the offense took place, whether you were a minor, and the offense’s severity. Read more to learn What Crimes Can be Expunged in Texas.
How Do You Get a DWI Expunged from Your Record?
If any of these scenarios apply to your situation, then you may be able to get your DWI arrest expunged from your record. Not only could getting this offense removed from your record give you a “clean slate,” but it could also be beneficial while you apply to jobs, secure housing, and continue your education. Learn more about How Do You Get a DWI Expunged from Your Record.
What Happens at an ALR Hearing?
An ALR hearing looks a lot like a very short criminal trial, however, your ALR hearing is separate from your DWI case. An ALR hearing is a gold mine for discovery and testimony regarding your criminal case. It is also an opportunity to keep your driver’s license from being suspended because of either providing a breath or blood sample over the legal limit of 0.08 or refusing to take a breath or blood test. Read here What Happens at an ALR Hearing.
Can a Family Sue for Wrongful Death?
Yes, a family can sue for wrongful death if the death was caused by another party’s negligence, recklessness, or carelessness. According to Texas Civil Practice and Remedies Code §71.002, a person can be held liable for damages that arise from an individual’s death if “the injury was caused by a wrongful act, neglect, carelessness, unskillfulness, or default.” Read more about who can sue for wrongful death in Texas.
What Constitutes a Wrongful Death?
Texas Civil Practice and Remedies Code §71.002 notes that any death that results from a wrongful act, carelessness, neglect, unskillfulness, or default constitutes a wrongful death. Read more about what constitutes a wrongful death in Texas.
What Are the Main Causes of Car Accidents?
The National Highway Traffic Safety Administration (NHTSA) reports that driver error, vehicular malfunction, and environmental hazards are the leading causes of car accidents nationwide. Read more about the main causes of car accidents.
Do I Need a Lawyer After an Accident?
Following any accident, whether it be a collision, dog bite, or slip and fall, you are not required to have a lawyer, but making that decision is usually a mistake. Read more about whether you need a lawyer after an accident.
Can You Settle a Car Accident Without a Lawyer?
Yes, you can settle a car accident injury claim without a lawyer, but it is a wise decision to work with a personal injury attorney. Read more about settling a car accident claim without a lawyer.
What Is the Most Common Cause of Motorcycle Accidents?
According to the National Highway Traffic Safety Administration (NHTSA), most motorcycle crashes involve passenger vehicles failing to detect riders and striking them, with driver error a factor in 94% of collisions. Read more about the most common causes of motorcycle accidents.
Browse every question we answer
Below is the full index of our FAQ library, sorted by the kind of case it belongs to. If you do not see your question here, call us and ask it directly.
DWI and driving offenses
Most of the questions we hear start with a DWI arrest. What happens to your license, what a breath or blood test actually proves, what a first offense really costs, and how a second or third charge changes the math.
- Am I Guilty of a DWI if I Fail a Breathalyzer in Texas?
- Can a DWI Be Dismissed in Texas?
- Can a Passenger Be Charged With a DWI in Texas?
- Can DWI Charges be Brought Back Up after Being Dismissed?
- Can I Be Charged with a DWI without Proof?
- Can I Get a DWI for Driving on Prescription Drugs?
- Can I Get Probation for a Third DWI in Texas?
- Can I Plea Bargain My DWI Case in Texas?
- Can I Sue a Drunk Driver Who Hit Me in Texas?
- Can I Sue the Bar That Over-Served the Drunk Driver? Texas Dram Shop Law
- Can You Buy a Gun With a DWI in Texas?
- Can You Get a CDL With a DWI in Texas?
- Can You Get a DWI on a Bicycle in Texas?
- Can You Get a DWI on an ATV in Texas?
- Can You Get a DWI on Private Property in Texas?
- Can You Get a Mortgage With a DWI?
- Can You Get Deported for a DWI in Texas?
- Can You Get Financial Aid With a DWI Conviction?
- Can You Lose Your Medical License After a DWI in Texas?
- Can You Rent an Apartment With a DWI?
- Does a DWI Affect Your Credit Score?
- DUI vs. DWI in Texas: What’s The Difference?
- DWI Probation in Texas: What You Need to Know
- Hit by a Drunk Driver in Texas: How the Criminal Case Affects Your Injury Claim
- How a DWI Can Affect Your Business License
- How a DWI Can Impact Child Custody in Texas
- How Do I Get My Car Back After a DWI Arrest in Texas?
- How Do You Get a DWI Expunged From Your Record?
- How do You Win an ALR Hearing in Texas?
- How does a DWI Affect My Professional License in Texas?
- How Hard Is It to Beat a DWI Charge in Texas?
- How Long Does a DWI Affect Your Car Insurance in Texas?
- How Long Does a Texas DWI Stay on Your Record?
- How Long Does an ALR Hearing Take in Texas?
- How Long Is Probation for First Time DWI in Texas?
- How Long Is Probation for First-Time DWI in Texas?
- How Much Does a DWI Cost in Houston, Texas?
- How Much does a DWI Cost in Texas?
- How Much Is Bail for a DWI in Texas?
- How to Get Your DWI Charges and Penalties Reduced in Texas
- How to Look Up DWI Records In Texas?
- How to Win a DWI Case in Texas?
- Is a DWI a Felony in TX?
- Is Jail Time Mandatory for a First-Time DWI in Texas?
- Punitive Damages in a Texas Drunk-Driving Case
- What Compensation Can I Recover After a Drunk Driving Accident in Texas?
- What Degree Felony is DWI?
- What Do You Say in Court for a DWI?
- What Does Intoxicated Mean in Texas?
- What Evidence Is Needed for a DWI Conviction?
- What Happens at an ALR Hearing in Texas?
- What Happens if You Get a DWI While on Probation?
- What Happens if You Get a Second DWI in Texas?
- What Happens if You Violate Probation After a DWI in Texas?
- What Happens on Your First DWI in Texas?
- What Happens When You Get 3 DWI in Texas?
- What Happens When You Get a 4th DWI in Texas?
- What Happens When You Get a Fifth DWI in Texas?
- What Is a No Refusal Weekend?
- What Is the ALR Program?
- What Is the Difference Between a DWI and a DUI in Texas?
- What Is the Fine for First Offense DWI in Texas?
- What is the Penalty for a DWI With a Child Passenger?
- What Jobs Can You Get with a DWI in Texas?
- What Kinds of Drugs Can Result in a DWI?
- What to Do if You Get Pulled Over for a DWI During a No Refusal Weekend
- What’s The Average Sentence for a 2nd DWI in Texas?
- Will a DWI Affect Your Scholarship in Texas?
- Will I Have to Do Community Service if I Get a DWI?
- Will Your License Be Suspended After a DWI?
- Wrongful Death Caused by a Drunk Driver in Texas
Car accidents and injury claims
If you were hurt in a crash, these cover the money side of it. Who pays, how the insurance company decides what to offer, what your case may be worth, and the deadlines that run quietly in the background.
- Average Car Accident Settlement in Texas: Why That Number Is Useless
- Can a Family Sue for Wrongful Death?
- Can I File a Claim If I Was Injured on an Offshore Platform in Texas Waters?
- Can I Sue a Business for a Slip and Fall Even Without a Written Incident Report?
- Can I Sue Uber or Lyft Directly After an Accident?
- Can You Settle a Car Accident Without a Lawyer?
- Do I Need a Lawyer After an Accident?
- Herniated Disc After a Car Accident in Texas
- Hit by an Uninsured or Underinsured Driver in Texas — What Are Your Options?
- How Is Pain and Suffering Calculated in Texas?
- How Long Do I Have to File a Personal Injury Claim in Texas?
- How Long Do I Have to File a Truck Accident Lawsuit in Texas?
- How Long Does a Car Accident Case Take in Texas?
- How Much Does a Personal Injury Lawyer Cost?
- How Much Does It Cost to Hire a Personal Injury Lawyer?
- How to Get Your Houston Car Accident Crash Report (Texas CR-3)
- PIP vs. MedPay in Texas: What’s the Difference?
- Should I Give the Insurance Adjuster a Recorded Statement?
- Should I See a Doctor After a Car Accident If I Feel Fine?
- Texas Minimum Car Insurance Requirements (30/60/25) — and Why They’re Not Enough
- The 51% Rule: How Fault Percentages Change Your Texas Settlement
- The Insurance Company Called After My Car Accident. Should I Answer?
- The Insurance Company Denied My Car Accident Claim in Texas — What Now?
- Traumatic Brain Injury After a Car Accident in Texas
- What Are the Main Causes of Car Accidents?
- What Constitutes a Wrongful Death?
- What Do I Need to Prove in a Texas Slip and Fall Case?
- What Federal Regulations Apply to Commercial Truck Drivers in Texas?
- What If the Rideshare Driver Was Not at Fault for My Accident?
- What Is a Letter of Protection in Texas?
- What Is Maintenance and Cure Under Maritime Law?
- What Is My Car Accident Case Worth in Texas?
- What Is My Legal Status as a Visitor and Why Does It Matter?
- What Is My Personal Injury Case Worth?
- What Is the Jones Act and Does It Apply to My Injury?
- What to Do After a Car Accident in Texas (and What Not to Do)
- Whiplash and Soft-Tissue Injury Claims in Texas
- Who Is Liable If I’m Injured in an Uber or Lyft Accident in Texas?
- Who Pays My Medical Bills After a Texas Car Accident?
- Why Are Truck Accident Claims More Complicated Than Car Accident Claims?
Drug charges
Most drug cases turn on two things: whether the search was legal, and whether the State can tie the substance to you. These answer the questions that come up most often.
- Can I Choose Rehab Instead of Jail for Drug Charges?
- Do First-Time Drug Offenders Go to Jail in Texas?
- How Long Do You Go to Jail for Drug Possession?
- How to Beat a Drug Trafficking Charge?
- Is it Considered Illegal to Drive Under the Influence of Prescription Drugs?
- Is Possession of a Controlled Substance a Felony in Texas?
- Is Xanax a Controlled Substance?
- What Are Controlled Substances in Texas?
- What are the Penalties for Controlled Substance Possession in Texas?
- What Drugs are Felony Charges?
- What Grounds Do Police Need for a Drug Search?
- What Happens If I Am Charged With a Drug Offense in Texas?
- What Happens if You Fail a Drug Test During Probation?
- What is Considered a Drug Offense?
- What is the Bond for Possession of a Controlled Substance in Texas?
- What Is the Legal Definition of Possession?
- What Penalties Can I Face for Possession of a Controlled Substance in Texas?
- What to Do if You Are Caught with a THC Pen?
- Will I Lose My License if I’m Charged With a Drug Crime?
Assault and family violence
An assault charge in Texas can be anything from a citation-level misdemeanor to a first-degree felony, and a family violence finding carries consequences that outlast the case itself.
- Can you File Assault Charges for Someone Else?
- How Can an Assault Case Get Dismissed
- Is Aggravated Assault a Felony in Texas?
- Is Assault on a Family Member a Felony in Texas?
- Is Domestic Violence a Felony in Texas?
- Is Getting in Someone’s Face Considered Assault?
- What Are the Three Elements of Assault?
- What Is the Difference Between Harassment and Assault?
Sex crimes
Allegations of a sex offense move quickly and follow you for years. These explain the charges, the deadlines that apply, and when registration comes into play.
- Can I Lose My Job if I’m Charged With Sexual Assault in Texas?
- How Can I Get a Sexual Assault Charge Dropped?
- Is Sexual Assault a Felony in Texas?
- What Evidence is Needed for a Sexual Assault Charge in Texas?
- What Is the Age of Consent in Texas?
- What Is the Burden of Proof for Sexual Assault in Texas?
- What Is the Romeo and Juliet Law in Texas?
- What Is the Statute of Limitations for Sexual Assault in Texas?
- Will I Go to Jail for a Sexual Assault Charge in Texas?
Arrest, bond, court, and your record
The parts of a criminal case nobody sits you down and explains: how bond is set, what an arraignment and an indictment actually mean, what deferred adjudication does, and what ends up on your record.
- Can You Get Deferred Adjudication for a DWI in Texas?
- Does an Arraignment Mean You’re Going to Jail?
- Does Being Indicted Mean Jail Time?
- How Long Does it Take to Get Your Record Expunged in Texas?
- How Many Grams Is a Felony in Texas?
- Should I Give a Statement to the Police?
- What Are Texas Stand Your Ground Laws?
- What Crimes Can be Expunged in Texas?
- What Does it Mean to Be Indicted?
- What If I Am Falsely Accused of a Crime?
- What Is a Class a Misdemeanor in Texas?
- What is a Class B Misdemeanor in Texas?
- What Is a Diversion Program?
- What Is an Arraignment Hearing?
- What Is Deferred Adjudication in Texas?
- What is Proof Beyond a Reasonable Doubt?
- When Can the Police Lie to You?
- Will You Go to Jail if Convicted?
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.