A DWI arrest doesn’t make you a criminal. It makes you a person who needs a plan, and the first deadline is already running.
Right now you’re probably replaying the stop in your head: the lights, the questions, the tests, the cuffs. Take a breath. What happens next matters a lot more than what happened last night, and what happens next is our job, not yours.
Jay Cohen is a Houston DWI lawyer. He founded Blass Law in 2009 and has spent his whole career on one side of the courtroom, defending people. Never a prosecutor. Call (713) 664-4000 for a free, confidential consult. No BS, no judgment, just a straight answer about where your case stands.
Why People Facing a DWI Hire Jay Cohen
Jay didn’t stop at cross-examining the State’s science. He learned it:
- ACS-CHAL Forensic Lawyer-Scientist, a designation from the Chemistry & the Law Division of the American Chemical Society held by only a small group of attorneys nationwide
- Certified practitioner and instructor in Standardized Field Sobriety Testing (SFST). Jay is qualified to teach the same tests the officer gave you
- Certified Drug Recognition Expert (DRE)
- Trained in forensic chromatography, the actual lab method behind Texas blood-alcohol results
- Founding member, DUI Defense Lawyers Association; member, National College for DUI Defense; appointed to the Texas Indigent Defense Commission by Gov. Abbott in 2024
Almost every Houston DWI case is built on the stop and on the tests that came after it, field and chemical. The State assumes you’ll take their numbers at face value. We don’t. We pull the maintenance records and the raw lab data. We watch the video. Then we check their work, and often it doesn’t hold up.
The Science Is Our Home Field
The breath machine
The Intoxilyzer doesn’t measure your blood alcohol, it estimates it, using assumptions about your body that may not be true for you. Mouth alcohol, acid reflux and even a low-carb diet can push a reading up. See how we challenge DWI breath tests.
The blood draw
Texas labs analyze blood with headspace gas chromatography. Jay is trained in that exact discipline, so instead of accepting the lab’s one-page report, we read the underlying chromatograms and audit your sample from the draw to the run. Fermentation in the vial and expired tubes show up more often than the State would like you to know. So does sloppy chain of custody.
The roadside tests
The three standardized field sobriety tests are graded on strict NHTSA rules, and officers break those rules, and the video shows it. Jay is a certified SFST instructor. When the officer’s technique is wrong, the “clues” are worthless, and we show the jury exactly why. See how we challenge field sobriety tests.
First Things First: The 15-Day Clock on Your License
Your criminal case and your driver’s license are two separate fights. If you refused testing or blew over the limit, DPS moves to suspend your license automatically, and you have only 15 days from the date you receive your notice of suspension to request the hearing that puts the suspension on hold and lets us fight it. Miss the deadline and the suspension just happens.
Requesting that hearing also gets us an early shot at cross-examining the arresting officer under oath, months before trial. Don’t sit on it. Read what happens at an ALR hearing so you know what’s coming.
What You’re Facing: Texas DWI Penalties
Your exposure under Texas Penal Code Chapter 49:
- First DWI. Class B misdemeanor: up to 180 days in jail, fines and state fees, license suspension. Houston first-offense DWI lawyer
- First DWI with BAC 0.15+. Class A misdemeanor: up to a year in jail and steeper fines.
- First DWI in a school crossing zone. State jail felony under Penal Code § 49.04(e), a change the Legislature made effective September 1, 2025. This one catches people who have no idea the zone applies where they were driving.
- Second DWI. Class A misdemeanor with mandatory minimum jail time. Houston second-offense DWI lawyer
- Third DWI or more. Third-degree felony: 2 to 10 years. Houston third-offense DWI lawyer
- DWI with a child passenger. State jail felony. DWI with a child passenger
- Intoxication assault or intoxication manslaughter. Felonies with prison exposure measured in years, not months. Intoxication assault · Intoxication manslaughter
Beyond the courtroom: the state traffic fine of $3,000 or more, insurance, background checks, professional licenses, immigration consequences. That’s exactly why the goal is to keep a conviction off your record in the first place. That is what Keeping Innocent People Innocent® means in practice.
How We Fight Houston DWI Cases
Every case is different, but the playbook starts the same way. We make the State prove every link in its chain:
- Was the stop legal? No reasonable suspicion, no case. A lot of Harris County stops don’t hold up once we see the video, and the video usually tells the truth.
- Was the arrest supported by probable cause? “Odor of alcohol and red eyes” is not intoxication.
- Do the field tests survive scrutiny? Instructor-level review of every clue the officer claims.
- Does the chemical test survive scrutiny? Machine records, lab audits, raw chromatography data.
- Should you take a plea at all? You’ll get a straight answer from us. If a deal is truly your best outcome, we’ll negotiate it hard, but we prepare every case like it’s going to trial, because that’s what gets the good offers.
Real Results for Our Clients
Prior results do not guarantee a similar outcome. See all case results →
Your DWI case is set in one of the sixteen county criminal courts at law at 1201 Franklin. If you need to know which judge you drew, what floor to go to, and who to call about a setting, our Harris County criminal court directory lists all of them.
DWI cases we handle in Houston
- By charge: first DWI, second DWI, third DWI, fourth DWI, felony DWI, DWI with a child passenger, intoxication assault and intoxication manslaughter
- The evidence: breath tests, blood tests, field sobriety tests, prescription drugs and marijuana and THC
- Your license: the ALR hearing, occupational licenses, CDL drivers, SCRAM bracelets and open container
- Your situation: college students, drivers under 21, out-of-state drivers, business owners, gun owners, pilots, motorcycle riders and licensed professionals
- After the case: DWI probation, clearing an old DWI and the Texas DWI process from arrest to verdict. Every statute and punishment range is on our Texas DWI laws and penalties page.
What to Do Right Now
- Write down everything you remember. The stop, what was said, the tests, timing.
- Calendar day 15. The ALR request deadline is unforgiving.
- Stop talking about the case. Not to friends, not on social media, and definitely not to investigators.
- Call us: (713) 664-4000. The earlier we’re in, the more evidence we can preserve. Video gets overwritten, machines get “recalibrated,” memories get convenient.
Houston DWI FAQs
How much does a DWI lawyer cost in Houston?
Less than a conviction. Fees depend on whether your case is a first-offense misdemeanor or a felony headed to trial, and we’ll quote you a flat picture up front at the free consult, no surprises. When you weigh it against the $3,000-plus state traffic fine, insurance hikes and a permanent record, fighting the case is usually the cheaper path.
Can I beat a DWI if I failed the breath or blood test?
Yes. People do it every week in Harris County. A number is only as good as the machine, the operator, and the lab that produced it. We’ve seen breath scores undermined by medical conditions and maintenance failures, and blood results undone by how the sample was stored and analyzed. Our forensic approach goes looking for exactly those problems.
Should I have refused the tests?
That decision’s already made, so don’t beat yourself up either way. A refusal gives the State less evidence but triggers a longer license suspension; a failed test gives us science to attack. Either way, there’s a defense path.
Will I lose my license?
It can happen automatically if you don’t act. If you refused or tested over the limit, you must request an ALR hearing within 15 days of receiving your notice of suspension. Even if a suspension eventually lands, we can usually get you an occupational license so you can keep driving to work.
Is a first DWI worth fighting?
Almost always. A first conviction follows you for life in Texas, and there’s no automatic expunction. Beat the case or resolve it the right way, and you may be able to clear or seal your record entirely.
Talk to a Houston DWI Lawyer Today
The State already has a lawyer working on your case. You should too. Call Blass Law at (713) 664-4000 for a free, confidential case review. The earlier we start, the more we can do.
Blass Law PLLC · 917 Franklin St, Suite 400, Houston, TX 77002. Proudly serving Houston and surrounding communities including Sugar Land, League City, Baytown, and Pearland.
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.