First DWI in Houston: What to Discuss With Your Defense Attorney

Texas Penal Code § 49.04 addresses operating a motor vehicle in a public place while intoxicated. Section 49.01 defines intoxication through impairment or an alcohol concentration of 0.08 or more. A first arrest does not, by itself, answer every question about the charge or its consequences; the facts and any alleged aggravating circumstances need review.

Bring the complaint or charging document if you have it, your case number, release papers, and every court notice. Tell the lawyer which agency arrested you and where the stop occurred. Houston-area cases can involve different counties and courts, so a familiar city name is not enough to identify the correct case.

DPS describes Administrative License Revocation as separate from the criminal case. Its published guidance gives 15 days after service of a suspension notice to request a hearing in the usual notice-at-arrest process. For a suspension notice mailed after blood-test results, the guidance describes 20 days from mailing. Have counsel examine your particular notice immediately rather than assuming either deadline applies to every case.

Save the envelope as well as the notice, and record when and how you received it. Ask who will handle any hearing request and whether that work is included in the representation. Confirm your current driving status before making plans that depend on driving.

For your lawyer, write down what you remember about the drive, the stop, the questions, any roadside exercises, and any breath or blood sample. Mark uncertain times as estimates. Mention medical conditions, injuries, prescribed medication, or language difficulties that may help explain what recordings show; do not decide on your own that they establish a defense.

Keep existing receipts, rideshare records, photographs, and possible witness information. A useful discussion separates what you personally remember from what someone later told you. Ask what police video, testing records, and other material counsel will seek, and what remains unknown before an assessment can be made.

Bring the complete bond paperwork, including attachments. Ask the lawyer to explain each condition, how you will receive setting updates, and whether your personal appearance is required. If an order mentions testing, monitoring, alcohol restrictions, or an ignition interlock device, ask how to comply and how any problem should be reported.

Do not assume a condition disappears because a friend had a different experience. Texas bail law permits particular conditions in specified circumstances, and your signed orders deserve individual attention. Tell counsel about scheduling conflicts early instead of relying on an unanswered message to excuse a missed obligation.

Ask which decisions can be made now and which require the evidence. A responsible discussion should address uncertainty instead of promising a dismissal or predicting an outcome from a short conversation. Before hiring, clarify the fee, scope, communication method, and who handles your matter.

Claudia Lopez is a former Harris County prosecutor who represents people facing DWI allegations. The firm provides direct attorney attention in English and Spanish. Bring your notices and concerns to the consultation so the conversation can focus on your circumstances and the next practical step.

• Which court and license deadlines need action now?
• What evidence is still missing, and how will we review it?
• What should I do if I receive another notice or cannot meet a release condition?