A Houston DWI charge deserves a close examination of the evidence—not a sales pitch about guaranteed results. The Napier Law Firm represents people facing misdemeanor and felony DWI charges in Houston and Harris County. We focus on the stop, the investigation, the testing, and the decisions that affect your defense.
Call (713) 470-4097 to discuss representation. Have your charge paperwork, next court setting, and any DPS suspension notice available. A pending criminal case does not put the separate driver’s license deadline on hold.
Your Houston DWI Defense Attorneys
George A. Napier is the firm’s primary DWI attorney. He served in the Montgomery County District Attorney’s Office from 2012 to 2018, serving as a chief and felony prosecutor, before entering private criminal defense practice. His prosecution background informs how he evaluates the State’s evidence and prepares a defense.
Monica Cooper Napier also handles misdemeanor and felony DWI cases. Ask which attorney will handle your case. Read their biographies for more about their backgrounds.
A consultation should give you a clearer understanding of the charge, the records that need review, who would handle the matter, and the proposed scope of representation. Awards and ratings do not predict the outcome of a DWI case.
Understanding the DWI Process in Houston and Harris County
Start with the actual paperwork: the alleged offense, assigned court, release conditions, and next setting. A Houston arrest should not be treated as a complete account of the case or a substitute for checking which court has it. Preserve the documents and notices you received so counsel can assess the criminal and licensing issues separately.
The evidence review should compare the officer’s report with available video, witness information, and breath or blood records. A test result is evidence to evaluate, not a verdict. The State must prove the charged offense; the defense does not start from an assumption that you must prove your innocence.
For a useful first discussion, have:
- Charging and release paperwork, including any bond conditions and court notices.
- Every DPS notice and its envelope, if mailed.
- A timeline of the stop, arrest, and specimen collection, with any uncertainties identified.
- Information about prior alcohol-related cases and whether you hold a commercial license.
Do not treat an online summary as permission to disregard a court order or drive while suspended. Have the actual records reviewed.
What Texas Must Prove—and What Can Change the Charge
Penal Code §§ 49.01 and 49.04 define DWI as intoxication while operating a motor vehicle in a public place. Intoxication means an alcohol concentration of 0.08 or more, or loss of the normal use of mental or physical faculties because of alcohol, drugs, or another substance. A result below 0.08 does not by itself defeat the charge.
An ordinary first DWI is generally a Class B misdemeanor, with a 72-hour minimum confinement term, up to 180 days in jail, and a fine up to $2,000. A qualifying specimen analysis of 0.15 or more makes DWI a Class A misdemeanor, with up to one year in jail and a fine up to $4,000. An open container in the driver’s immediate possession can increase the Class B minimum confinement term to six days.
One qualifying prior intoxication conviction generally makes DWI a Class A misdemeanor with a 30-day minimum confinement term. Two qualifying prior convictions generally make it a third-degree felony, ordinarily punishable by two to ten years in prison and a fine up to $10,000. These are general ranges under Penal Code Chapter 12 and Chapter 49; other enhancement and sentencing rules may apply.
A first charge can also be a felony. DWI with a passenger younger than 15 is a separate state jail felony under § 49.045. Section 49.04(e), effective September 1, 2025, makes DWI in a school crossing zone a state jail felony when the reduced speed limit applies. The offense date matters. The ordinary state-jail range is 180 days to two years and a fine up to $10,000. Intoxication causing serious bodily injury or death can lead to different, more serious charges; an accident alone does not establish all their elements.
The listed criminal fines are not an all-in cost estimate. Transportation Code § 709.001 provides additional fines, with a required waiver of fines and costs under that section upon a court finding of indigency. License consequences require a separate analysis.
Under-21 DUI and commercial-license rules should not be confused with the DWI definition. Alcoholic Beverage Code § 106.041 separately addresses a minor operating a vehicle in a public place with detectable alcohol. The commercial 0.04 threshold concerns operating a commercial motor vehicle; it is not a blanket criminal DWI threshold for every CDL holder. A DWI or refusal in a personal vehicle can still threaten commercial driving privileges under Transportation Code § 522.081.
Building a Defense Around the Records
A useful defense review asks concrete questions. What was the basis for the stop and continued detention? What did the video show before and during field testing? Were instructions followed? Do the collection, maintenance, laboratory, and timing records support the reported result?
Those questions are not automatic defenses. A physical limitation may explain a particular observation without disproving intoxication. A possible testing issue needs support in the records. A dispute about the stop or search requires legal analysis before anyone can say whether evidence should be excluded.
Refusing a blood or breath test does not guarantee the absence of evidence. Texas’s statutory warnings address license consequences, possible use of the refusal in a prosecution, and an officer’s ability to seek a warrant. This page does not tell you to refuse testing or promise an opportunity to consult counsel before a specimen request.
Negotiation and trial preparation should be informed by the same evidence review. A high test result does not make guilt inevitable, and a plea discussion does not mean a client has no choice. Any proposed resolution needs an explanation of its consequences, alternatives, and eligibility limits. No lawyer can promise a reduction, dismissal, probation, or acquittal.
The Separate Driver’s License Proceeding
An ALR hearing concerns a proposed DPS suspension and is separate from the criminal case. The deadline runs from the suspension notice, not automatically from arrest. DPS describes 15 days after service of notice and, for a mailed notice after a consensual blood test, 20 days from mailing. Chapter 524 treats notice as received on the fifth day after mailing and requires the request within 15 days after presumed receipt.
A timely request stays the proposed ALR suspension pending the administrative decision. It does not remove another suspension or commercial disqualification, and an ALR win is not a guarantee that you may drive without restriction. Have the notice reviewed promptly rather than waiting for your next criminal-court setting.
An occupational driver license may be available for eligible noncommercial driving. Eligibility depends on the suspension and other circumstances. The court order and required documentation must go to DPS for issuance; a court order is not itself the DPS-issued license. An occupational license cannot authorize commercial driving during disqualification.
Fees and What Representation Includes
How are your DWI fees structured?
Our DWI fee is typically divided into a pretrial fee and a separate jury-trial fee. The pretrial fee covers representation leading up to a jury trial, including the ALR hearing and pursuing an occupational driver’s license if needed. You pay the separate trial fee only if your case needs to proceed to a jury trial.
Are experts, investigators, and payment plans included?
Expert and investigator costs are separate from the pretrial fee. We confirm those costs with you before incurring them. Payment plans are considered on a case-by-case basis.
Contact The Napier Law Firm About Your Houston DWI Case
Call (713) 470-4097 to discuss hiring counsel for your Houston or Harris County DWI case. Put the charge, next setting, and DPS notice in front of a lawyer so the defense and deadlines can be evaluated together. For statewide background, see our Texas DWI defense page.
This page provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship. No outcome is guaranteed.