Being charged with a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) in Houston, Harris County, or the surrounding region is a serious legal matter. A conviction can carry high fines, license suspension, jail time, and long-lasting damage to your reputation and career. That’s why securing an experienced defense attorney is crucial — and Mike Kohler is one such attorney serving the Houston area with a deep commitment to aggressive DWI defense.
In this article, we’ll walk through:
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The nature of DWI / DUI charges in Texas
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First steps to take immediately after arrest
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What the legal process generally looks like
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Key defense strategies
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How Mike Kohler (JD, RN) approaches DWI defense
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How to engage Mike Kohler to help you
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FAQs and final thoughts
Understanding DWI / DUI in Texas
What is a DWI / DUI under Texas law?
In Texas, a person who drives a motor vehicle in a public place while intoxicated (by alcohol, drugs, or a combination) commits a DWI offense. A blood alcohol concentration (BAC) of 0.08% or greater is prima facie evidence of intoxication. However, even if your BAC is under 0.08%, you can still be charged if your driving is impaired or if you fail field sobriety tests.
If there are aggravating factors — for example, a prior DWI, injury to another person, or a very high BAC — the charge may become more serious, potentially elevated to a felony.
Potential consequences of a DWI conviction
Even for a first-time DWI (misdemeanor), the penalties can be steep:
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Up to 180 days in jail
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Fines up to $2,000
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License suspension
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Reinstatement surcharges (which may run into thousands)
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Court costs, monitoring fees, ignition interlock device (IID) costs
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Increased auto insurance premiums
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Long-term impact on employment, travel, and personal reputation
Although a first-time DWI is often classified as a misdemeanor, it can still be devastating if not carefully handled. Because the stakes are high, it is unwise to treat a DWI as a “minor” offense or to try to defend yourself without legal counsel.
What to Do Immediately After a DWI Arrest
Every minute matters after a DWI arrest. Taking careful, informed steps can strengthen your defense. Here’s a recommended sequence:
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Be polite and comply
Don’t argue with officers. Use simple respectful responses. -
Refuse field sobriety and breath tests (where legally allowed)
In Texas, you may have the opportunity to refuse certain roadside tests, though refusal carries its own administrative consequences. -
Exercise your right to remain silent
Do not volunteer statements or explanations. Say only that you wish to remain silent and request an attorney. -
Don’t consent to searches
Unless the officer has a warrant or legal justification, you are not obliged to allow a search of your vehicle or person. -
Find out the charges, bail, and bond
Ask what you’re being charged with, and how to post bail if applicable. -
Contact an experienced DWI defense attorney immediately
The sooner the lawyer is involved, the better chance to preserve or gather evidence, spot mistakes, and challenge unlawful actions.
These early steps are critical not just to protecting your constitutional rights, but to shaping the defense strategy from day one.
The Legal Process: From Arrest to Resolution
Understanding how your case will move through the system helps you and your attorney plan effectively. Here’s a general roadmap:
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Arraignment / initial appearance
You’re formally read the charges and advised of your rights. Bail may be set. -
Pretrial period & discovery
Your attorney examines police reports, dash-cam video, breath/blood test results, field sobriety test data, and searches for legal defects (improper stops, calibration errors, procedural violations, etc.). -
Motions hearing(s)
Your attorney may file motions to suppress evidence if the stop was unlawful, or if testing equipment or procedure was faulty. -
Plea negotiations
In many cases, your attorney may negotiate with the prosecution for reduced charges, alternative sentencing, or favorable plea terms. -
Trial (if needed)
If no plea is reached, the case may go to trial. Evidence is presented by both sides. Your attorney cross-examines witnesses, challenges evidence, and presents counterarguments. -
Verdict & sentencing
If found guilty, the judge imposes sentence. Even after conviction, appeals or post-conviction motions may be possible in some cases.
Because of this multi-stage process, early involvement of a skilled defense lawyer is critical—many mistakes become impossible to undo later.
Key Defense Strategies in DWI Cases
What kinds of defenses can your attorney explore? Some of the most effective include:
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Challenging the traffic stop or arrest’s legality
If the stop lacked probable cause or was unconstitutional, evidence may be suppressed. -
Questioning breath or blood test reliability
Calibration errors, chain-of-custody issues, improper procedure, or sample contamination can all be attacked. -
Disputing field sobriety test validity
These tests are subjective and can be affected by health conditions, weather, fatigue, or anxiety. -
Medical conditions or interference
Conditions like acid reflux, neurological issues, tremors, or medications may interfere with test performance. -
Rising BAC defense
In some cases, your BAC may rise between the stop and test due to alcohol still being absorbed. -
Plea to lesser offense or deferred adjudication
If the case is weak, a plea to a lesser offense, probation, or diversion may be preferable to conviction. -
Alternative sentencing or probation
If conviction seems likely, negotiating alternatives like community service or treatment programs may limit serious penalties.
A good criminal defense attorney will combine multiple strategies, customize them to your case, and aggressively pursue the best result.
How Mike Kohler Approaches DWI Defense
Who is Mike Kohler?
Mike Kohler is a Houston-based criminal defense attorney (JD, RN) who has focused on DWI / DUI and general criminal defense for over 20 years. Interestingly, before his legal career, he worked as an Emergency Room Registered Nurse — experience that gives him a unique perspective under pressure.
He received his Juris Doctor with honors in 2000, was admitted to the Texas Bar in 2001, and founded his practice in Houston.
Core principles & philosophy
Mike Kohler emphasizes a professional, personalized, and perfection-driven defense. He does not delegate cases down to junior attorneys — your case is his.
He believes in listening to clients, investigating every lead, and meticulously planning a defense strategy tailored to each case’s facts. His approach to criminal defense strategy explores every legal avenue, identifies weaknesses in the prosecution’s case, and applies aggressive courtroom tactics to obtain acquittals, reduced charges, or dismissals.
DWI-specific experience
On his DWI defense page, Kohler highlights that a failed test doesn’t automatically mean conviction, and that each case must be evaluated individually. He also outlines a step-by-step approach for DWI cases:
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Request a hearing for license suspension
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Identify errors in field sobriety tests
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Challenge probable cause
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Present a defense in court
Mike emphasizes that “Legal to Drink and Drive” is true — an adult over 21 may consume alcohol and still legally drive if their faculties are unimpaired. He also notes that a DWI defense lawyer may succeed in eliminating jail time, reducing fines, or getting the case dismissed.
General criminal defense capabilities
Beyond DWI, Mike represents clients in felony, state jail, and misdemeanor cases across Houston and surrounding counties. He handles theft, assault, drug offenses, domestic violence, and more. His criminal defense strategy page details that he devotes full attention to each case, does not let cases “roll downhill,” and seeks perfection in defense planning.
To learn more about how he handles non-DWI criminal defense cases, see his Criminal Defense Practice page.
Steps to Take Immediately After Contacting a DWI Lawyer
Once you reach out to Mike Kohler, here’s what typically happens next:
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Free consultation / case review
During your initial meeting, Kohler will hear your side, review charges, and assess evidence. -
Full investigation & evidence gathering
He will obtain police reports, video/audio recordings, maintenance records on breathalyzer machines, calibration logs, dash cam footage, field sobriety test data, and any witness statements. -
Determine viable defenses & strategy
Based on facts, he formulates a defense (or combination of defenses) tailored to the strengths and weaknesses of your case. -
File motions as needed
File suppression motions or other pretrial motions to exclude evidence or challenge improper procedures. -
Negotiate with prosecutors
Explore plea deals, reduced charges, alternative sentencing options, or dismissals when appropriate. -
Prepare for trial
If a plea agreement is not acceptable or possible, Kohler will ready the case for trial, including hiring expert witnesses if needed and preparing to cross-examine witnesses. -
Court representation and advocacy
He shows up in court, fights for the best outcome, and keeps you informed at every stage. -
Post-trial or appeal, if necessary
In the event of an unfavorable outcome, your lawyer may pursue appeals or post-conviction motions.
By following these steps, your legal team maximizes the opportunity to reduce penalties, fight dismissal, or clear your record.
Why Hiring a DWI Defense Lawyer Is Essential
Some people may try to represent themselves, thinking a DWI is “not that serious,” but this is a dangerous gamble. Here’s why a skilled attorney matters:
The justice system favors the prosecution
The system is structured to process many cases—your voice is often drowned out without effective legal representation.
Critical deadlines and procedural pitfalls
Missing a filing deadline, failing to challenge evidence, or neglecting a critical motion can weaken or waive defenses permanently.
Expert knowledge and technical challenges
Many DWI cases hinge on technical issues such as calibration, chain-of-custody, or chemical testing. A good lawyer knows how to uncover and exploit these weaknesses.
Negotiation and plea leverage
An experienced attorney can negotiate deals or alternative sentences that you wouldn’t be able to secure on your own.
Long-term consequences at stake
Beyond fines and jail, a DWI conviction can haunt you — in job applications, housing, professional licensing, and more.
As Mike Kohler notes in his practice philosophy, the criminal justice system is not a fair game for individuals who try to go it alone.
How to Reach and Retain Mike Kohler as Your Defense Lawyer
Contact information and first steps
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Phone: 713-249-9382
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Address: 1221 Studewood St. #106, Houston, TX 77008
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Email: [email protected]
Your first meeting (consultation) is typically free or low-cost.
What to bring to your initial meeting
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The official DWI / DUI charge documents
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Police report (if available)
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Breath or blood test results (if you have access)
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Names/contact info of any witnesses
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Any video or audio (dash cam, body cam)
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Your version of events, date/time, location
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Questions you have about the process
What to expect from representation
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Personal involvement: Kohler does not hand your case off to a junior attorney.
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Transparent communication: You’ll receive updates and honest evaluations throughout the process.
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Billing and payment: Mike offers payment plans to help clients during the legal battle.
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Aggressive advocacy: Expect a defense strategy that leaves no stone unturned and fights in court as needed.
When selecting an attorney, also consider Michael’s broader approach to criminal defense: his Criminal Defense Strategy page outlines how he tailors strategies, digs deep into evidence, and fights for favorable outcomes.
Also, his Criminal Defense Practice page provides insight into how he handles non-DWI criminal cases and how his overall practice is structured to protect clients under many types of charges.
FAQs About DWI Defense and Working with Mike Kohler
Q: Can a failed breath test guarantee a conviction?
A: Not necessarily. A failed test is a strong piece of evidence, but it can be challenged — through calibration errors, procedural mistakes, medical conditions, or chain-of-custody disputes.
Q: Will I go to jail for a first-time DWI in Texas?
A: In some cases, potentially yes — up to 180 days is possible. But with strong defense, many first-time DWI charges are reduced, dismissed, or resolved without jail time.
Q: How long do I have to contest a license suspension?
A: You often have only 15 days from notice to request an administrative license revocation (ALR) hearing to protect your driving privileges. Delays can forfeit this right.
Q: Is a DWI always a misdemeanor?
A: No — with aggravating factors (e.g. injury to others, prior DWI, very high BAC), it can become a felony.
Q: What if my case involves both DWI and other criminal charges?
A: Mike Kohler’s broader criminal defense practice allows him to manage combined cases (e.g. DWI + assault), ensuring coordination across charges.
Final Thoughts
If you’re facing a DWI charge in Houston, it’s not something to face alone or delay addressing. The earlier you engage competent legal counsel, the better your chance at limiting the damage to your life.
Mike Kohler brings more than two decades of legal experience, a personal approach to client care, and a track record of fighting vigorously in DWI and general criminal defense matters. His unique background as an ER nurse-turned-lawyer equips him with calm under pressure and a detail-oriented mindset.
If you want to see how he handles broader criminal defense beyond DWI, check out:
If you find yourself charged or under investigation, don’t wait. Call Mike Kohler at 713-249-9382 or email him to schedule a free consultation. Your rights, your record, and your future deserve nothing less than a strong defense.
