Navigating the criminal justice system in Texas can be overwhelming—especially if you’re facing a DUI charge in Houston. At Mike Kohler, Esq., Criminal Defense Lawyer, we know how a single arrest can threaten your reputation, career, and freedom. Whether this is your first run-in with the law or you’re dealing with a more complex situation, you need an experienced defense attorney who knows how to challenge the evidence, protect your rights, and secure the best possible outcome.
In this article, we’ll break down what a DUI really means in Houston, how it differs from a DWI, and most importantly—how Mike Kohler Esq. can defend you with a strategy built on years of courtroom experience.
Understanding DUI vs. DWI in Texas
In Texas, two common acronyms are used when referring to impaired driving charges: DUI and DWI. While they may seem interchangeable, they have distinct legal meanings—and the difference can determine how your case unfolds in court.
What Is a DWI?
DWI stands for Driving While Intoxicated. Under Texas Penal Code § 49.04, you can be charged with a DWI if you’re caught operating a motor vehicle in a public place while:
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Having a Blood Alcohol Concentration (BAC) of 0.08% or higher, or
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Lacking the normal use of mental or physical faculties due to the use of alcohol, drugs, or a combination of both.
DWI charges can result in severe consequences including:
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License suspension
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Heavy fines
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Jail time
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Mandatory alcohol education classes
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Installation of an ignition interlock device
DWI is a Class B misdemeanor in most cases but can be enhanced to a felony if aggravating circumstances exist (e.g., a child in the car, multiple offenses, or an accident resulting in injury).
What Is a DUI?
DUI, or Driving Under the Influence, applies primarily to drivers under the age of 21. Texas has a Zero Tolerance Policy for minors operating a vehicle with any detectable amount of alcohol in their system.
A DUI under Texas Alcoholic Beverage Code § 106.041 is a Class C misdemeanor, which may seem less serious than a DWI—but it still comes with penalties such as:
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Driver’s license suspension
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Fines up to $500
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Mandatory alcohol awareness courses
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Community service
Key Differences Between DUI and DWI in Texas
| Feature | DUI | DWI |
|---|---|---|
| Age Group | Under 21 | 21 and older |
| BAC Level | Any detectable alcohol | 0.08% or higher (or impairment) |
| Classification | Class C misdemeanor | Class B misdemeanor or higher |
| Penalties | License suspension, fines, classes | Fines, jail, license suspension, ignition lock |
Arrested for DUI in Houston? Here’s What Happens Next
A DUI arrest can unfold quickly—but its consequences may last for years. The process typically includes:
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Field Sobriety Tests or Breathalyzer – Officers will test for signs of impairment. Even a small trace of alcohol can result in charges for minors.
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Arrest and Booking – You’ll be taken to jail for fingerprinting, a mugshot, and detention.
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License Suspension Notice – An Administrative License Revocation (ALR) hearing is required to contest the suspension.
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Court Appearances – You’ll be given a court date to face charges.
Having Mike Kohler Esq. involved from the moment of your arrest gives you a significant legal advantage in fighting these charges.
Why Choose Mike Kohler Esq. to Defend Your DUI Charge?
As a seasoned criminal defense attorney based in Houston, Mike Kohler has built his reputation on meticulous preparation, aggressive defense, and compassionate guidance. His practice is grounded in providing clients with a strategic defense plan tailored to their individual case, not cookie-cutter tactics.
When you’re up against the Harris County legal system, you want someone who knows the local courts, judges, and prosecutors—and who will advocate for you without compromise.
Explore how Mike crafts strong legal defenses by visiting our page on criminal defense strategies in Houston.
How Mike Kohler Defends DUI Charges
Every DUI case is different—but here are just some of the defense angles Mike may use in your case:
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Unlawful Traffic Stop – If there was no probable cause for the stop, any evidence collected may be thrown out.
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Improper Sobriety Testing – Field sobriety tests are often poorly administered and subjective.
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Breathalyzer Inaccuracy – Machine calibration, operator error, or medical conditions may cause false readings.
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No Impairment Evidence – The prosecution must prove impairment or illegal BAC beyond a reasonable doubt.
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Violation of Rights – If your rights were violated during the arrest process, the charges could be reduced or dismissed.
DUI Charges and Your Future: What’s at Stake?
Many people charged with DUI think it’s a “slap on the wrist.” The truth is, even a first-time conviction can have long-term consequences, including:
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Employment Issues – Background checks may reveal your criminal record, making it harder to find a job.
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Insurance Premium Hikes – A DUI conviction can double or triple your auto insurance rates.
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College Admission or Scholarships – Minors with DUIs may lose financial aid or college acceptance.
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Professional Licenses – Teachers, nurses, and other licensed professionals may face disciplinary action.
With so much at stake, choosing an experienced criminal defense attorney like Mike Kohler can make all the difference.
Minors and DUI: What Parents Should Know
If your child has been charged with DUI, you need to act fast. In many cases, parents assume that a minor DUI is no big deal and will disappear from a record. But in Texas, even juvenile charges can leave a lasting impact.
Mike Kohler understands that minors deserve a second chance—not a lifetime of penalties. He works directly with families to resolve these cases favorably, including seeking options like:
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Deferred Adjudication
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Expunction (Record Clearing)
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Community-based alternatives to jail
Repeat DUI Offenses: Increasing Penalties
If you’ve been charged with DUI or DWI before, Texas does not go easy on repeat offenders. Subsequent charges bring significantly harsher consequences, including:
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Mandatory jail time
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Higher fines
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Longer license suspensions
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Felony charges
If you’re facing a second or third DUI-related charge, having an experienced criminal defense lawyer like Mike Kohler is essential. He’ll help you avoid the worst penalties and seek out options for mitigation, rehabilitation, or dismissal whenever possible.
Our Criminal Defense Practice Areas
DUI defense is just one part of Mike Kohler’s wide-ranging criminal law practice. If you’re dealing with other criminal charges, from misdemeanors to serious felonies, Mike is prepared to defend you with the same dedication and experience.
Visit our full overview of criminal defense practice areas to learn more about how Mike Kohler can assist with:
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Drug charges
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Theft and burglary
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Assault and violent crimes
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Juvenile crimes
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White-collar crimes
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And more
What To Do If You’ve Been Charged With a DUI in Houston
The steps you take immediately after a DUI arrest can directly affect the outcome of your case. Here’s what you should do:
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Do Not Admit Guilt – Avoid making statements to police without an attorney present.
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Request Legal Representation – Ask for a lawyer immediately. Do not waive this right.
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Attend All Court Dates – Missing court can result in additional charges or arrest warrants.
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Schedule an ALR Hearing – You only have 15 days to request a hearing to stop your license from being automatically suspended.
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Call Mike Kohler Esq. – The sooner you have legal counsel, the better your chance of a favorable outcome.
Contact Mike Kohler Esq. Today for a Strong DUI Defense
Being charged with DUI in Houston is serious—but it doesn’t have to define your future. With the right defense, you can protect your record, your license, and your freedom. At the law office of Mike Kohler Esq., we’re committed to helping our clients move forward with clarity, strength, and results.
Let us stand by your side and fight for the best possible outcome. Call today to schedule your consultation—or visit our website to learn more about how we can help you.
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📞 Phone: 713-249-9382
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🌐 Website: https://defense-lawyer-houston.com/
Final Thoughts
Whether you’re a young driver facing a first-time DUI, or an adult accused of DWI under more serious circumstances, Mike Kohler Esq. is the defense lawyer you want in your corner. His experience in building sound criminal defense strategies in Houston and deep understanding of criminal defense practice set him apart from the rest.
Don’t leave your future to chance. Let Mike Kohler help you take control of your case—and your life.
