Driving while intoxicated (DWI) in Houston can have serious consequences—ranging from the loss of your license to jail time, fines, and a criminal record. At the law office of Mike Kohler, Esq., we’ve represented countless clients who found themselves in difficult situations after being pulled over for DWI. While we always advocate for responsible decision-making—like using a cab, rideshare service, or a designated driver—we understand that mistakes happen. If you’ve been pulled over for suspected drunk driving, here’s what you need to know and how we can help.
Plan Ahead: Think Before You Drink
Before diving into what to do when you’re pulled over, let’s talk about prevention. One of the smartest moves you can make is to plan your night before the first drink is poured. If you know you’ll be drinking:
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Schedule a rideshare like Uber or Lyft.
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Use public transportation if available.
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Designate a sober driver before going out.
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Stay over at a friend’s house or nearby hotel.
These simple decisions can save you from expensive fines, license suspension, and criminal charges.
What To Do If You’re Pulled Over for DWI in Houston
If you didn’t plan ahead and you’re now facing a DWI stop, stay calm. What you do in the moments that follow can significantly impact your legal situation. Here are the steps to take:
1. Pull Over Safely
As soon as you see flashing lights behind you:
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Signal right and pull over safely to the side of the road.
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Stay in your vehicle unless instructed otherwise.
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Turn off the engine, roll down your window, and place your hands on the wheel.
Avoid making sudden movements or acting nervous—police officers are trained to watch for behavior that could indicate intoxication or danger.
2. Be Polite and Respectful
Even if you’re worried or frustrated, always remain respectful. Arguing with the officer or becoming hostile will only make the situation worse. Keep your tone calm and neutral. Provide your:
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Driver’s license
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Proof of insurance
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Vehicle registration
Don’t offer additional information unless directly asked.
3. Know Your Rights—And Use Them
You are not required to answer potentially incriminating questions like:
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“How much have you had to drink?”
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“Where are you coming from?”
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“Have you used any drugs today?”
You can politely decline to answer these questions by saying:
“I choose to remain silent. I’d like to speak with my attorney.”
At Mike Kohler’s criminal defense practice, we remind clients that invoking your rights is not an admission of guilt. It’s a protection of your freedom.
4. Field Sobriety Tests: To Take or Not To Take
In Texas, you are not legally required to take field sobriety tests such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus. These tests are highly subjective, and poor performance could be used against you even if you’re not intoxicated.
You can respectfully decline these tests by saying:
“I do not consent to field sobriety testing.”
However, be aware this may still result in an arrest if the officer believes they have probable cause.
5. Chemical Testing: Breath, Blood, or Urine
Texas operates under implied consent laws, meaning refusal to submit to chemical testing (after an arrest) can result in:
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Immediate license suspension
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Use of refusal as evidence in court
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Mandatory blood draw under a warrant
Still, you have options. You may choose to refuse a breathalyzer before arrest, but after you’re taken into custody, refusing may carry additional consequences.
What Happens After a DWI Arrest?
If you are arrested for DWI, you may be taken to jail for processing. You will likely face:
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A court date for arraignment
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A license suspension hearing (ALR Hearing)
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Possible bail or bond
At this stage, it is essential that you contact a qualified DWI defense attorney like Mike Kohler, Esq., as soon as possible.
How Mike Kohler Can Defend You
With years of experience defending DWI cases in Houston, Mike Kohler provides an aggressive, strategic, and personalized approach for every client. At our Houston criminal defense strategy office, we understand how to challenge the evidence and fight for your rights.
Here’s how we build your defense:
1. Examining the Traffic Stop
Was there probable cause to pull you over? If not, the stop may have been unconstitutional and your case could be dismissed.
2. Challenging Field Sobriety Tests
These tests can be flawed due to:
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Poor weather conditions
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Nervousness
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Medical conditions
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Officer error
We’ll evaluate every detail for inconsistencies or improper procedure.
3. Analyzing Chemical Test Results
Breath and blood test machines must be properly calibrated, and samples must be handled correctly. We check for:
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Testing machine malfunctions
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Chain of custody issues
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Lab errors or contamination
4. Fighting License Suspension
You have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. Mike Kohler will act quickly to fight your suspension and help you retain your driving privileges.
5. Negotiating or Going to Trial
If the evidence is weak or mishandled, we may push for a dismissal. If necessary, we are fully prepared to take your case to trial and challenge every aspect of the prosecution’s case.
Penalties for DWI in Texas
If convicted, DWI penalties in Texas can include:
First Offense:
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Up to $2,000 in fines
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Up to 180 days in jail
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License suspension for up to 1 year
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Possible DWI education course
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Ignition interlock device (in some cases)
Second Offense:
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Up to $4,000 in fines
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Up to 1 year in jail
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License suspension up to 2 years
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Mandatory alcohol education
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Ignition interlock device
Third Offense:
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Up to $10,000 in fines
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2–10 years in prison
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License suspension up to 2 years
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Felony record
These penalties are harsh, but they are not final. With the right defense strategy, you may be able to reduce or avoid many of these consequences.
Special Circumstances: DWI with a Child Passenger or Serious Injury
Driving while intoxicated with a passenger under 15 is a felony offense in Texas. Similarly, if you cause serious injury or death while intoxicated, you may face:
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Intoxication assault
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Intoxication manslaughter
Both carry prison sentences, and these are not charges you want to face alone. Mike Kohler provides aggressive legal defense in even the most serious DWI cases.
Why Choose Mike Kohler, Esq.?
At the law office of Mike Kohler, we are:
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Dedicated to protecting your freedom
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Skilled in courtroom litigation
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Focused on minimizing consequences
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Transparent about your options and risks
We treat every case with the respect and urgency it deserves. When you need a criminal defense attorney who will fight for your future, we’re here for you.
Act Now to Protect Your Rights
A DWI arrest is stressful, but it doesn’t have to define your life. The sooner you get legal help, the better your chances of a favorable outcome. Whether it’s your first DWI or you’re dealing with more serious allegations, Mike Kohler will develop a personalized strategy to defend your rights.
Contact Our Office Today
Don’t wait until it’s too late. Call us now to schedule a free consultation and let us guide you through the legal process.
Visit our full list of criminal defense practice areas and learn how we can help.
Final Thought: Be Smart, Be Safe
While we are always here to defend your rights, we urge everyone in the Houston area to think before you drink. Getting behind the wheel intoxicated is never worth the risk. Plan ahead. Call a cab. Use a rideshare. Stay where you are. Your future—and the lives of others—depend on it.
But if you find yourself in trouble, remember: you’re not alone. Mike Kohler is ready to fight for you.
