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Drunk And Drugged Driving Defense Attorney

Last updated on June 21, 2024

Everyone driving on the freeways in Texas has seen the signs flashing, “Drink, Drive, Go to Jail … Drive Sober or Get Pulled Over.” In Texas, it is illegal to drive while intoxicated. Intoxicated is typically defined as having a blood alcohol concentration (BAC) of .08 or more.

The once-enforcement slogan and now protocol advertises that having one drink before driving is illegal. This is far from the truth and the law, but it leads to many innocent citizens being arrested and wrongly accused of driving while intoxicated.

You only have 15 days after your arrest to request a hearing or your license will be suspended.

My firm, the Law Offices of Charles T. Ganz, is dedicated to taking swift action when you are accused of driving either intoxicated or while under the influence of drugs. I also handle cases involving boating while intoxicated (BWI). I am often able to reduce or eliminate these charges, especially in instances when defendants were not legally intoxicated or sobriety tests and other evidence are unreliable.

Strategies For Fighting DWI/DUI Charges In Texas

Every DUI case is different, and each requires a unique strategy. As a dedicated DWI/DUI defense attorney with over 20 years of experience in Texas, I understand how to formulate a winning defense. My extensive background – which includes handling cases in almost 30 counties across the state and earning numerous accolades for my legal work – equips me with many strengths that will work to your benefit.

Here are some of the factors that go into building a successful defense strategy against DWI/DUI charges:

A thorough understanding of the law: There are many nuances to these charges in Texas, and you need a defense lawyer who has a thorough understanding of criminal law. I am well-versed in the legal standards and procedures that the prosecution must follow. The state must prove beyond a reasonable doubt that you were operating a vehicle while impaired by alcohol or drugs. I can find ways to undercut their evidence, such as challenging the accuracy of breathalyzer tests or the legality of a traffic stop. I also understand how to pinpoint any violations of your rights and leverage those violations to protect your freedoms.
In-depth knowledge and experience in the criminal justice system: Having an insider’s perspective is invaluable in any legal battle, particularly in DWI/DUI cases. I am in court day in and day out. I’m well-known and respected among many local courts, judges and prosecutors. This continuous exposure allows me to anticipate potential challenges and leverage my relationships and reputation for your benefit.
Creativity and personal commitment: What sets me apart is my commitment to each client. When you work with me, you will have my personal contact number. I will be the one by your side in court every step of the way. This direct access ensures that you are never left in the dark. It also allows us to adapt quickly and creatively as your case progresses.

DUI cases can go in many different directions. You can count on me for a determined DUI defense at every turn. My approach is not just about legal defense but about providing support and understanding throughout this challenging time.

Do You Have Drugs In Your Car?

Drunk driving is only the beginning of your worries. While some jurisdictions in the Houston region will overlook minor possession of marijuana as long as you forfeit it to the officer, you may be facing more serious charges if that marijuana is in a concentrated or edible form or if you have a more dangerous drug inside your vehicle.

Police are able to search your vehicle only if you give them consent or if they have probable cause to search your vehicle. Many times, the police will illegally detain a citizen while waiting for a drug dog to be brought to the scene. Consent to search is required to be voluntary and free from coercion. The threat of bringing a drug dog to the scene while the citizen is detained can oftentimes lead to coerced consent to search from the individual.

If Texas police unlawfully searched your vehicle and found drugs, I may be able to get those charges against you dropped. Whether a search leads to one joint or 50 pounds of contraband, every search must be done according to our constitutional rights.

Frequently Asked Questions About DUI/DWI

Below, I’ve provided general information about common questions regarding drunk or drugged driving. Don’t rely on this information alone. Contact me to discuss your case.

How can I be arrested for DWI when I was not even drinking?

Driving While Intoxicated in Texas encompasses any and all types of impaired driving. “Intoxicated” is defined as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body OR having an alcohol concentration above .08. Some states have different charges or different definitions, such as DUI (Driving Under Influence) or OWI (Operating While Impaired). In Texas, DWI is the only definition used, except for Minors under the age of 21.

What is the difference between DWI/DUI? Is DUI serious for a Minor?

In Texas, DUI, or Driving Under the Influence, is only for a minor under the age of 21 who is stopped after consuming alcohol but is not intoxicated. A DUI in Texas is a Class C Misdemeanor, which is equivalent to a traffic ticket, but it has serious consequences with respect to the minor’s driving privileges, driving record, and criminal background. A DUI might be a Class C in a Municipal Court, but the consequences of a conviction are far different than your everyday traffic ticket.

I was arrested for DWI. Can I drive? What if the officer took my license?

Generally speaking, yes, you can drive so long as your driving privileges were in good standing before you were arrested. When the officer confiscates your driver’s license, you are supposed to be served with a Notice of Suspension / Temporary Driving Permit. Oftentimes, police officers will either forget to give the person the notice, or it gets lost when released from jail. However, you are presumed to have been given notice whether you have the paperwork or not. Call a lawyer immediately to get advice. You only have 15 days to act or your license will automatically be suspended.

What does ALR mean?

ALR is the acronym for Administrative License Revocation. If a suspect refuses to submit to a breath or blood test or submits but has a concentration of .08 or more, the person will be served with a Notice of Suspension. After being served with a Notice of Suspension, you have 15 days to request an ALR hearing to contest the proposed suspension.

What if the police officer did not read me my Miranda rights?

Many arrests never reach the time when Miranda rights are required. On TV, the police officer will always give Miranda warnings at the time the person is being handcuffed for dramatic effect. If I were a police officer, I would give Miranda warnings like seen on TV, but most police officers will only give Miranda warnings when required to do so by law and many do not even do it then. Miranda warnings are required to be given to a suspect that is placed in custody and, after being placed in custody, are asked questions that may elicit incriminating responses, i.e., something other than regular booking questions.

However, courts carved out an exception for DWI, police officers can ask a suspect to submit to a breath or blood test after being placed in custody and without Miranda warnings being given.

Don’t Let A Texas DUI Or DWI Impact Your Whole Future

Just one or two drinks or a small amount of drugs could lead to devastating consequences for your future. With an experienced criminal defense attorney by your side, you can minimize the penalties against you and give yourself the best opportunity to recover. This is one reason why a DUI/DWI lawyer is almost always worth the cost.

Get in touch with my office as quickly as possible to discuss your options and begin working on your case. Call 713-364-0953 today to set up an initial consultation or send me an email to get started.