Category: Houston Criminal Defense

Scheiner DWI & Criminal Defense Lawyers is a premiere Houston criminal defense firm specializing in DWI defense. Learn more about how we can help you win your criminal defense case in Houston.

The Difference Between an Escort and a Prostitute in Texas

Grant M. Scheiner

The Difference Between an Escort and a Prostitute in Texas

Posted on by Grant Scheiner

The difference between an escort and a prostitute in Texas comes down to what you’re paying for. An escort provides legal companionship services, while a prostitute engages in sexual conduct for payment.

Escort services are legal when they involve only companionship. You can legally pay someone to accompany you to dinner, social events, or business functions. The payment covers their time and company, nothing more.

Prostitution is the illegal exchange of sexual conduct for money or anything of value. This includes any sexual activity performed in exchange for payment, gifts, drugs, or other benefits.

The critical legal line is crossed when payment includes sexual services, whether stated directly or implied through coded language. Even vague suggestions, winks, or indirect references can be used as evidence of an illegal agreement.

Texas prosecutors examine the entire context of your communications and actions. They look for patterns that suggest the real purpose of the payment was for sexual services, not just companionship.

Understanding these distinctions is crucial because Texas has dramatically increased penalties for prostitution-related offenses, making even first-time solicitation a felony.

This guide explains the legal definitions, penalties, common evidence used in prosecutions, and defense strategies available if you’re facing these charges in Houston or surrounding areas.

What Is Prostitution Under Texas Law?

Prostitution is defined under Texas Penal Code § 43.02 as knowingly offering, agreeing to, or engaging in sexual conduct for a “fee.” The key word here is “fee,” which means any form of valuable consideration.

A “fee” includes much more than just cash. It covers drugs, gifts, services, favors, or anything else of value that changes hands as payment.

You don’t need to actually have sex or exchange money to be charged with prostitution. The crime is complete the moment you make an agreement to exchange sexual conduct for payment.

Texas law makes these specific actions illegal:

  • Offering to engage in sexual conduct for payment
  • Agreeing to receive payment for sexual conduct
  • Actually engaging in sexual conduct for payment
  • Soliciting someone in public to engage in paid sexual conduct

The law focuses on the agreement itself, not whether the sexual act actually occurs. This means you can face serious criminal charges even if no physical contact takes place.

Is Escorting Legal in Texas?

Escorting is legal in Texas when it truly involves only companionship services. You can legally pay for someone’s time, conversation, and presence at events without breaking any laws.

However, the moment sexual services enter the arrangement, it becomes prostitution. This is true whether the sexual services are explicitly discussed or just understood between both parties.

Many people believe that written contracts stating “companionship only” or advertisements with similar disclaimers provide legal protection. This is a dangerous misconception that has led to many arrests and convictions.

These disclaimers won’t protect you if prosecutors can prove sexual services were actually part of the deal through:

  • Text messages: Communications discussing specific acts or “extras”
  • Payment timing: Money exchanged right before or after sexual activity
  • Witness testimony: Others who observed the true nature of the arrangement
  • Pattern evidence: Multiple similar transactions suggesting a business model

Courts look at the totality of circumstances, not just what’s written in a contract or advertisement.

When Does Escorting Become Prostitution in Texas?

The line between legal escorting and illegal prostitution can be difficult to see, but law enforcement officers are trained to recognize the warning signs. Prosecutors build cases by examining all available evidence to prove an illegal agreement existed.

Red flags that signal prostitution include:

  • Different rates for different activities: Charging more for “full service” or specific sexual acts
  • Payment structure: Fees that increase based on the level of intimacy involved
  • Timing of payment: Money exchanged immediately before or after sexual activity
  • Location choices: Meeting at hotels or private residences rather than public venues
  • Communication patterns: Discussions about “extras,” “tips,” or coded language

Common coded terms that prosecutors recognize include “GFE” (girlfriend experience), “roses” (dollars), “donations” (payment), and “full service” (sexual intercourse). These terms are well-known in law enforcement circles and can be powerful evidence against you.

Online advertisements with suggestive photos, revealing clothing, or sexual innuendo can also be used to prove the real purpose of the arrangement. Even seemingly innocent phrases can be interpreted as coded language for sexual services.

What Is Solicitation of Prostitution in Texas?

Solicitation of prostitution occurs when you offer or agree to pay someone for sexual conduct. Texas dramatically increased penalties for solicitation in 2021, making solicitation a felony even on the first offense.

Under Texas Penal Code § 43.021, you commit solicitation by knowingly offering or agreeing to pay a fee for sexual conduct. You don’t need to actually have sex or exchange money to be guilty of this crime.

The penalties are severe and escalate quickly:

  • First offense: State jail felony with 180 days to 2 years in prison
  • Second offense: Third-degree felony with 2 to 10 years in prison
  • Soliciting a minor: Second-degree felony with 2 to 20 years in prison

If you solicit someone you believe to be under 18, it’s a second-degree felony regardless of whether you knew their actual age. The law doesn’t allow ignorance of age as a defense in online solicitation of a minor cases.

Texas lawmakers increased these penalties to combat human trafficking by targeting the demand that fuels the illegal sex trade. The theory is that reducing demand will help reduce the exploitation of vulnerable people.

What Are the Penalties for Prostitution, Solicitation, and Related Offenses?

Both buying and selling sex carry serious criminal penalties in Texas. The consequences become more severe with each conviction and are dramatically enhanced when minors are involved.

Offense Classification Jail Time Maximum Fine
Prostitution (1st) Class B Misdemeanor Up to 180 days $2,000
Prostitution (2nd/3rd) Class A Misdemeanor Up to 1 year $4,000
Prostitution (4th+) State Jail Felony 180 days – 2 years $10,000
Solicitation (1st) State Jail Felony 180 days – 2 years $10,000
Solicitation (2nd+) Third-Degree Felony 2 – 10 years $10,000
Solicitation of Minor Second-Degree Felony 2 – 20 years $10,000

Beyond jail time and fines, a conviction creates lasting problems that can affect every aspect of your life. You may face difficulty finding employment, securing housing, obtaining professional licenses, or maintaining immigration status.

These collateral consequences often prove more damaging than the original criminal penalties. Many employers, landlords, and licensing boards automatically reject applicants with prostitution-related convictions, and educators and other professionals face particularly severe career-ending consequences.

What Is Promotion and Online Promotion of Prostitution in Texas?

Texas law also targets people who profit from or facilitate prostitution through promotion charges. Promotion of prostitution under Texas Penal Code § 43.03 occurs when you receive money from prostitution or solicit customers for prostitutes.

Online promotion under § 43.031 specifically addresses websites and digital platforms that facilitate these crimes. This law targets both individual promoters and commercial enterprises.

Promotion charges escalate based on the scope of the operation:

  • Basic promotion: Third-degree felony (2-10 years in prison)
  • Multiple prostitutes: Enhanced felony charges for managing larger operations
  • Involving minors: First-degree felony (5-99 years in prison)

These laws can affect escort agencies, website operators, or individuals who manage multiple escorts. If law enforcement can prove that an escort service knowingly facilitated sexual transactions, everyone involved can face promotion charges.

The penalties for promotion are much more severe than simple prostitution because lawmakers view these defendants as the driving force behind organized prostitution operations.

How Do Police Prove Prostitution and Solicitation Cases?

Police and prosecutors use various investigative techniques to build these cases since the crimes typically occur in private between consenting adults.

Evidence Prosecutors Use: Ads, Messages, Payment Structures

Prosecutors rely heavily on circumstantial evidence to prove an illegal agreement existed. They examine patterns of behavior and communication that suggest sexual services were part of the arrangement.

Common types of evidence include:

  • Online advertisements: Escort websites with suggestive language, photos, or coded terms
  • Digital communications: Text messages, emails, or app messages discussing services and prices
  • Payment records: Venmo, CashApp, or Zelle transactions with suggestive notes or emojis
  • Hotel records: Receipts showing short-term room rentals that align with communications
  • Travel patterns: Evidence of movement between cities following online communications

Law enforcement officers are trained to recognize coded language and subtle references to sexual services. They understand that participants use indirect language to avoid creating obvious evidence of illegal activity.

Your communications that seem innocent to you may appear incriminating to trained investigators. This is why it’s crucial to understand how these cases are built and what evidence prosecutors look for.

Undercover Operations and Entrapment in Texas

Most prostitution and solicitation cases result from undercover sting operations. Police officers pose as either escorts or potential clients, usually making contact through online advertisements or in public places as part of internet sex crime investigations.

These operations are legal police tactics, but sometimes officers cross the line into entrapment. Entrapment occurs when law enforcement induces someone to commit a crime they wouldn’t normally commit.

To prove entrapment, you must show:

  • Lack of predisposition: You weren’t already inclined to commit this type of crime
  • Government inducement: Officers used improper methods like harassment, threats, or fraudulent promises
  • Excessive pressure: The inducement went beyond simply providing an opportunity

Simply giving you a chance to commit a crime isn’t entrapment. The officer must actively pressure or trick you into doing something you wouldn’t ordinarily do.

Entrapment is a complex defense that requires careful analysis of all communications and interactions with law enforcement. An experienced criminal defense attorney can evaluate whether entrapment occurred in your case.

What Defenses Apply to Prostitution and Solicitation Charges in Texas?

An arrest doesn’t guarantee a conviction. You have the right to challenge the evidence and present defenses that create reasonable doubt about your guilt.

Effective defense strategies include:

  • No sexual agreement: Proving all communications and arrangements involved only legal companionship services
  • Entrapment: Showing law enforcement improperly induced you to commit a crime you wouldn’t normally commit
  • Insufficient evidence: Demonstrating that vague or ambiguous language doesn’t prove criminal intent beyond reasonable doubt
  • Constitutional violations: Suppressing evidence obtained through illegal searches or Miranda rights violations
  • Mistaken identity: Proving you weren’t the person who made the alleged agreement

Your attorney may also be able to negotiate favorable outcomes like charge reductions, dismissals, or pretrial diversion programs. These alternatives can help you avoid conviction and keep the charges off your permanent record.

Some cases can be resolved through deferred adjudication, which allows you to complete probation and potentially seal the records later. This outcome protects your future while avoiding the harsh consequences of a conviction.

What Should You Do Right Now If You’re Contacted or Arrested?

If you’re being investigated for or arrested on prostitution-related charges, your immediate actions are critical to protecting your rights and your future.

Take these essential steps immediately:

  1. Stop all communication with the alleged escort, client, or any law enforcement officer involved in the investigation
  2. Don’t delete anything from your phone, computer, or social media accounts, as this can lead to evidence tampering charges
  3. Exercise your right to remain silent and politely tell officers you won’t answer questions without an attorney present
  4. Request an attorney immediately and don’t make any decisions or statements without legal representation
  5. Document everything you remember about your interactions with law enforcement while the details are fresh
  6. Call our office before taking any other action or making any decisions about your case

Remember that anything you say can and will be used against you in court. Even explanations that seem helpful can become evidence of your guilt when taken out of context.

Facing Prostitution Charges in Houston? Call Scheiner DWI & Criminal Defense Lawyers Now

If you’re facing prostitution or solicitation charges in the Houston area, you need experienced legal representation immediately. Grant Scheiner is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has over 30 years of experience defending clients against serious criminal charges.

Our firm understands how these cases are investigated and prosecuted. We know how to challenge digital evidence, cross-examine undercover officers, and identify weaknesses in the prosecution’s case.

We provide aggressive defense through:

  • Thorough investigation: Examining all evidence for constitutional violations and procedural errors
  • Expert testimony: Using forensic specialists and legal experts to challenge the prosecution’s case
  • Negotiation skills: Working with prosecutors to achieve dismissals, reductions, or favorable plea agreements
  • Trial experience: Fighting for not-guilty verdicts when cases go to court

We’ve successfully defended clients against all types of sex crime charges, including prostitution, solicitation, and promotion cases. Our proven track record includes dismissals, not-guilty verdicts, and favorable plea agreements that protect our clients’ futures.

Don’t let a prostitution charge destroy your reputation, career, and future. If you’re facing false accusations of sex crimes, call Scheiner DWI & Criminal Defense Lawyers today at (832) 346-6088 for a confidential consultation. We serve Houston, Harris County, and surrounding areas with the aggressive defense you need and deserve.

FAQ

Do written “companionship only” contracts protect me from prostitution charges?

No, these contracts provide no legal protection if prosecutors can prove through other evidence like text messages, payment timing, or witness testimony that sexual services were actually part of the paid arrangement.

Can I be charged with prostitution if I only discussed “donations” or “gifts” instead of payment?

Yes, Texas law defines a “fee” as anything of value, including donations, gifts, drugs, or services, so using different terminology doesn’t change the legal consequences if sexual conduct is involved.

What happens if I’m arrested in a sting operation where no sexual activity occurred?

You can still be convicted because Texas law criminalizes the agreement itself, not just the sexual act, so making a deal to exchange sex for payment is enough for a conviction even if nothing physical happens.

Will a prostitution conviction require me to register as a sex offender in Texas?

Simple prostitution and solicitation convictions typically don’t require sex offender registration, but more serious related charges like compelling prostitution of a minor or promotion involving minors do require registration.

Can I get a prostitution case sealed or removed from my record in Texas?

Depending on the outcome, you may be eligible for record sealing through nondisclosure orders if you successfully complete deferred adjudication, or expunction if charges are dismissed, but convictions generally cannot be sealed.

What should I do if an undercover officer continues contacting me after our first conversation?

Stop all communication immediately and contact a criminal defense attorney because continued contact can create additional evidence against you, even if you’re trying to decline their offers or end the conversation.

How do prosecutors prove I agreed to pay for sex if we only used coded language?

Prosecutors use the totality of circumstances including coded terms, payment amounts, meeting locations, timing, and patterns of behavior to prove an illegal agreement existed, even without explicit sexual language.

 

How a Houston Criminal Defense Lawyer Helps With Your Case

Grant M. Scheiner

How a Houston Criminal Defense Lawyer Helps With Your Case

Posted on by Grant Scheiner

A Houston criminal defense lawyer serves as your legal advocate and protector when you face criminal charges, working to defend your rights, challenge the prosecution’s evidence, and secure the best possible outcome for your case.

Attorney Grant Scheiner acts as the barrier between you and law enforcement, handles all court proceedings on your behalf, and uses his expertise in criminal law to build a strong defense strategy.

From the moment you hire Scheiner DWI & Criminal Defense Lawyers, we investigate your case independently, negotiate with prosecutors, and fight to protect your freedom and future.

Criminal charges carry serious consequences including jail time, hefty fines, permanent criminal records, and collateral effects that can impact your employment, housing, and personal relationships.

Understanding how a criminal defense attorney protects your constitutional rights, builds your defense, and navigates the complex legal process is crucial for anyone facing charges in Houston and surrounding areas.

What Does a Criminal Defense Lawyer in Houston Do?

A criminal defense attorney is your legal advocate who handles every aspect of your criminal case. This means we speak for you in court, negotiate with prosecutors, and challenge evidence that was improperly obtained.

Our core responsibilities include:

  • Immediate Protection: We become the barrier between you and law enforcement, preventing police from pressuring you into making damaging statements.
  • Case Investigation: We conduct our own investigation to find evidence the police missed and identify weaknesses in the prosecution’s case.
  • Court Representation: We appear at all hearings and trials, presenting legal arguments and defending your interests before the judge and jury.
  • Plea Negotiations: We work with prosecutors to secure reduced charges, dismissed cases, or favorable plea agreements when appropriate.

When Should You Call a Criminal Defense Attorney in Houston?

The moment you suspect you’re under investigation or face arrest, your next call should be to a Houston criminal defense attorney. Timing is critical because evidence disappears, witnesses forget details, and important deadlines can pass.

You need immediate legal representation in these situations:

  • Before answering any questions from police officers or detectives
  • Immediately after being arrested or receiving a citation
  • When law enforcement serves you with a search warrant
  • You must request an Administrative License Revocation hearing within 15 days of a DWI arrest.

Early intervention allows us to preserve crucial evidence and protect your constitutional rights before damage occurs. The sooner we get involved, the better we can defend your case.

How We Protect Your Constitutional Rights

Your constitutional rights form the foundation of your defense, and we ensure law enforcement respects every one of them. The Constitution provides powerful protections for people accused of crimes, and violations of these rights can lead to evidence being thrown out or cases being dismissed entirely.

The Fourth Amendment protects you from unreasonable searches and seizures. We challenge illegal traffic stops, searches conducted without valid warrants, and searches that go beyond what the warrant allows.

The Fifth Amendment gives you the right to remain silent and protects you from being forced to incriminate yourself. We ensure police don’t coerce confessions or continue questioning after you’ve asked for a lawyer.

The Sixth Amendment guarantees your right to an attorney. We make sure law enforcement doesn’t deny you access to legal counsel or trick you into waiving this critical right.

When police violate your constitutional rights, we file motions to suppress evidence. If successful, these motions can exclude illegally obtained evidence from your trial, often leading to reduced charges or complete dismissals.

How We Build Your Defense

Building your defense requires more than reviewing the police report. We conduct our own thorough investigation to uncover what really happened and find holes in the prosecution’s case.

Our proactive approach means we don’t just react to the government’s allegations. Instead, we actively seek out evidence that supports your innocence and challenges their version of events.

Investigate Beyond the Police Report

We conduct an independent investigation because police reports often contain errors, omissions, or biased interpretations. Our investigation includes locating witnesses police missed, obtaining surveillance footage from nearby businesses, and visiting crime scenes to gather our own evidence.

We also hire private investigators and expert witnesses when necessary. These professionals can uncover facts that law enforcement overlooked or misinterpreted.

Challenge Illegal Stops and Searches

If police violated your Fourth Amendment rights, we file a Motion to Suppress to exclude illegally obtained evidence. This legal motion asks the judge to throw out evidence that was gathered through illegal searches, improper traffic stops, or searches that exceeded the scope of a warrant.

A successful suppression motion can destroy the prosecution’s case. Without key evidence, prosecutors often have no choice but to dismiss charges or offer significantly reduced plea agreements.

Suppress Statements and Evidence

Beyond illegal searches, we work to exclude other improperly obtained evidence from your trial. This includes challenging statements taken without proper Miranda warnings, confessions obtained through coercion, and forensic evidence that was collected or handled incorrectly.

We scrutinize every piece of evidence to ensure it was obtained legally and handled properly. Any violations of proper procedure can result in evidence being excluded from your case.

Leverage Forensic Science and Lab Audits

Many criminal cases rely on scientific evidence like blood alcohol tests, DNA analysis, or drug lab results. We have extensive knowledge of forensic science and frequently challenge the reliability of these test results.

We examine lab procedures, equipment calibration records, and the qualifications of the state’s expert witnesses. Lab errors, contaminated samples, and unqualified technicians can create reasonable doubt about the prosecution’s scientific evidence.

Negotiate Strategically or Take Your Case to Trial

We are skilled negotiators who can often secure favorable outcomes without the need for a trial. This might include getting charges reduced from felonies to misdemeanors, securing deferred adjudication agreements, or having cases dismissed entirely.

However, we’re always prepared to take your case to trial if prosecutors won’t offer a fair resolution. We have extensive trial experience and will aggressively defend you before a jury when necessary.

What Results Can a Houston Defense Lawyer Achieve?

An experienced Houston criminal defense lawyer can achieve several favorable outcomes depending on the facts of your case. Our goal is always the best possible result, whether that’s a complete dismissal or a significant reduction in penalties.

Dismissals and No-Bills

A dismissal occurs when the prosecutor agrees to drop all charges against you. This ends your case entirely and means you’re no longer facing prosecution.

A “no-bill” happens when a grand jury reviews the evidence and decides there isn’t enough probable cause to formally charge you with a felony. Both outcomes clear you of criminal liability.

Charge Reductions and Diversion Options

We can often negotiate to have serious charges reduced to less severe offenses. For example, a felony might be reduced to a misdemeanor, or an aggravated charge might be reduced to a simple offense.

We also pursue diversion programs like deferred adjudication, which allows you to avoid a final conviction by successfully completing probation. These programs keep convictions off your permanent record.

Not-Guilty Verdicts

If your case goes to trial, our ultimate goal is a “not guilty” verdict. An acquittal means the jury or judge found that the prosecution failed to prove your guilt beyond a reasonable doubt.

This is a complete victory that clears your name and allows you to pursue expunction to remove the arrest from your record entirely.

Outcome What It Means Impact on Your Record
Dismissal Prosecutor drops all charges Can be expunged from your record
No-Bill Grand jury refuses to indict No formal charges filed
Reduction You plead to a lesser charge Reduced penalties and less severe record
Not Guilty Acquitted after trial Can be expunged from your record

What Types of Criminal Cases Do We Handle?

Houston criminal defense firms handle diverse cases, from simple misdemeanors to serious felonies. Here’s how we defend against common charges you might face.

DWI and Intoxication Offenses

We defend clients against all intoxication-related charges including DWI, Intoxication Assault, and Intoxication Manslaughter. This involves challenging the legality of traffic stops, questioning field sobriety test administration, and attacking the accuracy of breath or blood tests.

We also fight to protect your driver’s license at Administrative License Revocation hearings, which are separate from your criminal case but equally important.

Sex Offenses and Registration Risks

Sex crime allegations carry severe penalties and potential lifetime registration as a sex offender. Our skilled Houston sex crime lawyers provide aggressive defense for clients falsely accused of child sexual abuse, promotion or possession of child pornography, prostitution, sexual assault, indecency with a child, inappropriate teacher and student relationships, and more.

These cases require discretion and strategic defense to protect both your freedom and reputation. The consequences of conviction extend far beyond jail time.

Drug Possession and Intent to Deliver

For drug charges, we scrutinize police investigations for illegal searches and seizures that violated your Fourth Amendment rights. We defend against charges ranging from simple possession to complex trafficking cases.

Many drug cases can be won by challenging how evidence was obtained, as police often conduct illegal searches during traffic stops or home raids.

Federal and White Collar Defense

Federal cases and white-collar crimes like fraud, money laundering, and tax evasion require attorneys experienced in federal court procedures. These cases are legally complex and involve the vast resources of the federal government.

We have the knowledge and resources necessary to defend clients against federal prosecutors who have unlimited time and money to build their cases.

Violent Crimes and Assault Allegations

We defend individuals accused of violent crimes including assault, aggravated assault, robbery, and murder. Our defense often involves investigating claims of self-defense, mistaken identity, or false allegations.

These cases require thorough investigation and aggressive advocacy to protect clients facing the most serious charges in the criminal justice system.

Juvenile Cases and Family Impact

When minors are accused of crimes, their entire future is at stake. We work within the juvenile justice system to protect young clients, aiming for outcomes that allow sealed records and second chances.

Juvenile cases require special handling because the goal is rehabilitation rather than punishment, and we fight to keep mistakes from ruining young lives.

What Penalties Are You Facing in Texas?

Texas imposes harsh criminal penalties, and understanding potential punishments is crucial for building your defense strategy. A conviction can lead to severe and life-altering consequences.

Texas Misdemeanors

Misdemeanor convictions can still result in jail time and significant fines that impact your life:

  • Class A Misdemeanor: Up to 1 year in county jail and fines up to $4,000
  • Class B Misdemeanor: Up to 180 days in county jail and fines up to $2,000
  • Class C Misdemeanor: Fines up to $500 with no jail time

Texas Felonies

Felony convictions carry the possibility of lengthy prison sentences and substantial fines:

  • State Jail Felony: 180 days to 2 years in state jail
  • Third-Degree Felony: 2 to 10 years in prison
  • Second-Degree Felony: 2 to 20 years in prison
  • First-Degree Felony: 5 to 99 years or life in prison

Collateral Consequences That Affect Your Life

Criminal convictions create “collateral consequences” that extend far beyond jail and fines. These hidden penalties can impact you for the rest of your life.

You may face job loss, difficulty finding housing, denial of professional licenses, loss of firearm rights, and immigration consequences. For non-citizens, even minor convictions can result in deportation.

What Happens After an Arrest in Harris County?

Understanding Harris County’s criminal process helps you make informed decisions at each critical stage. The system moves quickly, and knowing what to expect allows you to protect your rights effectively.

Magistrate Warning and Bail

After arrest, you’ll appear before a magistrate judge who will read you your rights and set bail. This initial appearance usually happens within 24 hours of arrest, and the judge will determine the conditions of your release.

Bail amounts vary based on the severity of charges and your criminal history. We can often negotiate for reduced bail or argue for personal recognizance bonds that don’t require cash payment.

Discovery and Critical Deadlines

Discovery is the process where prosecutors must share evidence with the defense. We review police reports, witness statements, lab results, and other evidence to identify weaknesses in their case.

Critical deadlines exist for filing motions, requesting hearings, and preparing for trial. Missing these deadlines can severely damage your defense, which is why early representation is essential.

ALR Hearing for DWI and License Protection

If you’re arrested for DWI, you have only 15 days to request an Administrative License Revocation hearing to fight the automatic suspension of your driver’s license. This civil proceeding is separate from your criminal case but equally important.

Failing to request this hearing within 15 days results in automatic license suspension, regardless of what happens in your criminal case.

Pretrial Motions and Hearings

Before trial, our legal team at Scheiner DWI & Criminal Defense Lawyers files various motions to suppress evidence, dismiss charges, or exclude certain testimony. These pretrial hearings often determine the outcome of your case before it ever reaches a jury.

Successful motion practice can result in key evidence being excluded, which often forces prosecutors to dismiss charges or offer favorable plea agreements.

Why Scheiner DWI & Criminal Defense Lawyers?

When your freedom is on the line, you need a law firm with proven success and deep commitment to clients. We combine legal excellence with a client-focused philosophy to provide defense that is both powerful and personal.

Board Certified Criminal Law Leadership

Grant Scheiner is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Board certification from the Texas Board of Legal Specialization is a recognized indicator of advanced expertise in criminal defense.

Board certification requires extensive experience, continuing education, and peer review. This credential ensures you’re working with an attorney who has demonstrated exceptional knowledge and skill in criminal law.

Trial-Tested Strategy and Forensic Command

Our attorneys have a deep understanding of trial skills, police procedures, and forensic science. We prepare a vigorous defense in every case, using our knowledge to challenge the government’s evidence effectively.

Our forensic expertise allows us to identify errors in lab procedures, challenge scientific evidence, and expose weaknesses in the prosecution’s case that other attorneys might miss.

Clear Communication and Client-First Support

We believe every client deserves vigorous defense guided by clear communication and respect. We take time to explain your options, answer questions, and keep you informed throughout the legal process.

You’ll never wonder what’s happening with your case because we maintain regular contact and explain legal developments in terms you can understand.

Recognitions and Proven Outcomes in Houston Courts

Our firm has a proven record of successful outcomes, including dismissals and not-guilty verdicts. Grant Scheiner has been recognized as one of Houston’s “Top Lawyers” and a “Texas Super Lawyer” in Criminal Defense, DWI Defense, and Federal White Collar Defense.

The National Trial Lawyers Association lists him as one of the “Top 100 Trial Lawyers” in Texas. These recognitions reflect our commitment to excellence and successful advocacy for clients.

Experienced Criminal Defense Law Firm in Houston, Texas

Criminal cases move quickly, and delays can seriously damage your defense. Evidence disappears, witnesses forget crucial details, and important deadlines pass while you wait.

We’re available 24/7 to take your call and begin protecting your rights immediately. Don’t let another day pass without experienced legal representation fighting for your freedom.

Contact Scheiner DWI & Criminal Defense Lawyers now for a confidential consultation. We’ll review your case, explain your options, and begin building your defense right away.

FAQs: Houston Criminal Defense

How Soon Should I Call a Lawyer After Being Arrested?

You should call a criminal defense attorney immediately after arrest, before speaking to anyone about your case. Early legal intervention protects your rights and preserves crucial evidence before it’s lost or destroyed.

Should I Answer Police Questions Without My Lawyer Present?

Never speak to police without your attorney present, even if you think you’re helping your case. You have the constitutional right to remain silent, and exercising this right protects you from making statements that prosecutors will use against you later.

What’s the Difference Between Private Counsel and a Public Defender in Houston?

While public defenders are dedicated attorneys, they handle massive caseloads that prevent them from giving individual attention to each case. Private counsel provides focused representation with the time and resources your case deserves.

How Much Does Hiring a Houston Criminal Defense Lawyer Cost?

Attorney fees vary based on case complexity, but investing in experienced legal representation protects your freedom and future. The cost of a conviction—including fines, lost income, and damaged reputation—far exceeds legal fees.

Can You Help Protect My Privacy and Reputation During the Case?

We work diligently to minimize public exposure of your case and pursue expunctions or non-disclosure orders when possible. Protecting your reputation is as important as defending against the charges themselves.

How Quickly Must I Request an ALR Hearing After DWI Arrest?

You have exactly 15 days from your DWI arrest date to request an Administrative License Revocation hearing. Missing this deadline results in automatic license suspension regardless of your criminal case outcome.

Can You Help Before Formal Charges Are Filed?

Pre-charge representation can be highly effective in preventing charges from being filed. We can present evidence and arguments to prosecutors or grand juries that convince them not to pursue your case.

What Happens If I Miss My Scheduled Court Date in Harris County?

Missing court dates results in immediate warrant issuance for your arrest. Contact us immediately if you’ve missed a court appearance so we can address the warrant and prevent additional charges.

Can a Grand Jury Dismiss My Felony Case?

Yes, grand juries can “no-bill” cases by refusing to issue formal indictments. We can present compelling evidence packages to grand juries that result in case dismissals before formal charges are filed.

Will Hiring a Criminal Defense Lawyer Make Me Look Guilty?

Absolutely not—hiring an attorney shows you’re taking the charges seriously and exercising your constitutional right to legal representation. Prosecutors and judges expect defendants to have legal counsel, and it never suggests guilt.

3 Key Tools in Texas Criminal Discovery: Subpoenas, Subpoenas Duces Tecum and Writs of Attachment

Grant M. Scheiner

3 Key Tools in Texas Criminal Discovery: Subpoenas, Subpoenas Duces Tecum and Writs of Attachment

Posted on by Grant Scheiner

Texas criminal discovery rules are continually evolving and the best criminal defense lawyers in Houston and across the state will not overlook any of the tools that may help lawyers discover evidence favorable to their clients. Three key tools for discovery are the subpoena, subpoena duces tecum and writ of attachment.  A subpoena is simply an order to appear in court and give testimony.

A subpoena duces tecum is an order for the witness to appear in court and bring something — such as documents or tangible evidence. When a defense attorney applies with the court for a subpoena duces tecum and seeks documents, it is usually a good practice to include a standard business records affidavit, along with the subpoena duces tecum, setting forth the documents the lawyer wishes to receive.

(If the witness fills out the affidavit, swears before a notary, and attaches the affidavit to the documents, the documents will often be admissible in court — without the necessity of a live witness. This can save the witness from having to make two trips to court. In fact, a witness who produces the requested documents in advance of the court date and attaches a sworn, business records affidavit to the documents, may sometimes be released from having to appear in court at all.)

When the attorney goes to court on the date a subpoena is returnable, the attorney should arrive early and call out the person’s name and try to locate the witness. If the attorney cannot locate the person targeted in the subpoena and the attorney has written proof that the person has been personally served with the subpoena, the attorney should approach the judge and ask her to sign a “Writ of Attachment.”

(The attorney should bring to court a written, writ of attachment, plus three extra copies. The attorney must file the original and get a file-stamped copy.) When the judge signs the writ of attachment, the attorney should get at least two certified copies — one for the bailiff and one for the attorney’s own file. The clerk will then issue a warrant for the person’s arrest and may even ask the judge to set a bond.

The bailiff is then authorized to arrest the witness and bring the witness to court.

An excellent criminal defense attorney, who knows the rules of discovery and how to use them, can often achieve a superior result for any client accused of a crime in Harris County or elsewhere. The difference between victory and defeat is often knowing what to look for — and how to get it.

Houston Law Firm Specializing in Criminal Defense

Grant Scheiner is a criminal defense attorney in Houston, Texas, specializing in a variety of criminal law cases including sex crimes, sexual assault, Federal criminal defense, DWI, DUI, drug related offenses, and more. To learn more about Texas criminal discovery rules and criminal law contact Scheiner DWI & Criminal Defense Lawyers today.

Houston Crime Out-Smarts Officers

Grant M. Scheiner

Houston Crime Out-Smarts Officers

Posted on by Grant Scheiner

The Houston Chronicle reports that there is data showing that crime is “outpacing” Houston officers.  Well, that is not exactly the problem.

Gary Blankinship, president of the Houston Police Officers Union said, “We have to learn to work smarter and try to use technology a little bit more.”  That is not the problem either.

As a taxpayer, it is frustrating to see the Houston Police Department budget has increased from 480 million in 2004 to 680 million today, without increasing the number of police officers.  So where is all of that money going?  The article does not state it, but there is a large portion going to overtime for officers sitting in municipal traffic courts and misdemeanor county courts in Harris County.

Houston ranks as one of the highest in the nation for violent crime and is number one in Texas.  That is not good for anyone.  Yet, HPD whines about a lack of manpower and a skimpy budget as excuses for this spike in crime.  All the while, there is no oversight in non-violent divisions.  I assure you the officers in the HPD Vice Squad – which investigates prostitution and other petty crimes – have a full day ahead of themselves.

Supported by our taxpayer dollars, undercover HPD Vice Squad officers will be getting full-body massages at Houston-area “spas” and trying to get young Asian and Latina women to agree to have sex with  the officers. (Seriously! Houston cops actually spend their time doing this, and so do Harris County Sheriff’s deputies!

Sometimes undercover officers will persistently nag a woman to agree to have sex for a fee, despite that the women often repeatedly tell them “no”. Some of these undercover cops will spend up to an hour getting their naked bodies massaged, claiming it is necessary, in order to make a “bust” for one of their “sting” operations.)

To top it off, the Harris County District Attorney’s Office enthusiastically accepts prostitution charges, even in cases when the police officers don’t even bother to video tape the “encounter” or even audio tape the alleged conversation between the  undercover cop and the woman giving the massage.

But not to worry. There will always be plenty of Houston police officers stationed around Houston to catch people for driving with expired inspection stickers.

Houston Criminal Defense Law Firm

Grant Scheiner is a Houston criminal lawyer, whose law firm specializes in cases including criminal defense, Federal criminal defense, sex crime defense, sexual assault, prostitution defense, DWI, DUI, drug related offenses, and more. To learn more about Texas criminal law contact Scheiner DWI & Criminal Defense Lawyers today.

Polygraph Exam – 3 Reasons to Not Take

Grant M. Scheiner

Polygraph Exam – 3 Reasons to Not Take

Posted on by Grant Scheiner

Often referred to as a “lie detector test,” police officers generally utilize polygraph examinations to assist in their investigations. Although the results from a polygraph are not admissible evidence in court, the police still employ these examinations as a way to get the accused talking.

  1. False Positives and False Negatives

The validity of polygraph exams has always been fairly contentious. When the polygraph is administered, it monitors three indicators: heart-rate/blood pressure, respiration, and skin conductivity. The underlying theory of these exams is that the physiological factors will vary depending if the individual is telling the truth or a lie. Although, there is not a uniform physiological standard if someone tells a lie.

For example, someone who is lying during the exam can stay calm while answering the questions versus someone who is telling the truth may have anxiety while undergoing the test. Even the most honest individuals can feel nervous taking the exam due to social anxiety, police presence, and feeling desperation to prove their innocence.

Additionally, certain medications or substances can also thwart the results of a polygraph examination. The Federation of American Scientists reported that the tranquilizer, meprobamate (“Miltown”), causes deceptive individuals to increase their ability to avoid detection during the examination. Other medication such as antianxiety medication and antidepressants can also affect the exam as it reduces anxiety and alter physiological responses. 

  1. Polygraph Examiners are Not Required to be Licensed

A new law was passed in September 1, 2021, which removed the licensing requirement for polygraph examiners. Prior to September 1, 2021, a polygraph examiner was required to be licensed through the Texas Department of Licensing and Regulation. The Texas Administration Code Section 88.20, previously required a prospective polygraph examiner to complete an application, complete a polygraph examiner course of study, complete a six (6) month polygraph examiner internship, pass a written and practical examination, and successfully pass a criminal background check.

With the Texas Legislature’s decision to deregulate polygraph examiners, the legitimacy of the profession is called into question. 

  1. Any Statement or Confession Following a Polygraph is Admissible Evidence

If polygraph examination results are not admissible evidence, why do police officers still use them? Because polygraph exams are a powerful psychological tool law enforcement use to get a suspect talking. Following a polygraph, an individual can feel even more pressure to start talking. Even though the results of the exam are inadmissible in court, any legally obtained statement or confession that follows that exam is admissible evidence.

To avoid making any incriminating statements that can be used against you in trial, you must consult with a criminal defense attorney to discuss your options.

Contact an Expert in Criminal Law

If you or someone you love is currently being investigated for a crime in the Greater Houston area and beyond, you need to speak to an experienced Houston  criminal defense attorney before consenting to a polygraph examination. If you consent to a polygraph examination and you ultimately fail it, there is little that you can do to convince the police or the prosecutor that you are innocent.

Scheiner DWI & Criminal Defense Lawyers,, is an excellent choice to defend you and advise you prior to speaking with law enforcement. Call us during normal business hours at (713) 783-8998. After hours and on weekends, text (713) 581-4540.

What is Regular Community Supervision?

Grant M. Scheiner

What is Regular Community Supervision?

Posted on by Grant Scheiner

In Texas, there are two basic types of supervision, following a plea of guilty or no contest: Deferred Adjudication Supervision and Regular Community Supervision. The differences between the two types of supervision can have a significant affect on the outcome of a case and whether a person is eligible to have his or her criminal record sealed from public view.

Please refer to our blog post linked to above regarding Deferred Adjudication Supervision for further explanation.

Regular Community Supervision

When a person is placed on regular supervision or “straight probation,” it is normally considered a conviction (albeit, a probated conviction). In this situation an individual typically pleads guilty or “no contest,” then the judge accepts the plea and sentences the person to jail in a misdemeanor case, state jail in a state jail felony case, or prison in a felony case.

But the judge suspends imposition of the jail, state jail, or prison sentence and places the person on regular community supervision. If the person successfully completes supervision, the sentence of jail, state jail, or prison is never imposed.

However, upon an alleged violation of supervision, the prosecutor in the case may file a “motion to revoke supervision” (a.k.a. motion to revoke probation), which could trigger a court hearing limited to the question of whether the accused violated supervision.

As with a motion to adjudicate guilt, the accused does not have the right to a jury trial or proof beyond a reasonable doubt. The prosecution need only show a violation by a preponderance of the evidence. Unlike deferred adjudication supervision, a court normally does not have the entire range of sentencing at the court’s disposal.

An accused may only be sentenced up to a predetermined amount of time. Whether the charge is a misdemeanor or felony, the punishment will be “capped” at the amount of time and fine of the original suspended sentence. So, for example, if a person is sentenced to 5 years imprisonment, suspended and “probated,” for a third degree felony (which has a sentencing range of 2-10 years imprisonment), the potential sentence in a motion to revoke community supervision is no more than 5 years imprisonment in the Texas Department of Criminal Justice (TDCJ).

As mentioned previously, a violation of third degree felony deferred adjudication supervision may result in a sentence of 2-10 years.

Having a predetermined, capped sentence in the event of revocation is one of the primary advantages of regular supervision over deferred adjudication supervision. However, if keeping a conviction off of your record and possibly having your records sealed after successful completion of supervision are important, deferred adjudication, if available, may be the better outcome.

Needless to say, dismissal or acquittal of charges are often the best outcomes of all.

Legal Pitfalls

Even upon successful completion of community supervision, a person may be subject to a host of collateral consequences, ranging from driver’s license suspension, to (in certain types of sex crimes) sex offender registration, to loss of right to possess a firearm, to immigration consequences. It is important for an accused to understand all of the potential challenges and pitfalls that go with each type of supervision.

Contact an Expert in Criminal Law

Although this summary of Regular Community Supervision may be useful, you should contact an experienced Houston criminal defense attorney to discuss your options. If you or a loved one is charged with a crime in the Greater Houston area and beyond, the attorneys at Scheiner DWI & Criminal Defense Lawyers,, are an excellent choice to navigate you through the criminal process.

Our goal is a dismissal or acquittal whenever possible. We specialize in criminal defense, DUI cases, Houston sex crime defense, drug crimes, and more. Call us during normal business hours at 713-783-8998. After hours and on weekends text 713-581-4540.

How to Handle a False Accusation of Domestic Violence

Grant M. Scheiner

How to Handle a False Accusation of Domestic Violence

Posted on by Grant Scheiner

While domestic violence offenses are a serious concern in our communities, it is also important to discuss the existence of false accusations and how to deal with them if accused. First, it is important to know that only a verbal report of domestic violence can result in an arrest.

If a family member or loved one is falsely accusing you of domestic violence, do not continue to argue with police or attempt to prove your innocence. If law enforcement has a good faith belief that the victim is making a truthful accusation—a very low standard—you will be arrested.

While your case is pending, you will likely be ordered by the court to not have contact with the victim. It is imperative to follow this order, as a violation can trigger another charge against you. Many individuals may wish to work things out between their partner, and many alleged victims wish to recant their stories to exonerate the accused.

However, any attempt to do this outside a courtroom will be a violation of a court order. This is why having legal representation is an absolute necessity.

Defending Yourself Against a False Accusation

falsely accused domestic violence Because you, as the accused, are prohibited from speaking with the alleged victim, your lawyer will do this for you. No, your Houston criminal defense lawyer cannot pass messages to the victim in an attempt to solve the dispute.

It is also important to know that neither the alleged victim, your lawyer, or the judge can dismiss your case. This power lies solely with the district attorney’s office. The prosecutor, and the prosecutor alone, has the ability to drop your case for a lack of evidence or a belief that the alleged victim isn’t being truthful. However, this is no easy task.

If the alleged victim is willing to speak with your lawyer and has a desire to have the charges against your dropped, he or she may agree to prepare an affidavit to submit to prosecutors explaining what actually happened and expressing a desire to have the case dismissed. However, our battle does not end here, as many prosecutors will continue to pursue the case. They may think the initial report is the truth and the affidavit submitted is a lie.

As you can see, proving that an accusation of domestic violence is false is difficult. The attorneys at Scheiner DWI & Criminal Defense Lawyers have handled many cases involving such false claims. We know how to communicate with the alleged victim, the court, and the prosecutors to have your side of the story be heard. Please contact us with all your domestic violence concerns, sexual assault, sex crime defense, or any other criminal matters. We’re here to help.

A Quick Guide to Texas DWI Laws and Penalties

Grant M. Scheiner

A Quick Guide to Texas DWI Laws and Penalties

Posted on by Grant Scheiner

DWI laws across the United States are getting more complex and detailed every year, especially when it comes to dealing with first time offenses – and Texas is no exception.

While the nuances of Texas DWI laws are complex, our award-winning Houston DWI attorneys wanted to offer a general overview of the main laws and the major categories of DWI offenses and penalties you are likely to encounter in 2017.

“Intoxicated” as Defined by Texas Law

Driving “under the influence” or “while intoxicated” has different legal definitions in each state, but in Texas, the term “intoxicated” is defined as:

  • Not having the normal use of your mental and physical faculties due to the consumption of drugs or alcohol; and/or
  • Having a BAC (blood alcohol concentration) of .08 or more (for adult, non-commercial drivers)

If a police officer suspects a driver is intoxicated, they have to establish probable cause and provide evidence that the driver is indeed intoxicated. This usually involves observation of the driver, including their behavior, appearance, and speech, and may also incorporate field sobriety tests. These tests – including blood and breath tests – can be refused. However, because of the “implied consent” law, which states that by driving on the roads you automatically consent to sobriety tests, if you do refuse these tests, your license will be immediately suspended.

Another factor to consider is that when a driver is arrested for a DWI offense, two cases are filed against them: a civil case and a criminal case. The civil case, filed by the Department of Public Safety, involves the suspension of the driver’s license. The criminal case, however, is far more severe, and has escalating levels of punishment. It also carries heavy fines and the possibility of jail time.

3 Main Categories of DWI Offenses

  • DWI first offense: If you have never been convicted of a DWI offense, then this is the most common and basic type of DWI offense you are likely to face. First offenses are Class “B” misdemeanors and are subject to a fine of up to $2,000 with the possibility of 3 to 180 days of county jail time. Your license will also be suspended, and depending on whether you refuse or fail a blood or breath test, the period of suspension can be anywhere from 90 days to 1 year. If you have been charged with your first offense DWI in Texas then read our guide here.
  • DWI second offense: If you get hit with a second DWI offense, it instantly gets escalated to a Class “A” misdemeanor. Second-time offenses carry a fine of up to $4,000, 30 days to 1 year of county jail time, and your license can be suspended from anywhere from 180 days to two years. Also, depending on what county you live in, a judge may insist that an ignition interlock device (essentially a breathalyzer for your car, which prevents a vehicle from starting if the driver is intoxicated) be installed in your vehicle as a condition of probation or pretrial release.
  • DWI third offense: By the time you have racked up three offenses, you’ve also made the move from misdemeanor to third-degree felony, which means a possible 2 to 10 years in state prison, a $10,000 fine, and having your license suspended for a period of 180 days to 2 years. For third DWI offenses, by law, all judges will require an ignition interlock be fitted to your vehicle as a condition of probation or pretrial release.

Even though these 3 main categories seem pretty straightforward, it is important to note that they can become a lot more complicated, and the consequences far more severe depending on specific factors.

For instance, if you have an open alcohol container when you are stopped by police officers; if you have a minor in the car; if your BAC is extremely high; or if you were speeding excessively when you were pulled over, you may be subject to more fines. These cases are generally referred to as “aggravated DWIs.” These “aggravated” offenses can escalate your charge to a Class “A” misdemeanor or even a felony.

Aggravated DWI Offenses

  • DWI with an open container of alcohol in your vehicle: Assuming it is your first offense, if you get stopped and you have an open alcohol container in your vehicle, you will be fined $2,000 (like a DWI first offense). This escalation is also a Class “B” misdemeanor.
  • DWI .15 and above – If you submit to a blood or breath test and the results come back with a blood alcohol concentration of .15 or over, your charge could be escalated to a Class “A” misdemeanor. As mentioned above, the fine for this charge is $4,000, and carries with it the possibility of up to 1 year in county jail. Under Texas law, if you are convicted of this category of DWI, you may even have to submit to having an ignition interlock device installed in your vehicle.
  • DWI with a passenger under the age of 15 – If you happen to be stopped and found to be intoxicated with a minor in your car (even if it is your own child), your first offense DWI immediately escalates to a felony. This charge carries a hefty $10,000 fine with a possible 180 days to 2 years in a state prison.
  • Intoxication assault – If you seriously injure another person while intoxicated, the charge is classed as a third-degree felony, which carries a penalty of between 2 and 10 years in state jail and a fine of up to $10,000. Most Texas judges will insist on an an ignition interlock device installed in your vehicle for this offense.
  • Intoxication manslaughter – Taking someone’s life while driving drunk is a second-degree felony, punishable by 2 to 20 years in a state prison and/or a fine of $10,000. Most Texas judges will also insist on an an ignition interlock device installed in your vehicle for this type of offense.

Again, while these escalations seem relatively simple, there is no way to know how they will apply to your particular case. Your best defense strategy will always develop out of the unique circumstances surrounding your case, and will likely involve a complex combination of factors, including the conduct of the arresting officer.

When it comes to tackling DWI cases, your best chance of a fair hearing is to hire a top rated Houston criminal defense attorney well-versed in the subtleties of DWI law to advise you on the best course of action for you. To discuss your case with one of our DWI specialist attorneys, contact Scheiner DWI & Criminal Defense Lawyers, today.

Charged with a First Offense DWI in Texas? What You Need to Know

Grant M. Scheiner

Charged with a First Offense DWI in Texas? What You Need to Know

Posted on by Grant Scheiner

The state of Texas takes DWI offenses extremely seriously, and the financial penalties are severe, even for first time offenders. DWIs are the most commonly committed crimes in the United States, but most of the time they are committed by average ‘non-criminal’ citizens. But make no mistake, if you are charged with a DWI, even if it is your first offense, you will be treated and prosecuted like a criminal.

This is why you need to arm yourself with the facts and be absolutely clear about what you’re up against.

Charges and Penalties for 1st Offense DWI in Texas

First offense DWIs are deemed to be Class “B” misdemeanors by the state of Texas. This means that if you are convicted, you will most likely be looking at a fine of up to $2,000, as well as up to 180 days in county jail.

However, it is crucial to understand that this is the minimum charge that can be leveled against you. DWI law is incredibly nuanced and can get complicated quickly, so it is essential you understand the details of your particular case.

For instance, what can complicate your situation with a first offense DWI – and escalate the penalties, fees and jail time – is if you happen to be involved in any of the following:

  • DWI .15 and above – If you submit to a blood or breath test and the results come back with a blood alcohol concentration (BAC) of .15 or over, your charge could be escalated to a Class “A” misdemeanor. The fine for this charge is up to $4,000, and carries with it the possibility of up to 1 year in county jail. Under Texas law, if you are convicted of this category of DWI, you may even have to submit to having an Ignition Interlock Device (essentially a breathalyzer for your car, which prevents a vehicle from starting if the driver is intoxicated) installed in your vehicle.
  • DWI with a passenger under the age of 15 – If you happen to be stopped and found to be intoxicated with a minor in your car (even if it is your own child), your first offense DWI immediately escalates to a felony. This charge carries a fine of up to $10,000, with a possible 180 days to 2 years in a state jail.
  • Intoxication assault – If you seriously injure another person while intoxicated, the charge is classed as a third-degree felony, which carries a penalty of between 2 and 10 years in state jails and a fine of up to $10,000.
  • Intoxication manslaughter – If someone dies as a result of an intoxicated driver, it is a second-degree felony, punishable by 2 to 20 years in a state prison and/or a fine of not more than $10,000.

What to Expect from Sentencing for at 1st Offense DWI

If you do end up being convicted for a 1st offense DWI in Texas, unless you are granted probation, you are probably looking at the mandatory three days in county jail. The other possibility is community supervision, which usually means you will be sentenced to some form of community service.

Depending on the judge’s ruling, you may be required to submit to further conditions, such as attending a state-approved rehab facility (if you are deemed to have a problem with alcohol, you may have to go through a full rehab program). You may also have to attend DWI “school,” a 12-hour course you must take within 180 days of receiving probation. If you fail to attend the course, it will result in your license being revoked until you complete the course.

Probably the worst thing about being convicted of a first offense DWI in Texas is the civil consequences. If you are convicted, your driver’s license could be suspended. Your license can also be suspended without you being convicted – up to 180 days if you refuse to take either a blood or breath test or for up to 90 days if the results of your test are above .08. This is because of the “implied consent” laws in Texas, which state that by driving on the roads you automatically consent to sobriety tests. If you refuse the tests, your license is automatically suspended.

Administrative License Revocation (ALR) will begin 40 days after you have received a “Notice of Suspension,” and once you do, you have 15 days to request a hearing. You will also have to pay a reinstatement fee of $125 to get your license renewed or reissued.

Finally, there is the DWI surcharge from the Texas Department of Transportation. If you are convicted of a DWI-1st offense you will have to pay an annual fee of $1,000 for a period of three years.

Getting Help with Your DWI 1st Offense Case

From the above, it should be clear that being convicted with a DWI 1st offense is not a fun time. The effects on your personal and professional life can be devastating: it can impact your reputation in your community and can put you under serious financial pressure.

However, despite the harsh consequences of being charged with a DWI 1st offense, don’t assume all hope is lost. Police officers have to establish probable cause and provide evidence of an actual DWI offense in order to make an arrest. They are also bound by law to follow proper procedures when administering field sobriety tests. 

If you retain competent legal counsel – and when facing DWI charges we recommend you should – you give yourself a fighting chance to have your charges reduced, at the very least, if not dismissed completely. DWI law is extremely nuanced, and your case is unique, which means there is no reason to think that you can’t win simply because the evidence seems to be stacked against you. If you do decide to hire legal counsel, you should try and retain the services of an attorney who specializes in DWI law.

At Scheiner DWI & Criminal Defense Lawyers, we have a wealth of experience handling DWI cases successfully and have even had instances where our clients won cases when their blood or breath tests were over the legal limit. Every citizen has the right to defend themselves by all legal means to keep their record clean and their reputation intact, so believe us when we say your case is worth fighting.

To discuss the details of your case with a professional Houston DWI lawyer, contact Scheiner DWI & Criminal Defense Lawyers, today via this form or phone at (713) 783-8998. If you are unsure of how to choose your DWI attorney in Houston, be sure to read our comprehensive guide.

How to Choose a DWI Attorney in Houston, Texas: 3 Steps to Getting the Defense You Deserve

Grant M. Scheiner

How to Choose a DWI Attorney in Houston, Texas: 3 Steps to Getting the Defense You Deserve

Posted on by Grant Scheiner

Being charged with a DWI offense in Texas can be a severely traumatic experience. The financial penalties are harsh, the prospect of jail time is very real, and your reputation can be compromised with potential employers, insurance companies, and within the wider community.

Choosing the right attorney to represent you is a critical decision and one which could affect you for the rest of your life. To help you make the right choice, here are three tips on how to choose a DWI/DUI attorney in Texas who has the skills, knowledge, and experience to protect you.

1. Assess Your Options

Even though being charged with a DWI offense can be extremely stressful, you shouldn’t allow the pressure to force you into making hasty decisions when choosing an attorney. Once you have received your  “Notice of Suspension” from the Administrative License Revocation (ALR) Program, you have 15 days to request your driver’s license.

This gives you at least a couple of weeks to talk to a number of criminal defense attorneys and compare their advice to make sure you get the best legal strategy for your particular case. So take your time, ask for referrals, and make a list of attorneys you can talk to.

2. Don’t Believe the Hype

There are plenty of attorneys around (especially online) who claim to be DWI/DUI law specialists, but aren’t. Just because an attorney or law firm makes bold promises in their advertising doesn’t mean they actually have the skills to defend you effectively. In fact, many attorneys who bill themselves as DWI lawyers make their living off of getting lots of cases processed through the system, often at the expense of your best interests.

A true specialist is more concerned with the quality of your defense than the number of clients they can push through the system. DWI/DUI law specialists will have their own processes for dealing with cases, often conducting their own investigation into your case. Your attorney should be able to explain the steps they need to go through to build the best defense for your particular case.

And if a DWI/DUI attorney suggests a strategy without first conducting a thorough investigation of your case, you can be pretty certain you are dealing with someone who is more interested in their own bottom line rather than building the best defense for you.

The ideal experience for a lawyer dealing with DWI/DUI defense cases is someone who handles them on a regular basis. DWI/DUI law is complex and the laws are changing and evolving all the time. Even seemingly straightforward cases can overwhelm an attorney who doesn’t keep up to date with the details. To make sure have the best opportunity to protect yourself properly, you need to engage a specialist to handle your case.

Ask the attorney for specifics related to how many cases they have handled in the past year, and what their success rate is for defending their clients. Another important question is to ask whether or not they are Board Certified by the Texas Board of Legal Specialization.

3. Ask the Right Questions

It’s your life, liberty, and your livelihood at stake, so don’t be shy about asking tough questions to get the details you need to make an informed decision. Here are six questions you should ask before you hire any DWI attorney:

  1. What is your experience in handling DWI/DUI law in Texas?

When it comes to handling DWI/DUI cases, experience is key. While there are many talented attorneys in Texas, not all of them deal with DWI/DUI cases regularly. You really want an attorney who is dealing with cases on at least a monthly basis.

  1. Will you conduct your own investigations into my case?

As we mentioned, this is a critical question for determining whether or not the attorney you are talking to is a DWI/DUI specialist. If they don’t mention their investigative procedures and processes, or they give you a general answer, you can be pretty sure they don’t have what it takes to build the best defense for you.

  1. What do you see as potential difficulties in my particular case?

Try to be as transparent as possible with the attorney you are interviewing, and make sure to bring all DWI/DUI related documents with you to the first meeting. As we mentioned above, DWI/DUI laws in Texas are complex, and very often it is the minor details that can make the difference between winning and losing your case.

  1. Who will handle my case?

Modern law practices are typically busy, and very often the attorney you speak to about your case may not be the one who ultimately handles it. If is it clear that the attorney you speak to initially will not be handling your case, find out if the attorney who will be in court with you has the necessary expertise and experience to defend you successfully. You also want to make sure you are treated as an individual instead of just another case number.

  1. Have you ever had disciplinary measures take against you or members of your firm?

This question might seem forward, but the last thing you want is to find out in the middle of your case that your attorney has a tarnished reputation in the Texas legal community. Your own reputation, and possibly even your livelihood, is on the line, so it’s in your best interest to ask the right questions so you know your case is in safe hands and will be dealt with by competent professionals.

6. What are the legal costs for handling a case like mine?

The nature and severity of your case will dictate how much of your attorney’s time and skill is required to develop an effective defense, which will, in turn, determine your legal fees. This is why it is crucial you get a good understanding of your particular case from a legal perspective. Make sure you also ask about how the law firm charges – whether per hour or flat fee – and if they offer a payment plan or not. Have clear expectations about fees before you enter into a relationship with an attorney.

Choosing a good DWI attorney can be confusing, and hopefully, these three tips from the legal team at Scheiner DWI & Criminal Defense Lawyers, have helped understand the kind of information you need to get before making a final decision.

For more information or to discuss your case with an experienced professional with a proven track record, feel free to contact us to arrange a meeting with a specialist Houston DWI lawyer. We will meet with you personally and offer an honest assessment of your case.