The Ghezzi Law Firm — Magnolia, TX
A DWI (Driving While Intoxicated) charge in Texas is a serious matter with potentially life-altering consequences. Whether this is your first offense or you’re facing enhanced charges, the stakes include possible jail time, heavy fines, license suspension, ignition interlock requirements, and a permanent criminal record that can affect your career, your family, and your future.
Attorney John Ghezzi defends clients facing DWI charges across Montgomery County, Walker County, and surrounding jurisdictions. With more than 20 years of courtroom experience, John understands the science behind blood alcohol testing, the procedural requirements law enforcement must follow, and the defense strategies that produce results.
A first-offense DWI in Texas is a Class B misdemeanor carrying up to 180 days in jail and a $2,000 fine. A second offense increases to a Class A misdemeanor with up to one year in jail and $4,000 in fines. A third offense is a third-degree felony with two to ten years in prison. Additional penalties — including surcharges, community service, mandatory alcohol education programs, and license suspension — apply at every level.
Every DWI case has potential vulnerabilities that an experienced defense attorney can exploit. Was the traffic stop lawful? Were field sobriety tests administered correctly? Was the breathalyzer properly calibrated and maintained? Was the blood draw conducted in accordance with Texas law? John Ghezzi examines every detail of your arrest and the state’s evidence to identify the strongest defense strategy for your situation.
This is a complex decision with trade-offs. Under Texas's implied consent law, refusing a breath or blood test triggers an automatic license suspension (180 days for a first refusal). However, providing a sample creates evidence that can be used against you. The best course of action depends on your specific situation — contact an attorney as soon as possible after an arrest.
If your DWI charge was dismissed or you were acquitted, you may be eligible for expunction. If you received deferred adjudication (available only for first-offense DWI in some jurisdictions), you may be eligible for an order of nondisclosure. A conviction for DWI generally cannot be expunged.
In Texas, DWI (Driving While Intoxicated) applies to adults operating a vehicle with a BAC of 0.08% or higher, or while impaired by alcohol or drugs. DUI (Driving Under the Influence) is a separate, lesser offense that applies specifically to minors (under 21) who have any detectable amount of alcohol in their system.
Yes. Even a first-offense DWI carries serious consequences including potential jail time, fines, license suspension, and a criminal record. An experienced attorney can often negotiate reduced charges, identify procedural errors, or develop a defense strategy that protects your future.
Contact The Ghezzi Law Firm today for a free, no-obligation consultation. We’re here to help you understand your legal options.