DUI Defense in Texas | Here Is What You Should Know

There are a number of different DUI defenses that can be used in Texas. However, you will want to note that the only way to use these defenses is with the help of one of our dedicated and experienced Houston DWI defense attorneys. Our legal team is here to help. Give us a call today to get started.

What are Texas’ DUI laws?

Texas Penal Code § 49.04 states that an individual can be charged with a DUI offense if he or she is intoxicated while operating a motor vehicle in a public place. Texas Penal Code § 49.01(2) describes intoxicated 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 of 0.08 or more.

Almost all DUI arrests in Texas generally involve alcohol concentrations collected from breath samples obtained during roadside tests or tests performed at police stations. A violation of the alcohol concentration limit definition of intoxicated is regarded as evidence of an alcohol concentration of 0.08% or higher, but, a person can be arrested based on the other definition of intoxicated that concerned more subjective views of arresting officers or the potential involvement of controlled substances.

What are common DUI defenses in Texas?

  • Police Officer Fails to Follow Guidelines: It is essential to recognize that law enforcement officers are instructed to read you the Miranda Warning, which explains your rights before they start questioning you. If a law enforcement officer fails to read the Miranda Warning can be a valid defense for a DUI charge. All police reports should be clear and precise. Law enforcement officers are required to obtain and store all evidence properly; a failure to properly manage and keep proof may end up in evidence suppression.
  • An Improper Stop: If law enforcement did not have probable cause or did not follow appropriate procedures, a lawyer can attempt to have the charges dismissed or have specific evidence concealed.
  • Breath Test Calibration Errors: Breathalyzers are useful, however, they are not infallible. Accuracy in calibration is needed to have trustworthy breathalyzer results. Failure to calibrate the breathalyzer may result in incorrect readings.


We understand how challenging various legal matters can be, which is why we have dedicated ourselves to helping clients in Texas through a wide array of legal matters, including personal injury law and criminal defense. If you have sustained a serious injury or are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.