Houston DUI Lawyer

Have you been charged with a DUI?

Contact Lawyer One

If you or a loved one has a related case, please fill out the form below. If you wish to call our number is 1.800.391.0227.

Schedule your free consultation now
Free Consultation. Call Us 24/7.

Don’t get caught in a wreck.

It is easy to get arrested when you are feeling fine even though you have been drinking. Alcohol, drugs, or medications can often make us doubt our abilities and put us in compromising situations. It may have been hours since you last drank but if your BAC is over the limit, odds are you are going to be in a big amount of trouble. If you so much as swerve or drive with any sort of erraticism, you run the risk of being pulled over by the police. If you are pulled over by the police and given a sobriety test, you will be arrested if any substance is found in your system.

Dependent upon the severity of the situation, you might be facing the harshest punishment possible. This could include jail time, exorbitant fines, court fees, and a DUI on your record. Having a DUI on your record can affect many different parts of your life including school, insurance issues, as well as your career. If you or a loved one has been charged with a DUI, we are here to help. We have had experience with even the most severe types of cases and can help get your charges, fines, and jail time reduced.

Here’s what you need to know about a first-time DUI offense.

Getting a first-time DUI offense can potentially scar you for life. Not everyone has the same experience when it comes to a DUI offense. Some people have a relatively easy experience where it does not affect their future jobs, insurance, or schooling experience. Others are scarred and have a very tough time being able to continue on with a successful future.

The saddest part of a DUI is that the highest percentage rate of substance-impaired drivers are those who have children. It is extremely dangerous to not only yourself and others but if your child is in the car, you are potentially risking ending his or her life.

Contrary to popular belief, it is possible to be impaired with even just one-drink or minimal substance use. There are many DIY fixes for sobriety impairment, but none of these will truly work to sober you up. Once the substance is in your system, you are risking a possible DUI offense. This applies to not only alcohol, but any substance. Since Marijuana has become legal in many states, the rate of impairment due to marijuana intoxication has now gone up.

Many first-time offenders are closeted drug addicts or alcoholics. Many people have a hard time beating their addiction and knowing the correct choices to make when it comes to affecting their future. Often, these addicts believe they are sober enough to drive and get behind the wheel to find that even one drink or a small amount of toxicity in their system affects their driving. Next thing they know, they are pulled over by the police and being taken to the nearest police station. Whether or not you spend a few hours, to days, to months in jail depends upon the severity of the charge, as well as the arresting officer and how well you cooperate at the scene. Agreeing to any and all sobriety tests will work to your benefit as not agreeing or cooperating will work against you in court.

Use Form or Call 1.800.391.0227

Free Consultation. Call Us 24/7.

If you or a loved one has a related case, please fill out the form below to schedule a call.

Schedule your free consultation now

Jarrett L. Ellzey Attorney at Law
Ellzey & Associates, PLLC
Houston, TX
More Info ...

You may have seen us mentioned in ...

DUI Stages

There are a couple of stages you will go through once you get a DUI. Sometimes, these stages can last longer and the punishment can be more severe depending upon how extensive the damage is.

Arrest – The first stage is getting arrested. You were pulled over for possible intoxication, took all of the sobriety tests, and were found guilty of intoxication. This means that the officer will arrest you and you will be taken into the station. Whether or not you stay overnight or can post bail will depend on the case and if someone was injured, killed, or damages occurred.

Custody/booking – In this phase, the officer will bring you in for questioning. They will ask questions about if this is your first offense (even though they can see this information on your record). They will ask what you do for a living, do you have a family, where do you live, etc. Once this is completed, they will determine whether or not you will be held in jail, and if you are able to post bail. If you are able to post bail, you will be able to call a family member or attorney and go home.

Arraignment – When someone is called in for their arraignment, they can appear with or without their attorney, although it is highly advised to have your attorney with you at your arraignment. At your arraignment, a judge will inform you of your charges and you will be able to plead guilty or not guilty. You will also find out about probation, if you will be held in jail, and any future court date for ruling on your case. Sometimes a future court date is not necessary, and punishments will be enforced if a plea bargain is agreed upon. For felony cases, the court will need to have a preliminary hearing to determine the severity of the case, and if the case will progress to the court to be ruled on.


Trial – If a plea bargain is not reached then a court will progress to trial. During a trial, a judge and jury will review your information in court, along with any evidence provided. Your attorney will be able to defend your case and help to make any deals necessary to help your case. This can include evidence as to why your fees should be lowered, jail time should not be faced, or having your license reinstated.

Sentencing – Dependent upon if a plea bargain was reached or if a judge or jury found the defendant guilty, the case then moves on to sentencing. During sentencing, punishment will be decided. Punishment can come in numerous forms. For more severe cases the punishment will typically be jail time. For less severe cases, the defendant may be faced with exorbitant fines for their crime, along with court fees. Sometimes, punishment for a case can come in the form of mandatory alcohol treatment program completion.

Houston DUI Frequently Asked Questions (FAQ)
Will having a DUI go on my record?
Having a DUI will in fact go on your record. It will be listed as a crime but if the severity is not extensive, then it will be registered as a misdemeanor. Having a misdemeanor on your record is much better than having a felony offense. Whether or not your DUI will be listed as a felony depends on the severity of the charge. Was someone seriously injured in the crash? Was someone killed? These are issues that will affect whether your charge is labeled as a misdemeanor or felony. When a DUI is registered as a felony, you will also face serious jail time, even if it is a first-time offense. The jail time will be more serious if you are a repeat offender.
If I am a first-time offender will I still go to jail?
If you are a first-time offender, you will most likely be detained for only a few hours, to a night. Sometimes, depending on the severity of the case, a few days, but this is rare if there is no injury or property damage involved. In the vehicle code, it mentions that DUI offenders must face at least 48 hours in jail. Usually, this can be waived depending on the circumstances of the situation. You can usually have your bail posted and go home free until your case goes to court. You will have to pay a fine, as well as court fees.
What if I have a prior DUI?
If you have a prior DUI on your record, you will definitely face jail time. The maximum jail time is one year for a prior DUI. Probation is also for five years. The court will require you to pay a more exorbitant fine from the first sentence and you will have to take a state-approved alcohol course. This course is to ensure you do not have an alcohol consumption issue. With a prior DUI on your record, you will have your license restricted for up to a year, with the ability to get a restricted license that allows you to get to places such as work, school, and the grocery store after about 90 days, dependent upon the state and severity of the case. If you are facing a third DUI on your record, the punishment is much more severe. You will be faced with license suspension, along with an alcohol program and the possibility of mandatory AA classes. Your next DUI will be an automatic felony and you could face many years in jail, dependent on the severity of the damages caused.
Can I have my DUI charge taken off my record?
In general, yes, a DUI charge can be taken off of your record. This can usually only be done for first-time offenders and only after the probation period is completed. Once the court agrees and the probation period is completed, the DUI will be expunged from your record and it will show up as “dismissed”, meaning you are not guilty of the crime. In some cases, dependent again upon the severity, we can petition the court to get the probation period ended early as well.
So, I got charged with a DUI, what’s the first step?
It is imperative that when you first get a DUI, you research and contact an attorney immediately. Facing a DUI charge on your own can be tricky and often times your lawyer can get your charges and fines reduced if the case is a misdemeanor and not severe. Your attorney will cross-examine every aspect of the case. Did the police offer follow the correct protocols? What does the camera footage show? Were the sobriety test results accurate? We will help guide you every step of the way and help you to build a strong case. Honesty and transparency are our top priorities. We ensure that you are given the truth and all of the correct information about potential outcomes for your case.

Jarrett L. Ellzey

Partner, Ellzey & Associates, PLLC

About Ellzey & Associates, PLLC

Ellzey & Associates is a Texas personal injury law firm that aggressively advocate their clients’ interests in a wide range of legal disputes. The firm has successfully represented individuals with catastrophic injury, wrongful death, car/truck accident, brain injury and other such cases. Ellzey & Associates also has in-depth experience representing businesses in complex corporate, consumer, and class-action litigation involving a myriad of claims such as breach of fiduciary duty, real estate, fraud, consumer protection and Deceptive Trade Practices Act (DTPA) violations, Telephone Consumer Protection Act (TCPA) violations, products liability, auto defects, government contractor fraud, Medicare and Medicaid fraud, Whistleblower and False Claims Act (Qui Tam) claims, whistleblower protection and wrongful termination.

Law Firm Information
Firm: Ellzey & Associates, PLLC
Address: 1105 Milford Street
Houston, TX
Phone: 1.800.391.0227
Ellzey & Associates Office
Lauren Testimonial
Bill Testimonial
Tom Testimonial
Edith Testimonial
Beth Testimonial

Latest Videos

View All Videos ...
Call Us Book Appointment Text Us