No Refusal Weekends and Blood-Draw Warrants in Texas: What Drivers Need to Know
A “No Refusal Weekend” does not mean Texas drivers lose the right to refuse a voluntary breath or blood test. Instead, it means law enforcement is prepared to move quickly if someone refuses. Officers may have prosecutors, judges, and qualified medical personnel available so they can seek and execute a blood-draw warrant without the delays […]
How Long Does a DWI Case Take in Houston?
A DWI case in Houston commonly takes six to nine months to resolve when it involves a straightforward misdemeanor charge. More complicated misdemeanor cases may remain open for a year or longer. Felony DWI cases can take one to two years, and cases involving serious injuries or death may take several years. These are general […]
Pretrial Diversion for DWI in Texas: Are You Eligible?
You may qualify for DWI pretrial diversion in Texas if this is your first offense, you have little or no criminal history, and your case does not involve serious aggravating circumstances. However, eligibility is never automatic. The prosecutor handling your case or their supervising prosecuting attorney has the authority to approve or deny your application. […]
DWI With an Accident in Texas: How a Collision Affects Your Case
A collision does not automatically turn a Texas DWI into a felony. The seriousness of the case depends mainly on whether the accident caused property damage, serious bodily injury, or death. A property damage accident may remain a misdemeanor DWI. If someone suffers serious bodily injury, the driver may face intoxication assault. If someone dies, […]
Class B vs. Class A Misdemeanor DWI in Texas: How a BAC Over 0.15 Changes Your Case
A first DWI in Texas is normally a Class B misdemeanor. If an analysis of your breath, blood, or urine shows an alcohol concentration of 0.15 or higher at the time of testing, the charge can become a Class A misdemeanor. That change matters. It raises the maximum jail sentence from 180 days to one […]
What to do after an arrest in Houston
Getting arrested is frightening, and the hours right after often feel like a blur. Whether this is happening to you or to someone you love, the choices made in those first hours can shape the entire case. David Smith is a Board Certified Criminal Lawyer and owner of this criminal defense firm in Houston, and […]
World Cup in Houston: Don’t Let a DWI or Assault Charge Ruin the Celebration
World Cup in Houston: The Dangers of DWI and Assault Charges During the Tournament Houston is on the world stage. With FIFA World Cup matches being played at Houston Stadium, also known as NRG Stadium, and major fan events across the city, thousands of locals and visitors will be celebrating soccer, culture, and national pride. […]
What Does Plead the Fifth Mean in a Texas Criminal Case?
When you hear someone on TV or in real life “plead the Fifth,” they’re tapping into one of the most powerful shields in the American legal system. In plain English, it’s your constitutional right to refuse to answer any questions—from police or in a courtroom—that could incriminate you. This isn’t just a dramatic movie line. […]
David Smith and Leo Elizondo Present at Nerd Nite: A Deep Dive into Texas DWI Laws and Your Rights
[fusion_youtube id=”https://youtu.be/Jeif4Uq2yQg” alignment=”” width=”600″ height=”350″ start_time=”” end_time=”” autoplay=”false” mute=”false” loop=”false” controls=”true” api_params=”” title_attribute=”” video_facade=”” thumbnail_size=”auto” video_facade_no_cookie=”on” margin_top=”” margin_bottom=”” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” class=”” css_id=”” render_logics=”” structured_data=”off” video_upload_date=”” video_upload_date_timezone=”-12:00″ video_duration=”” video_title=”” video_desc=””][/fusion_youtube] On January 3, 2026, attorneys David Smith and Leo Elizondo of David Smith Law Firm, PLLC presented at Nerd Nite at Grand Prize Bar, a popular Houston […]
Not Guilty Verdict After a 3-Day DWI Trial: How Strategic Defense Made All the Difference
When you’re facing a Driving While Intoxicated (DWI) charge in Texas, the stakes are very high. A conviction can mean jail time, steep fines, loss of driving privileges, skyrocketing insurance rates, and even long-term damage to your career and reputation. For one Houston-area client, everything was on the line. After being accused of DWI, he […]
The Real Cost of a Texas DWI: Far More Than Just Fines
When facing a DWI charge in Texas, it is a grave mistake to focus only on the initial fine. Seeing a number like $2,000 for a first offense might seem manageable, but that figure is merely the tip of a massive financial iceberg. The true cost of a DWI conviction explodes once the full scope […]
Do you get drug tested at court? A Houston Guide
Can a judge really order you to take a drug test in a Houston courtroom? It’s a question that many people facing the Texas justice system ask, and the answer is an unequivocal yes. While it’s not an automatic part of every case in Harris County, judges have the authority to order a drug test […]
Axion Laboratories Forensic Chromatography Course
On the Path to Becoming a Lawyer-Scientist: My Experience at Axion Laboratories Forensic Chromatography Course Last week, I had the privilege of attending the Forensic Chromatography course at Axion Analytical Laboratories in Chicago, a nationally recognized training program for attorneys seeking to deepen their understanding of forensic science. This intensive, hands-on experience marks a significant […]
Understanding DWI in Texas Fines: A Complete Cost Guide
When facing a DWI charge in Texas, the first number that often comes to mind is the criminal fine. These are steep, starting at a maximum of $2,000 for a first offense and escalating to a staggering $10,000 for a third offense. However, as a criminal defense attorney in the Greater Houston area, I’ve seen […]
How to Beat DWI Charges in Texas: A Houston Guide
Being arrested for Driving While Intoxicated (DWI) in the Greater Houston area can feel like the end of the world. But a charge is not a conviction. Winning a DWI case isn’t about a magic bullet; it’s a deliberate process of dismantling the state’s case against you, piece by piece, with the help of a […]
3rd Offense DWI Texas: What You Need to Know When Facing a Felony Charge
A third DWI charge in Texas is not just another legal problem—it’s a potential catastrophe. This is the moment when a serious situation escalates into a life-altering crisis, as the charge automatically jumps from a misdemeanor to a third-degree felony. The consequences you face are no longer just fines and weekend classes; they are years […]
When Can Police Search Your Car in Texas?
So, when can police search your car? It’s one of the more common questions Texas drivers have, and the answer is almost never simple. While the Fourth Amendment protects you from unreasonable searches and seizures, a traffic stop on a Houston highway puts you in a unique legal situation. In Texas, police can often search […]
How to Expunge Criminal Records in Texas
In Texas, getting your criminal record expunged is a formal legal process designed to permanently destroy the records of an arrest and prosecution. When handled by an experienced attorney, the process completely erases the event from your public record. It offers a true fresh start for those who qualify, but navigating the complex Texas legal […]
Will My Employer Be Notified of My DWI? What You Need to Know
When you’re facing a DWI charge in Texas, one of the most urgent questions is almost always the same: “Will my boss find out?” The fear of losing your job can be even more stressful than the legal proceedings themselves, especially for professionals in the Greater Houston Area whose careers depend on a clean record. […]
SmartStart Ignition Interlock
SmartStart Ignition Interlock: A Reliable Option for Houston Drivers—Now with a Free First Month Coupon If you’ve been charged with Driving While Intoxicated (DWI) in Texas, one of the most immediate and impactful consequences may be the requirement to install an Ignition Interlock Device (IID) in your vehicle. These devices are designed to prevent impaired […]
