Hire One of Your Own

Odessa DWI Defense Attorney

The punishments for a DWI (driving while intoxicated) go far beyond jail. They can cause you to lose your right to drive, affecting your employment, your kids’ schooling, and more. You could be forced to attend driving classes or even rehabilitation, paying for the sessions yourself. More time-consuming activities like community service can be heaped on you as well. 

A DWI (sometimes called a DUI, “driving under the influence”) can also harm your reputation. Our country has a strong stigma against people who drink and drive, even if they’ve had only one or two drinks. When a DWI pops up on your record, you could be denied a job and even housing.

If you’ve been arrested for a DWI, you need a skilled attorneys who can fight for your freedom. Trust the Odessa lawyers at The Law Offices Of Hector Pena, PLLC. He is a Texan fluent in both Spanish and English, truly “one of your own.” With years of legal experience, he understands how prosecutors can trump up charges and twist circumstantial evidence, and he is ready to help you tell your side of the story.

For a free consultation, fill out our simple online contact form.

DWI Penalties in Texas

You are considered legally drunk when your blood alcohol level (BAC) is at 0.08% or more. The higher your BAC, the steeper the punishments can be for a DUI.


First-Offense DWI

Jail between 3 and 180 days (6 months); fines up to $2,000; license suspension up to 1 year


Second-Offense DWI

Jail between 1 month and 1 year; fines up to $4,000; license suspension up to 2 years

Third-Offense DWI (or more)

Prison between 2 and 10 years; fines up to $10,000; license suspension up to 2 years

DWI with a Minor in the Car

Additional child endangerment charges are added to the penalties outlined above. This crime results in jail time of up to 2 years and additional fines of up to $10,000. It also adds an additional 180 days (6 months) to your license suspension

Defenses Against a DWI Charge

Our attorney is prepared to investigate all the facts in your case. Here are some possible defenses we can use to help preserve your freedom.

Challenging the Police Stop

Police must have a good reason to stop your car. They cannot pull you over for minor, secondary offenses. Moreover, there should be no racial or otherwise bigoted reasons to stop commuters.

Regardless of whether a driver is intoxicated, police can stop someone only with probable cause. If we detect any police impropriety in your case, we can challenge them in court.

Challenging the Sobriety Test

Most evidence is not foolproof, even in our modern technological age. Breathalyzers, for instance, have a 15% margin of error. 

Furthermore, field sobriety tests are highly subjective. They do not always account for someone’s tight clothes or shoes. A woman in heels and an evening gown, for instance, could easily trip during a test and suddenly find herself accused of drunk driving.

Explain That You Were Sober

Police often judge someone’s behavior and make DWI arrests without any other evidence. A sober eccentric, for instance, could easily be mistaken for a drunkard.

Many illnesses can also mirror drunkenness. A simple sinus infection can leave someone a little disoriented, causing police to believe they are intoxicated. More serious conditions, like diabetic ketoacidosis, often cause people to act completely erratically. Some digestive conditions like GERD can even produce positive results in a breathalyzer. 

If you were sober at the time of your arrest, you need a skilled attorney to help explain the situation to your accusers. Trust our team to help faithfully recreate the true circumstances of your arrest.

Our defense attorney is ready to help you fight DUI charges in Odessa and Pecos. To schedule a consultation, contact us online or call us now at (432) 356-2424.


What Clients Are Saying
  • Hector Pena is the lawyer you want on your side.

    Hector Pena is the lawyer you want on your side. The plea agreement was I pleaded guilty to one charge and got 4 others dismissed. Thanks Hector for your help in my cases.

    - James E.
  • He's one of the best, good results, and fast.

    If you need a lawyer Hector Peńa is your answer. He's one of the best, good results, and fast. He knows what he's doing, take my word for it.

    - Isela V.
  • Attorney Mr. Pena is the greatest in his field.

    I'm really grateful for Mr.Hector Pena and his team, for being very caring and supportive through the entire case settlement process. If you are looking for an Attorney Mr. Pena is the greatest in his field. He is very humble and knowledgeable and handles every case with professionalism. I will strongly recommend to friends and family.

    - Hector B.
Hire A Law Firm You Can Count On
We've recovered millions on behalf of our clients. Let The Law Offices of Hector Peña, PLLC fight for maximum compensation on your behalf. Get started today by calling: (432) 356-2424
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What You Can Expect with Us

  • Se habla español
  • Committed to Executing Cases With Integrity and Tenacity
  • Free Consultations
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