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Trichter & LeGrand, P.C.

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Trichter & LeGrand, P.C.

DWI & Criminal Defense Law Firm with 1,000s of Cases Won & Dismissed. Most of our cases get dismissed. Being Arrested For DWI/DUI Does Not Mean You're Guilty!

Gary Trichter was the 1st DWI Specialist In the State of Texas. Call 24/7 to schedule your FREE Consultation. The aggressive Houston DWI lawyers at Trichter & LeGrand Law Firm, understand the enormous impact a DWI or DUI arrest can have on your reputation and your life. Lead by J. Gary Trichter, a board-certified DWI Specialist and Leslie LeGrand, a board-certified criminal lawyer, they understand

what is on the line and give you the best chance of a favorable outcome in your case. Trichter & LeGrand, P.C. was founded by nationally renowned Houston DWI lawyer and DWI specialist, J. Gary Trichter, a leader in DWI defense and DUI (under 18 years old). For more than 35 years, Gary has defended Texans concerned with preserving their valuable reputations. He co-authored the textbook Texas Drunk Driving Law, and has authored or co-authored 280 legal articles.

04/27/2026

HOW LONG CAN THE STATE USE A PRIOR DWI CONVICTION AGAINST YOU?

Understanding Conviction Limits

If You’ve Been Previously Convicted of a Dwi, Persecution Can Use That Previous Offense Against You Forever. There Is No Real Limit on Prior Dwi Convictions and How They May Impact Your Future Legal Circumstances. Whether It Was 10, 20, or Even 30 Years Ago, Any Dwi Conviction in Your Past May Be Used to Enhance Subsequent Dwi Charges.

How Does That Change My Charges?

Essentially, Prior Convictions Can Be Used Against You Indefinitely. When It Comes to Dwi, That Means Any Subsequent Dwi Charges Can Be Increased in Grade — for Example, Your Second Dwi May Be Charged as a Dwi Second.

This Increases the Range of Punishments Available to the State, and May Magnify the Consequences for Any Current Dwi Charges. Dwi Charges and Dwi Second or Dwi Third Charges Can Carry Some Serious Consequences, Which Is Why Seeking Professional Legal Counsel Is Often a Good Idea if You Plan to Fight a Dwi Charge at Any Level.

GET A FREE CONSULTATION

Probation Or Deferred Adjudication
There Are Some Very Specific Circumstances to Be Aware of When It Comes to the Impact Prior Dwi Convictions Can Have:

Prior Dwi Convictions Where the Offense Was Committed Before January 1, 1984, Cannot Be Used to Enhance Your Punishment When the Initial Sentence Resulted in Probation and That Probation Was Never Revoked.

Prior Probation or Deferred Adjudication From Another State May Not Be Used Against You, but if You Were Fully Convicted of Dwi in Another State, That Conviction May Still Be Used to Enhance Punishment, Even if the Initial Dwi Conviction Occurred Outside of Texas.

Restricted Occupational License
If You Hold an Occupational License and Are Convicted of Dwi, You May Ask the Judge if Your License Will Be Suspended. In Some Cases, You May Ask the Court for a Restricted Occupational License, That Allows You to Go to Work, Religious Services, Pick Up or Drop Off Children at School, or Other Absolutely Necessary Driving Destinations.

For the Duration of the Restrictions, This License Restricts the Hours and Geography Where You May Drive. However, if You Have a Prior Dwi Conviction Within 5 Years of Your Current Arrest, You Will Not Be Able to Get a Restricted Occupational License.

This Is Another Example of How Time Limits May Impact Your Life Following a Dwi Arrest or Conviction:

Learn how long certain types of DWI offenses last on your records, and what legal implications that has for any subsequent legal action.

04/27/2026

HOW DWI AFFECTS YOUR FUTURE AND CAREER

Whether You’ve Been Convicted Of DWI For The First Time Or You’ve Had Multiple Convictions, The Being Convicted Of DWI Affects Everything Throughout Your Life From Your Reputation And Career To Insurance Rates And Our Ability To Own A Firearm.

In Texas, Each Time You Are Convicted Of DWI, The Punishment Becomes More And More Severe Legally, Socially And Professionally.

DWI – The Legal Punishment

To See How The Punishment For DWI Convictions Breaks Out, Read This Page:

You’ll Also Find These Articles Helpful:

Your Second DWI
Intoxication Assault, A 3rdDegree Felony
Intoxication Manslaughter A 2ndDegree Felony
Jail Time Versus Prison Time For DWI

If You Are Convicted Of A DWI, You May Have To Serve Either Jail Time Or Prison Time.

Jail Is Time Spent In The County Institution And Prison Time Is In A State Institution.

In Both Instances, The Judge Or Jury Can Probate Jail Time.

This Is Where It Suspends The Incarceration Provided That The Individual Performs Certain Rehabilitation Terms And Conditions Over Time During A Probation Term:

How DWI Affects Your Future & Career - The repercussions of a DWI on your future and career can be far-reaching.

04/27/2026

WHAT ARE MY RIGHTS WHEN I’M ARRESTED FOR DWI?

Felony DWI and arrested for DWI Third offense Texas DWI Penalties
Arrested For DWI?

If You Are Arrested For DWI, You Have Rights.

That Doesn’t Mean You Can Evade Arrest Or, In Some Cases, Refuse A Breath Or Blood Test, But Rather, It Means That You Don’t Have To Willingly Comply With All “Requests” Made By The Officer.

DWI And Your Rights During The Traffic Stop

Most Driving While Intoxicated (DWI) Investigations Begin When A Police Officer Observes Someone Driving Whom He Thinks Committed A Traffic Violation And Initiates A Traffic Stop.

Once The Officer Has Turned On His Emergency Lights And Sirens, You Do Not Have The Legal Option To Drive Away.

Doing So Would Make Matters Much Worse Because It’s Considered “Evading Arrest In A Motor Vehicle” Which Is A Felony Offense.

Our Advice Is Simple: DON’T DRIVE AWAY! USE YOUR RIGHT BLINKER, MOVE TO THE RIGHT, AND PARK OUT OF THE FLOW OF TRAFFIC. A PARKING LOT IS THE BEST PLACE TO STOP.

This Mandatory Stop Is Considered To Be Either A Temporary Detention Or Arrest.:

ARRESTED FOR DWI? You may wonder, "What are my rights when I'm arrested for DWI?" Our skilled DWI lawyers have the answers for you.

04/23/2026

WHAT IS AN EXPUNCTION?

An Expunction Is A Legal Mechanism To Remove All Information About An Eligible And Qualified Criminal Episode From Your Record.
In Order To Qualify For An Expunction, Your Offense Must Meet The Following Criteria:
A) You Were Wrongly Arrested, But Never Prosecuted
B) Your Case Was Dismissed
C) You Went To Trial And The Judge Or Jury Found You Not Guilty
Why should you get an expunction?
Just because your case was dismissed doesn’t mean that the record of your case is gone.

If you have a professional career—whether you’re a healthcare professional—the stakes are high if you have a blemish on your record.

If you drive a vehicle professionally or your company or a company you’re thinking about joining perform background checks—an expunction makes sense.

If you’re a pilot, you could lose your license or denied one if you have a DWI on your record.

Although don’t have criminal charges pending against you, your criminal case can follow you around for the rest of your life.

It can linger on your record just waiting to affect you when you least expect it:

· Applying for a new job
· Helping at your child’s school where a background check is required
· Professional licensing board application or renewal
· Applying for housing
· You get arrested for DWI again and your previous case is used against you to make your punishment more severe

How to know if your case is eligible for an expunction:

WHAT IS AN EXPUNCTION? - We Have 1,000s Cases Won & Dismissed. Gary Trichter Was The 1st DWI Specialist In Texas. Free Consultation.

04/20/2026

MA*****NA AND DWI

Did You Know You Could Get A DWI Without Drinking Alcohol?

Being Under The Influence Of Ma*****na And Driving A Motor Vehicle Could Get You Arrested For A DWI.

Watch This Video To Learn More:

MA*****NA AND DWI - Houston DWI Lawyer & Criminal Defense Law Firm. Gary Trichter is the 1st DWI Specialist In Texas. Dismissal is our Goal.

04/16/2026

DO I NEED A LAWYER FOR A DWI IN TEXAS

Do You Need A Lawyer For A DWI? This is a commonly asked question here at our law firm, in the courthouse and across the internet.

There is an old saying that goes around the courthouse, “anyone who represents themselves has a fool for a client”.

This is said because there is going to be a lot of things that goes on in your case that you are not going to be prepared for.

Watch this short video to learn more:

Do I Need A Lawyer For A DWI In Texas? Get Expert Advice On Beating Your DWI. Increase Chances Of Overcoming Your DWI.

04/13/2026

WHAT IS A ADMINISTRATIVE LICENSE REVOCATION (ALR)

�Administrative License Revocation (ALR) Program is a civil administrative process requiring the department to suspend and/or disqualify your driver license if you are arrested for Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI) when you:
�1) to take or fail to complete a blood or breath test, or��

2) Provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.08% or more while driving a non-commercial motor vehicle, or��

3) Provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.04% or more while driving a commercial motor vehicle.�

These of your driving privilege under the ALR program is unrelated to the criminal court proceedings for DWI or BWI.

Additional Information Can Be Found In Texas Transportation Code Chapters 524 And 724.

Schedule an office visit

We will schedule your ALR hearing at no cost.
ALR Process For DWI Or BWI

If a Law enforcement officer has reason to believe you are impaired, a set of field sobriety tests will be administered.

If you fail the field sobriety tests you will be arrested for DWI or BWI.

You will be asked to take a breath or blood test to measure your blood alcohol concentration (BAC) level.

If you refuse to take or fail the field sobriety tests, your driver license will be suspended and/or disqualified.��

If you consent to a law enforcement officer’s request to a blood test, you will keep your driver license until the BAC results are received by the Department.

If the results indicate you provided a specimen above the legal limit, your driver license will be suspended and/or disqualified.��

A $125 reinstatement fee is required prior to the renewal or issuance of your driver license, in addition to paying any other outstanding fees owed.� Watch this short video:

ADMINISTRATIVE LICENSE REVOCATION - Houston DWI Lawyer & Criminal Defense Law Firm. Gary Trichter is the 1st DWI Specialist In Texas. Dismissal is our Goal.

04/09/2026

Steps To Take After A DWI Arrest

I am going to walk you through the steps to take after a DWI arrest.
The first thing is, if you have been arrested and you are reading this that means that you spent the night in the fine accommodations of the Harris County jail or at another county jail.

Unfortunately, you are going to want to get out of there and you are not going to want to think about your case or DWI law at all.

Don’t do that because there are things we need to do right away to protect not only your Liberties but keep you out of jail, check your record and keep you driving legally.

The first thing you need to understand is when you are arrested for DWI there is not just one case.

Yes, you have the DWI case against you where the state alleges you drove while intoxicated but the DPS (Department of Public Safety) also files a charge against you where they try to suspend your license.

There are certain steps that we need to take right away in order to ensure your license is not suspended.

That process is called an ALR or Administrative License Revocation.

So the first step is to gather all your paperwork that you received when you got out of jail.

Then call an attorney and find someone to walk with you through this process to protect those rights that we talked about.

Then you need to let your attorney talk to you about the ALR process, but we’re going to have to request a hearing within 15 days from the date you are arrested.

That is right, 15 days.

Even if your first Court setting is two weeks from now or a month from now, you do not have much time.

We have to act within 15 days to get this ALR.

The next thing you need to do is figure out is if there are any bond conditions the court has imposed on you.

When you are arrested for a DWI the court can require you to have one of those blow machines in your car called an Ignition Interlock Device.

We need to figure out if you need one or if there is a way to keep you from needing one and a good attorney can do that for you.

This is one of the reasons why you need an attorney so quickly. Watch this short video:

Learn The Steps To Take After A DWI Arrest. In this interview DWI Attorney Greg Houlton explains the the steps you should take after a DWI arrest.

04/06/2026

CHANCES OF GETTING A DWI DISMISSED

What are the chances of getting a DWI dismissed?
That is a question I get an awful lot.

The answer is, it depends.

The reason I say that is, it really depends on the circumstances under which you get pulled over and what was happening before.

My first piece of advice to anyone who gets pulled over is to be respectful, polite, and answer the questions that the officers are asking you.

Officers are always going to appreciate someone that is polite, respectful, that feels that they feel is being compliant because, as we all know, being a police officer can be a dangerous job and if you are resistant or you are non compliant in anyway it certainly pushes you into in an area where this interaction is not going to go so well for you.

So that is my first piece of advice.

When you get pulled over, just be polite, be respectful and cooperate as much as you can.

I think people’s natural inclination is to be cooperative and just do what the police officer is asking you to do.

I think we are all brought up in that way, if a police officer stops you and asks you some questions you better do what it is that he is asking you to do or else you are going to get in trouble.

To a certain extent that is true, but there is a point when you start to put yourself in a position where you are making it more likely you are going to get arrested or if you end up getting arrested.

Regardless, you are making it more difficult on your defense attorney later down the road to get to a favorable result in your case.

Specifically when it comes to the breath test, if you know you are going to be below the legal limit then blow.

If you get to the point where he is asking you for a breath test then ninety-nine times out of a hundred you are going to be arrested.

So whether you say yes or no, it is not going to change the outcome right then and there.

So if you know that you are going to be arrested, and you typically are at that point, but you have a strong belief that you are going to come in below the legal limit based on the amount of alcohol you have had, then you really should probably go ahead and take the breath test.

Because if you pass it you are probably going to get let go.

It is not always that way but there is a much better chance.

Now I think most people who find themselves in this situation are not going to have that level of confidence.

They are not going to know if they are below the legal limit or not.

Most of us do not know what our limit is or the actual legal limit.

We don’t know how many beers, glasses of wine, or mixed drinks it’s gonna take us to get to .08 and there is a lot of different factors that play into that.

Things like how quickly you drank them, what your body weight is, what you had for dinner and the last time you ate.

So if you are in that gray area, which most people will find themselves, my advice to you is not to provide the breath test because you are giving them a piece of evidence that they can use against you.

Just about every time they are going to be able to use that piece of evidence in court because you are consenting to it.

When you refuse the breath test you put the officer in a position where he is going to have to go seek a warrant from a judge to draw your blood.

They almost always will, but if they do that, that puts a few more hurdles in their way they have to get over.

So for the typical person I am going to recommend that you do not comply and give a breath test because we want to have as many hurdles in the way later on down the line when we are defending your case because it is going to give us more opportunities to try and get favorable results for you. Read More:

What Are The Chances Of Getting A DWI Dismissed? In this interview DWI attorney Aaron White discusses the ways that A DWI can be dismissed.

04/02/2026

This Is Why You Should Refuse The Breathalyzer

Specifically when it comes to the breath test, if you know you are going to be below the legal limit then blow.

If you get to the point where he is asking you for a breath test then ninety-nine times out of a hundred you are going to be arrested.

So whether you say yes or no, it is not going to change the outcome right then and there.

So if you know that you are going to be arrested, and you typically are at that point, but you have a strong belief that you are going to come in below the legal limit based on the amount of alcohol you have had, then you really should probably go ahead and take the breath test.

Because if you pass it you are probably going to get let go.

It is not always that way but there is a much better chance.

Now I think most people who find themselves in this situation are not going to have that level of confidence.

They are not going to know if they are below the legal limit or not.

Most of us do not know what our limit is or the actual legal limit.

We don’t know how many beers, glasses of wine, or mixed drinks it’s gonna take us to get to .08 and there is a lot of different factors that play into that.

Things like how quickly you drank them, what your body weight is, what you had for dinner and the last time you ate.

So if you are in that gray area, which most people will find themselves, my advice to you is not to provide the breath test because you are giving them a piece of evidence that they can use against you.

Just about every time they are going to be able to use that piece of evidence in court because you are consenting to it.

When you refuse the breath test you put the officer in a position where he is going to have to go seek a warrant from a judge to draw your blood.

They almost always will, but if they do that, that puts a few more hurdles in their way they have to get over.

So for the typical person I am going to recommend that you do not comply and give a breath test because we want to have as many hurdles in the way later on down the line when we are defending your case because it is going to give us more opportunities to try and get favorable results for you. Listen to the podcast:

If you get to the point where he is asking you for a breath test then ninety-nine times out of a hundred you are going to be arrested.

03/30/2026

PILOTS ARRESTED FOR DWI: WHAT YOU NEED TO KNOW

What A Pilot Needs To Know If Arrested For DWI or Faced With A Driver's license Suspension Choice
I. Introduction: The Problem for the Pilot in a DWI
The general public has no idea how unfairly pilots are treated by the Federal Aviation Administration (FAA) when they are arrested for DWI. The FAA does not presume the pilot defendant to be innocent, but rather, guilty!

Moreover, the FAA presumes without any backup information, that all breath and blood test results are accurate and reliable. In short, from an FAA enforcement perspective, there is a stacked deck against the pilot.

That being said, what is a pilot to do after being arrested for DWI? Should the pilot submit to a blood or breath test request or refuse it? Regrettably, there are no easy answers to these questions other than pilots should never drink and drive because the costs are just too high.

For the pilot who has been arrested for DWI, the only sage advice to embrace is to get the very best DWI/license suspension/Expunction lawyer you can get.

Importantly, this lawyer needs to both be knowledgeable and experienced in the Federal Aviation Regulations (FARs) so that the DWI pilot defendant can be guided through the FARs minefield.

Knowledge of the 60-day reporting rule, medical certificate expiration times, and Texas Expunction Law are critical to avoiding a suspension/revocation/deferment of a medical certificate.

This should not be the time to pinch pennies because there is so much riding on the outcome of the DWI/ license suspension prosecutions. Of import, because there are two prosecutions, the FAA has two shots at suspending and/or revoking and/or deferring the pilot’s medical certificate.

Unbelievable as it may sound, in most cases, the FAA takes the position that not only will the pilot be presumed guilty, but also, they will be presumed to have an alcohol abuse problem. Watch the full video:

Pilots Arrested For DWI: What A Pilot Needs To Know If Arrested For DWI Or If Faced With A Driver's License Suspension Choice.

03/30/2026

Ways a DWI Charge Can Be Dismissed in Texas

Ways a DWI charge can be dismissed in Texas
There are a few ways a DWI charge can be dismissed in Texas. Here are some possibilities:
Illegal traffic stop: If the police officer didn’t have a valid reason to pull you over, it could be considered an unlawful traffic stop. If a judge agrees with this argument, the DWI charge could be dismissed.

Lack of probable cause: The police must have a reasonable suspicion that you were driving under the influence to make a DWI arrest. If there is no clear evidence or probable cause, a lawyer can argue that the charge should be dismissed.

Issues with field sobriety tests: Field sobriety tests are not always accurate indicators of impairment. If the tests were improperly conducted or there are doubts about their validity, a lawyer can challenge their reliability, which could lead to the dismissal of the charge.

Problems with breathalyzer or blood tests: Breathalyzer or blood tests are commonly used to measure blood alcohol concentration (BAC). However, these tests can be flawed or mishandled. If there are issues with the administration or accuracy of these tests, a lawyer can argue for dismissal of the charge.

Violation of your rights: If your constitutional rights were violated during the arrest or investigation, such as improper search or seizure, a lawyer can challenge the legality of the proceedings. If successful, the DWI charge may be dismissed.

Insufficient evidence: If the prosecutor lacks enough evidence to prove beyond a reasonable doubt that you were driving while intoxicated, a lawyer can argue for the dismissal of the charge due to insufficient evidence. Read More:

There are a few ways a DWI charge can be dismissed in Texas. Here are some possibilities:

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https://www.texasdwilaw.com/

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