First-Offense DWI Attorney in Galveston, TX
A Galveston first-offense DWI lawyer fights for your rights and future when you’re facing serious criminal charges that can carry harsh, long-lasting penalties. After a first driving while intoxicated (DWI) arrest, you may be exposed to jail time, license suspension, fines and penalties, and a permanent criminal record.
First DWI cases involve critical legal issues that can affect your case for years to come. An experienced Galveston DWI lawyer must thoroughly review traffic stops, field sobriety tests, and breath or blood evidence. The Law Offices of Tad Nelson & Associates handles first-offense DWI cases with aggressive defense, thorough investigation, and a commitment to protecting your rights from the beginning.
Hire a First-Offense DWI Lawyer
The Law Offices of Tad Nelson & Associates has more than 30 years of criminal defense experience in DWI cases in Galveston County and the surrounding areas. Tad Nelson is a board-certified criminal law specialist with a proven track record of trial and appellate experience, aggressive, results-oriented advocacy, and a hands-on approach.
Supported by Amber Spurlock’s meticulous case preparation and client-first approach, our firm provides first-offense DWI defense with a disciplined strategy, close attention to the facts, and a commitment to protecting clients’ rights and futures.
What Constitutes a First-Offense DWI in Texas?
A first-offense DWI in Texas is set by statute, not by whether a person has a previous criminal history. A DWI charge can be based on chemical testing, officer observations, or a combination of both. The legal definition is important because it is what the prosecutor must prove beyond a reasonable doubt. A first-offense DWI can be alleged under any of the following theories:
- A blood alcohol concentration of 0.08% or more
- Loss of normal mental or physical faculties
- Appearance of being impaired, even without a breath or blood test
- Refusal to submit to chemical testing, which may be used as circumstantial evidence of impairment
Each theory has a different evidentiary requirement, and each has an opportunity to find an error in the state’s case with thorough analysis.
Common Evidence Used in First-Offense DWI Cases
In Galveston, many first-offense DWI cases turn on the evidence obtained during the stop and arrest. Police are frequently in the local roadways and popular areas with heavy foot traffic to watch for DWI drivers. Elements such as traffic, crowds, and weather can impact an officer’s ability to observe and test you accurately.
The stop, investigation, and arrest must be independently reasonable at each stage, with substantial compliance with the legal and procedural elements. Exceptions to those elements can have a bearing on admissibility and the weight of the evidence. Examples of common evidence include:
- The legal reason for the traffic stop on a road such as Seawall Boulevard or Broadway
- The field sobriety tests performed at the roadside or in bad weather
- Breath or blood test administration, maintenance, and chain of custody
- Dash camera or body camera video of the encounter
- Small mistakes that can create weaknesses in what might otherwise be key evidence
Why a First DWI Arrest Still Requires Aggressive Defense?
It is easy to downplay a first-offense DWI. A lack of prior convictions doesn’t guarantee you’ll escape serious consequences for your offense. The consequences of a DWI conviction can include jail exposure, driver’s license suspension, fines, increased insurance rates, and more. These punishments may last long after your case is over and can have long-term implications for your career.
The National Highway Traffic Safety Administration reported that there were over 1,000 alcohol-impaired driving fatalities in Texas in 2024. Approximately 30% of all traffic crash fatalities in the United States involve drunk drivers (blood alcohol concentrations of 0.08 g/dL or higher). Statewide impaired-driving statistics are frequently cited in DWI prosecutions to underscore public safety concerns and enforcement priorities.
A vigorous defense works to protect your rights early and seek out any weaknesses before they become permanent consequences.
FAQs About First-Offense DWI in Galveston, TX
Will a First-Offense DWI Go on My Criminal Record?
Yes, since a first-offense DWI is a criminal offense, it can remain on your record. In Texas, DWI convictions are not automatically sealed or expunged. A DWI on your record could impact your ability to secure employment, professional licenses, or pass background checks in the future. Consider looking into options early in the process. The potential for removing a DWI from your record will be dependent on how the case is resolved.
What Happens to My License After My First DWI Arrest?
A driving while intoxicated arrest can result in an administrative license suspension process that is separate from the criminal process. Texas uses an Administrative License Revocation system that has strict timelines. Failing to meet deadlines in the process can lead to a suspension of your license. The timeline for the administrative process often moves more quickly than the criminal case itself. Prompt legal action can help protect driving privileges.
Can I Be Charged With DWI Without Failing a Breath Test?
Yes, failing a breath test is not required to be charged with DWI. A prosecutor could use the observations of an officer, field sobriety tests, or any other evidence to allege that a person is impaired to the point that they cannot safely operate a vehicle. These cases may be based on the subjective opinions of the officer and can be subject to challenge on a variety of fronts, including a review of any video or the procedures used.
How Soon Should I Contact a Lawyer Following Arrest?
First-offense DWI cases are time sensitive. This is because video footage of the stop or maintenance records for the chemical testing equipment may not be available once the timely window for review has passed. Early intervention is critical to the preservation of evidence and a response to matters related to the driver’s license.
Contact a Galveston First-Offense DWI Lawyer
It takes local experience and quick action when you are facing a first-offense DWI in Galveston. Knowing the ins and outs of the Galveston County Criminal Justice Center and the court system is important when your rights are on the line. Retain an experienced defense team that knows how these cases are prosecuted in Galveston County.
At The Law Offices of Tad Nelson & Associates, we provide courtroom savvy, strategic defenses, and focused representation to aggressively pursue the most optimal possible result. Book a consultation to hire a first-offense DWI lawyer today.