Enhanced DWI Attorney in League City, TX
Driving while intoxicated (DWI) charges can result in significant legal penalties, but certain situations can enhance the charges significantly, leading to worse penalties. In Texas, a DWI becomes enhanced when aggravating factors are present. The courts take DWIs seriously, largely to discourage people from engaging in similar behaviors that could endanger others. To combat the charges, you’ll want to reach out to a League City enhanced DWI lawyer as soon as possible.
At The Law Offices of Tad Nelson & Associates, we can help you prepare for an enhanced DWI case by providing you with an experienced League City DWI defense lawyer. Understanding how the Texas enhanced DWI laws will affect your case is paramount to building a strong defense with a League City enhanced DWI attorney. Having the proper guidance and a chance to defend yourself can give you peace of mind that things are going in the right direction.
Enhanced DWI Criteria in Texas
It’s important that you know where your case is handled. If you are arrested for an enhanced DWI in League City, your case will likely begin in the League City Municipal Court on West Walker Street but will ultimately be prosecuted in a Galveston County District Court due to the felonious nature of the charge. DWIs made up 22% of all the criminal cases in the state in 2024, which exceeded 300,000. Texas prosecutors will be prepared to push back against your defense.
Multiple factors can cause a DWI charge to become enhanced, leading to additional, harsher penalties you may not have prepared to face. Fatalities from alcohol-related car accidents in Texas exceeded 1,000 in 2024, with fatality being one of the more common reasons for a DWI enhancement in the state. Hiring a League City criminal defense attorney can help you prepare your defense and gather the right evidence. Here are some of those factors:
- Injury and death. Arguably, the most common reason for a DWI to become enhanced in Texas is if your actions while intoxicated led to a serious injury or someone’s death. Not only will you be charged with a felony DWI, but you may also face significant penalties for intoxication assault and/or manslaughter, depending on the situation. You will definitely want an experienced defense lawyer’s help if this is an element of your case.
- Prior convictions. The Texas court system does not look kindly on subsequent offenders in DWI cases. The court may be lenient for a first offense DWI, and a second offense can bring misdemeanor charges. A third offense, however, is a felony charge that can result in up to 10 years in prison, a $10,000 fine, and more. If you have prior DWI convictions, you need to contact a lawyer immediately, as beating another one may require a unique and detailed defense strategy.
- Higher blood alcohol concentration (BAC) level. According to Texas state law, if you are pulled over for a suspected DWI, tested with a breathalyzer, and found to have a BAC of 0.08% or higher, you will be arrested for drunk driving. However, if your BAC level is 0.15% or higher, your DWI charge can be elevated to a felony due to the higher level of intoxication. The higher your BAC level, the harsher the penalties may be.
- Minor passenger. If you are pulled over and found to have a minor passenger in the vehicle who is 15 years old or younger, that can enhance your DWI charge significantly and may result in an additional charge of child endangerment to your case. The court will consider the potential danger the child was in, which can hurt your case significantly. Your lawyer can help you determine a course of action, such as a plea bargain.
- Injury of a public servant. If your DWI led to the injury of a public servant, including a law enforcement officer or any emergency personnel, that can enhance your DWI charge. A public servant may be anyone who is elected to a local, state, or federal government office, as well as various employees and agents of the government.
Location of the initial stop. Recent legislation makes it a state jail felony to drive drunk in a school zone in Texas. A state jail felony conviction may come with two years in a state jail and a fine of up to $10,000, as well as the penalties you can face for the enhanced DWI.
Possible Enhanced DWI Defenses
The most important thing you can do for yourself when facing DWI charges of any kind is to hire an experienced defense lawyer and build an impenetrable defense. Without the help of an experienced lawyer, the prosecution may do whatever they can to make an example out of your case and make sure you serve the maximum sentence. You will need to gather evidence, identify procedural errors, and more. Here are some potential defenses against an enhanced DWI:
- Breathalyzer results. While you may think that a breathalyzer test will officially determine your intoxication for the record, it’s not that cut and dry. There are many different factors that can lead to false readings, such as user error, medications, medical conditions, and even the place where the test itself is stored. Your lawyer can go after the competence of the officer who gave you the test, claiming they performed it incorrectly.
- Illegal search. One thing you can always count on when you are arrested is your constitutional rights. You are always afforded the right to remain silent, the right to legal counsel, and most importantly, protection from illegal search and seizure. Law enforcement officers need to go through the legal process before searching you, your home, or your vehicle. If they don’t have reasonable suspicion, the search isn’t legal.
- Field test results. Field sobriety tests are used nationwide to test a suspected drunk driver’s balance and coordination. However, if the officer performing the test has not been properly trained, they may get a result that they don’t understand. They may just assume you’re drunk. Certain factors, including environmental factors, can lead one to fail a field sobriety test even if they aren’t intoxicated. Your lawyer can pursue this.
- Video evidence. In many cases, there may be a video record of the initial traffic stop, either from the police car’s dashcam or the officer’s bodycam. This footage may contradict the officer’s claim that you were intoxicated, and it may show you perfectly capable of normal speech and balance. Your lawyer may be able to secure this footage and use it to exonerate you.
FAQs
What Is the Enhancement of a DWI in Texas?
The enhancement of a DWI charge in Texas occurs when there are aggravating factors present in the case that make it necessary to pursue additional charges. These aggravating factors can take the form of a minor’s presence in the car, a high blood alcohol concentration exceeding 0.15%, any prior DWI convictions, or even having an open alcohol container in the car at the time of the traffic stop. Enhanced DWI charges lead to much harsher penalties.
How Long Does an Enhanced DWI Conviction Stay on Your Record in Texas?
An enhanced DWI conviction stays on your criminal record for life. It cannot be expunged, sealed, or removed from public view in any way. Texas does not have a lookback period. A conviction never leaves your record and can be used to enhance a future charge. This conviction will be visible to future employers and landlords, as well as anyone who checks your background. You should hire a good defense lawyer to avoid a conviction entirely.
What Should I Do After Getting Arrested for a DWI?
The very first thing you need to do after getting arrested for a DWI is to remain silent. Don’t say anything that could further incriminate you. Remember that you never have to speak to the police if you don’t want to, even if they ask you questions. Simply reply that you want your lawyer. When your lawyer arrives, they will do the talking for you. Your lawyer can also help schedule a hearing to possibly get your driver’s license back.
Can You Refuse a Breathalyzer Test in Texas?
Yes, you can refuse a breathalyzer test in Texas, but not without immediate and lasting consequences. Due to the state’s implied consent laws, refusing a breath test results in the automatic suspension of your driver’s license. The refusal can also be used against you in court as evidence of your lack of cooperation. In some cases, the refusal can lead to a forced blood draw at the police station.
Make Sure You Hire an Enhanced DWI Lawyer
The most effective move you can make for yourself in a situation like this is to hire an enhanced DWI lawyer to represent, protect, and defend your interests. They can prevent you from being taken advantage of and guide you through the legal process from start to finish. At The Law Offices of Tad Nelson & Associates, our firm has earned numerous accolades for protecting our clients’ rights, including Super Lawyers. Keep in mind that recognition and accolades are no guarantee of future outcomes, as selection criteria vary by organization. Contact us for help with your case.