Arrested for DWI in Bacliff, TX? Call Tad Nelson & Associates for a Consultation
Drunk drivers are a danger on Texas roads, and the state aggressively goes after intoxicated motorists. In Texas, a first-time DWI is a misdemeanor offense, but the penalties are serious. In addition to time in jail and a costly fine, defendants will end up with a permanent criminal record which is hard to keep away from public view.
Your DWI lawyer’s role is to provide both legal representation and emotional support during the process. Call The Law Offices of Tad Nelson & Associates today to schedule a consultation with an experienced DWI lawyer. Below, one of our Bacliff DWI lawyers provides an overview of the law and how we help clients.
Defining DWI in Texas
You can find the statute in Texas Penal Code § 49.04. A motorist can face DWI charges if they are caught driving in public while intoxicated. The law further defines “intoxication” to mean:
- A blood alcohol concentration (BAC) of 0.08 or higher if you are 21 or older, or
- Impairment of your normal faculties due to drugs or alcohol.
Most DWI cases involve an arrest after a driver fails the field sobriety tests and then blows a high number on the breathalyzer. However, the state can still convict you if your number is low or even if you refuse a test. As stated above, the state needs to show your normal faculties were impaired by drugs or alcohol.
Note that anyone under 21 cannot have any alcohol in their system under the state’s Zero Tolerance law.
DWI is A Serious Crime
DWI charges are treated very seriously in Texas, regardless of whether it is a first offense. If you refuse to consent to a blood or breath test during a DWI arrest, your license will be immediately suspended. A DWI conviction can lead to increased insurance costs for offenders.
A first-time DWI without any aggravating factors is a Class B misdemeanor. DWI surcharges can cost offenders up to $6,000 over three years, in addition to fines and legal costs.
Some penalties include:
- Jail—A minimum of 3 days in jail, up to 180 days.
- Fines—A maximum $2,000 fine.
- DWI surcharge—You will need to pay $1,000 a year as a surcharge for at least three years.
- License suspension—A conviction can result in a suspension for up to a year.
If a driver is under 17, then they will face a Driving Under the Influence of Alcohol (DUIA) charge, which is a Class C misdemeanor for a first offense. That requires a maximum $500 fine, up to 40 hours of community service, and attendance in an alcohol awareness course. A minor will also have their license suspended for 60-180 days.
You can lose your gun rights if convicted of a DWI in the state of Texas as well.
Enhanced DWI Penalties for Aggravating Factors
Some first-time offenders will face even more time behind bars if their offense was aggravated:
- Open container. If the driver had an open container within their possession, the minimum time in jail is 6 days. For example, an opened bottle of beer or wine could be in your hand, lap, or cupholder.
- BAC over 0.15%. A very drunk motorist will face Class A misdemeanor charges, which means up to a year in jail, a $4,000 fine, a DWI surcharge, and license suspension.
- Child passenger. Endangering a child dramatically increases the penalties. If you had a child under 15 in the car, then you are facing a state jail felony, which can result in a sentence between 6 months and 2 years in state jail, a maximum $10,000 fine, and license suspension.
- Intoxication assault. This is a third-degree felony if anyone suffers a serious injury due to your drunk driving. The sentence is 2-10 years in prison and a maximum $10,000 fine, along with a license suspension (180 days to 2 years).
- Intoxication manslaughter. Texas will charge a driver with a second-degree felony if someone does in an accident. The penalties include 2-20 years in prison and a $10,000 fine, along with a license suspension (180 days to two years).
These are serious charges that deserve an immediate defense. Call our Bacliff DWI lawyer to go over the charges.
Repeat DWI Offenders
Any prior DWI in your criminal history will increase the severity of the offense. It doesn’t matter if these charges were from a different state—they still count—or if they happened 20 years ago. Texas will look deep into your criminal history to see if you have any prior DWI convictions.
- Second DWI. Someone with one prior DWI in their background will face a Class A misdemeanor charge, which means 30 days to 1 year in jail, a $4,000 fine, and a license suspension lasting 180 days to two years.
- Third DWI. This is charged as a third-degree felony in Texas. A defendant faces 2-10 years in prison, a maximum $10,000 fine, and a license suspension for 180 days to two years.
It’s possible to lose your license permanently if the state thinks you have a habitual drug problem. An ‘extreme DWI’ with a BAC of .16 or greater incurs a $2,000 annual surcharge, totaling $6,000 over three years. Someone with multiple DWIs on their history certainly is at risk of never driving again in Texas.
Call us to speak about your case. You need criminal defense lawyers who are well-versed in all the penalties that come with multiple drunk driving convictions.
The Administrative Side of Your Case
Anyone arrested for DWI faces an immediate license suspension, even before they are formally convicted. Simply by virtue of failing a chemical test (or refusing to take one), the state will suspend the defendant’s license. That makes getting to work or school incredibly difficult.
If this is your first DWI arrest, then you will lose your license for 90 days. If you refuse to blow after arrest, then you will also lose your license because of Texas’s implied consent law.
Fortunately, you can challenge the administrative license revocation or suspension—but you must move quickly. You get as little as 15 days to request a hearing, which is your only chance to argue that you should keep your license. During an ALR hearing, the Department of Public Safety must demonstrate that the arresting officer had reasonable suspicion for the stop.
The preliminary ALR hearing is separate from the criminal proceedings but is vital for retaining driving privileges. Call our office. A Bacliff DWI lawyer can show up at your hearing. If the officer doesn’t appear, we might win, and you get to keep your license.
The purpose of the hearing isn’t to establish guilt or innocence but to review whether the police had a legal reason to stop you. The administrative suspension catches many motorists by surprise. Losing a license creates headaches, making it hard to keep a job and earn a living.
That’s why it’s critical to call The Law Offices of Tad Nelson & Associates to speak with an experienced lawyer.
Our DWI Defense Strategy
DWI defense requires effective negotiation and aggressive representation in court. Our legal team has decades of combined experience in DWI law. When we accept a case, we analyze the strength of the evidence against you:
- Validity of the stop or arrest. An officer cannot simply pull you over for no reason. Instead, they need reasonable suspicion or probable cause that criminal activity is afoot. If the officer can’t point to anything, then we can demand a judge dismiss the charges for an unconstitutional stop.
- Strength of the toxicology results. Many DWI cases rest on a breath or blood test. We test the strength of the evidence. For example, the officer handling a breathalyzer might have been new and used the device improperly. Or the police properly label a blood sample, so the chain of custody is fuzzy and there are doubts the sample was even yours. Experienced DWI lawyers are familiar with the chain of custody requirements for blood tests, which can be crucial for defense.
- Witness or video evidence. When there’s no breath or blood test, the state often relies on witness testimony. We review to see if the evidence is as strong as the District Attorney believes. We might introduce other witnesses who testify you had normal control of the vehicle.
What Are Possible DWI Outcomes?
It is important for clients to be honest and upfront with their attorney about all the details of their case. In a private consultation, we can dig deeper into the facts of your case and discuss possible outcomes. Here is an overview:
- Dismissal. We can ask the prosecutor to reconsider their case, especially if we punch holes in their main evidence. A DA might withdraw the charges, or we can ask a judge to dismiss the charges.
- Pre-trial diversion. Many first-time offenders will qualify for diversion. Essentially, you complete probation but without any admission of guilt or conviction. The conditions include monthly meetings, drug or alcohol education courses, community service, and the installation of an ignition interlock device. If you keep your nose clean and fulfill all requirements, a judge will dismiss the charges and you can expunge the arrest.
- Plea deal. We might negotiate a plea with the state. The evidence might be too weak for a conviction, or they simply want to avoid the hassle of trial. We have had success getting DWI reduced to other offenses. We can sometimes get felony DWI reduced to a misdemeanor.
- Acquittal at trial. If we end up in front of a jury, we can present evidence to show reasonable doubt exists that you committed the offense. Some cases go to trial because the defendant is ineligible for diversion and/or the DA will not offer a favorable plea deal.
- Conviction and appeal. If convicted, a defendant has the right to appeal to a higher court. Maybe the judge allowed unfairly prejudicial comments into evidence or made some other error that resulted in an unfair trial.
Let’s talk about your case. We mold our defense strategies to the facts of your case and avoid “one size fits all” solutions.
Why Should You Call Tad Nelson & Associates?
Our firm has expertise in DWI cases that few Bacliff law firms can match. Tad Nelson, our founding attorney, is Board Certified in Criminal Law by the Texas Board of Legal Specialization and is a member of the National College for DUI Defense. Mr. Nelson is one of the few lawyer-scientists working in Texas and relies on his experience and training to analyze the validity of chemical test results.
Our firm has tackled more than 500 jury trials over the past 30 years. While other firms hope to get a plea deal, we are never afraid to defend our clients before a jury where the facts are in our favor. Facing a DWI in Harris County? What about League City?
Our Houston DWI lawyers and League City DWI lawyers are here to help with your case immediately. An experienced Houston DWI attorney is what you need to get the best results possible.
Our Success Stories
We have helped thousands of men and women deal with DWI cases. A sampling of our recent results include:
- Multiple Not-Guilty Verdicts After Trial
- Dismissed DWI Charges
- Plea Deal Reducing a Felony to a Misdemeanor
- DWI Reduced to Obstruction of Highway Charge
Our success has caught the attention of our colleagues in Texas, who have named The Law Offices of Tad Nelson & Associates a top law firm. Mr. Nelson has been rated AV Preeminent™ by Martindale-Hubbell® Lawyer Ratings and Mr recognized as a Super Lawyer, an honor reserved for only 5% of lawyers. Mr. Nelson is also a proud member of the DUI Defense Lawyers Association.
Frequently Asked Questions (FAQ) about Bacliff DWI
Will I Go to Jail for a DWI?
It depends on the offense and other factors, such as your criminal history. You can avoid jail if you participate in Pre-trial diversion or plead to a Class C misdemeanor. Certainly, the odds of spending time behind bars go way up if you have a prior DWI criminal history.
How Can I Get to Work if My License is Suspended?
We can apply for an essential needs license on your behalf. This is a restricted license that lets you travel to work or school and run essential errands. It’s critical not to abuse this license because the state will take it away if you drive for an unauthorized reason.
Can I Get a Plea Deal if I Have a Prior DWI?
Our office has successfully pleaded cases down, even for clients with a prior DWI on their record. District Attorneys have discretion about what plea deals they offer, so it’s critical to work with someone who has handled a high volume of cases in Galveston County.
Will My Boss Find Out About My Arrest?
Possibly. Criminal records are public information in Texas. A boss could discover the arrest and possibly even fire you. This is one of the major reasons to hire an experienced DWI attorney. Certain first-time offenders can seal their records.
What is The Best Result for My Case?
This depends on the facts. Someone with multiple prior DWIs might be lucky to get a plea deal down to a misdemeanor, while other defendants can seek diversion or ask a judge to dismiss the charges. Everything depends on various factors, including the evidence, which you can discuss in a private consultation.
Schedule a Consultation with an Experienced DWI Attorney
DWI defendants often have many questions for criminal defense attorneys. Please get the correct legal answers by calling The Law Offices of Tad Nelson & Associates to speak with a Bacliff DWI lawyer. Our firm has helped shepherd thousands of defendants through the legal system so they can move on with their lives with a minimum of disruption.
A criminal law specialist is available to meet for private, free consultation.