Your Trusted Houston DWI Lawyer
Facing a DWI charge in Houston is a serious matter. The legal process in Harris County can be complex, and the consequences of a conviction can impact your life for years to come. With the guidance of an experienced Houston DWI attorney like Tad A. Nelson, you’ll have a dedicated advocate who knows how to navigate the local courts and protect your rights.
A Quick Overview of Houston, Texas DWI Laws
In Texas, you’re legally intoxicated if your blood alcohol concentration (BAC) is 0.08% or higher. Driving under the influence of alcohol, drugs, or a combination of both is illegal and considered a crime in Texas. Driving with any amount of alcohol or drugs that impairs your ability is breaking the law. DWI and DUI are called driving offenses under Texas law, with each term referring to different legal classifications. A person who drives under the influence of marijuana or a combination of drugs and alcohol is also committing an illegal act and subject to prosecution. Being under the influence of any substance can endanger the life of the driver and others.
Penalties for a DWI conviction depend on whether it’s your first, second, or third offense and may include:
Fines: Up to $6,000
Jail Time: 3 days to 10 years, with jail time up to five years for certain repeat offenses
License Suspension: 90 days to 2 years
Points: Points from a conviction can remain on a driver’s record for two years
Additional Consequences: Probation, ignition interlock devices, and mandatory education programs
Penalties are more severe if a driver is transporting children while impaired.
Testing, such as breath or blood tests, is used to obtain evidence of intoxication and determine impairment.
What Makes Houston Impaired Driving and DWI Cases Unique?
While Texas DWI laws apply statewide, Harris County has its own enforcement priorities and courtroom dynamics. Houston police are particularly vigilant in high-traffic areas, near entertainment districts, and during holidays or major events, like the Houston Rodeo, strictly enforcing DWI laws. Local prosecutors working hand in hand with the DWI Task Force often take a tough stance on DWI cases, and some judges are known for imposing strict penalties, especially for repeat offenders.
This is why having a Houston DWI lawyer with extensive experience in Harris County courts is crucial. The attorneys and lawyers at our firm are recognized for their reputation, knowledge, and ongoing practice in DWI defense. Tad A. Nelson understands the local legal landscape and knows how to build a strong defense tailored to your case. Our attorneys spend significant time on each client’s case, ensuring personalized attention and strategies that fit the unique subject of your legal matter. We prioritize communication and trust with every client, and our clients benefit from our team’s expertise. Our attorneys are also skilled at negotiating deals with prosecutors, and in some cases, exceptions to standard plea policies can be made based on the specifics of the subject at hand.
What Happens After a DWI Arrest by Law Enforcement Officers in Houston?
If you’re arrested for DWI in Houston, you’ll likely be taken to a Harris County jail or holding facility. Within 48 hours, you’ll appear before a magistrate judge who will set your bond and release conditions. Additionally, your driver’s license may be at risk of suspension unless you request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. After a DWI arrest, the driver takes a chemical or sobriety test, and the results of this testing can significantly impact the outcome of the case and the status of the driver’s license.
Understanding Administrative Hearings
When you’re charged with DWI or DUI in Texas, the legal process doesn’t just play out in the courtroom—there’s also a separate administrative side that can have a significant impact on your ability to drive. Driver’s license hearings are held by the State Office of Administrative Hearings (SOAH) and prosecuted by the Texas Department of Public Safety, and ultimately decide whether your driver’s license is suspended or revoked due to impaired driving. These hearings are triggered by factors like failing or refusing a blood alcohol concentration (BAC) test during a traffic stop.
At the administrative hearing, law enforcement officers may present evidence about your driving, including details of the traffic stop, your BAC results, and any signs of impairment from alcohol or drugs. The hearing officer will review all the evidence and consider your driving history before deciding on your license.
For drivers who hold a commercial driver’s license (CDL), the stakes are even higher. The law holds commercial drivers to stricter standards, and a DWI or DUI can result in the loss of your CDL—sometimes permanently. This can have a profound impact on your career and livelihood, especially in a city as busy as Houston or across the entire state.
The vast majority of DWI and DUI cases are resolved through plea bargaining, where your defense lawyer and the prosecution negotiate to reach an agreement that may reduce charges or penalties. However, some cases do go to trial, where a judge or jury will decide the outcome based on the evidence presented by both sides. Throughout this process, having an experienced attorney is essential to protect your rights and help you navigate the complex procedures involved.
In addition to Houston, many other jurisdictions, like New York, may require convicted drivers to install ignition interlock devices on their vehicles, adding another layer of penalties and monitoring. No matter where you are, the system is designed to protect public safety and hold drivers accountable. Still, it’s also crucial that you have access to the services and support you need to address any issues related to impaired driving.
If you’re facing a DWI or DUI charge, don’t try to handle the administrative hearing or court process alone. A skilled lawyer can help you understand your options, represent your interests, and work toward the best possible outcome for your case.
Why Local Experience Matters
Attorney Tad A. Nelson has decades of experience handling DWI cases in Houston and Harris County. He knows the local courts, understands how prosecutors approach these cases, and crafts defense strategies that resonate with judges and juries. This local expertise can make all the difference in protecting your future.
Act Quickly to Protect Your Driver’s License and Rights
Time is critical in DWI cases. From requesting your ALR hearing to gathering evidence, every day matters. Acting quickly can improve your chances of reducing or dismissing the charges.
Call 281-206-8013 or contact us today for a confidential consultation.
Final Thoughts
A DWI charge in Houston is serious, but you don’t have to face it alone. With a trusted Houston DWI attorney like Tad A. Nelson in your corner, you can defend your rights and move forward with confidence.