Wrongly Accused of DWI? What to Do

If you’re one of the many individuals who felt they were wrongfully arrested for DWI, know that you’re not alone. There are legal options available for you.

A sense of injustice can be heavy to bear, especially when it comes to accusations of drunk driving. The law provides avenues for redress in these situations. Depending on the facts of the case, we could get the matter behind you in your favor.

During our experience as Houston DWI lawyers, we helped hundreds of Houstonians to get their cases dismissed or favorably resolved using other legal mechanisms.

If you find yourself wrongly accused of Driving While Intoxicated (DWI), fear not. We’re here to help you weather the storm. To contact Attorneys Tad Nelson & Amber Spurlock, call us at 281-280-0100.

Let’s review a few things to remember should you be suspected of Driving While Intoxicated or, even worse, arrested.

Don’t Panic

It’s Not Over ‘Til It’s Over

First and foremost, remember that an accusation is just that—an accusation. It’s not a conviction. The cornerstone of our justice system, rooted in the Constitution of the United States, is the principle of “innocent until proven guilty.” Remember that, despite how you might feel, you were not convicted – just accused & arrested.

Lean On Legal Know-How

DWI Laws in Texas

Under Section 49.04 of the Texas Penal Code, it’s illegal to operate a motor vehicle in public while intoxicated, defined as a Blood Alcohol Concentration (BAC) of 0.08% or more. Or, if you’re impaired by drugs, regardless of your BAC.

If you’re facing a DWI accusation in Texas, you’ll need a good lawyer with a working understanding of the law to have a fighting chance of winning.

There are potential defenses for people with Texas DWI charges. These defense strategies may involve questioning the legality of the traffic stop and the accuracy of the BAC tests. Sometimes we can even challenge on the grounds that proper sobriety testing procedures were not followed by law enforcement.

Your Right To Remain Silent

Exercise It

Many of our clients didn’t take full advantage of their right to remain silent. This is a very important right that’s protected under the Fifth Amendment. This right is critical in DWI cases. Anything you say can and likely will, be used against you in court.

If police are asking you questions or trying to get you to talk, politely but firmly inform the officer that you choose to remain silent. They’ll say things to try to elicit a response from you.

Be reasonable with the officers. Other than polite cordialities, it’s always best to keep quiet.

Your Day in Court

Preparing Your Defense

A DWI charge in Texas can feel like the start of an uphill battle. But the key to reaching the summit is a carefully crafted defense strategy. Challenging the legality of the traffic stop or the accuracy of the BAC tests may provide avenues for defense. We can also question whether the procedures were correctly followed by law enforcement during the arrest and testing process.

For instance, a traffic stop must be based on “reasonable suspicion” under the Fourth Amendment. If law enforcement didn’t have a valid reason for the stop, any evidence obtained may be suppressed.

Similarly, DWI testing methods aren’t foolproof. Breathalyzers need regular calibration and maintenance, and human error can compromise test results. Blood tests, while generally more reliable, aren’t immune from error either.

At the Law Office of Tad Nelson & Associates, we understand the science behind DWI testing and the strategies to challenge their results.

Falsely Charged with DWI?

Call Houston DWI Attorneys Tad Nelson & Amber Spurlock

Facing a DWI accusation, especially a wrongful one, isn’t something you have to figure out on your own. And you won’t have to with Attorneys Tad Nelson and Amber Spurlock in your corner.

Our law firm has a wealth of experience beat the DA’s office on DWI cases. This experience includes Tad’s tenure as former Asst. District Attorney from 1991-1995, in addition to his Board Certification® in Criminal Law from the Texas Board of Legal Specialization. Both attorneys are ACS/CHAL Lawyer-Scientists. We have extensive experience fighting DWI charges in Houston.

Our commitment to justice has earned us numerous 5-star reviews and a spotless record with the State Bar of Texas. With free initial consultations, flexible payment options, and affordable legal fees, we’re more than just your DWI lawyers; we’re your steadfast allies in the face of criminal charges.

Remember, an accusation isn’t a conviction. You have the right to defend yourself. With the right information and legal team, you can do so effectively. If you have any questions or would like to schedule an in-person consultation, call us.

Call us anytime at 281-280-0100.