Galveston \ League City, TX DWI Attorneys
DUI and DWI Defense: Houston, Galveston and League City, Texas
For many residents of the Houston area, their first (and hopefully only) contact with law enforcement comes in the form of a DWI arrest. Drunk driving is a criminal offense in Texas, so you need to take any such charge seriously. Even a first-time offender faces significant consequences to their life and liberty, which is why you need to work with an experienced Houston DWI defense attorney who understands the Texas criminal justice system.
The Law Offices of Tad Nelson & Associates focuses on DWI defense. Attorney Tad Nelson is a former prosecutor who is intimately familiar with how these cases work. He and his team know that you are likely overwhelmed by your arrest and may not even fully comprehend your constitutional and legal rights. Indeed, we find that in many criminal DWI cases the police or prosecution make mistakes that undermine their case. We will seek to expose such weaknesses and aggressively defend your interests.
What Does It Mean to Be “Intoxicated” in Texas?
Section 49.04 of the Texas Penal Code defines the basic offense of DWI. The prosecution needs to prove that you were “intoxicated while operating a motor vehicle in a public place.” A first-time DWI offense is normally treated as a Class B misdemeanor with a minimum jail term of three days (72 hours). Your driver’s license can also be suspended in a separate administrative proceeding.
You probably know that a person is “intoxicated” if they have a blood-alcohol concentration of at least 0.08 percent, which is the DWI limit in all states. But this is just one standard for legal intoxication. In fact, you can be convicted of DWI if the prosecution can prove–beyond a reasonable doubt–that you did not have the “normal use of mental or physical faculties” due to the use of any alcohol or drug. For example, you may be convicted of DWI even if you just took prescription medication that impaired your ability to safely operate a vehicle.
Dealing With Special Circumstances in Drunk Driving Cases
While a first DWI offense is normally a Class B misdemeanor, second and subsequent offenses are treated more severely and in some cases are felonies. At the Law Offices of Tad Nelson & Associates we can assist you with many types of “enhanced” DWI cases involving issues like the following:
- Commercial Driver DWI (CDL license)
- Driving Under the Influence of Drugs (DUID
- DWI With a Child in Car
- Intoxication Assault
- Intoxication Manslaughter
- Third DWI Offense
- Underage Drinking and Driving (DUI)
What Questions Should I Ask When I Hire a DWI Lawyer in Texas?
Driving while intoxicated charges, or DWI charges, in Texas are extremely serious. To be sure, DWI charges are criminal charges, and depending upon your own record and the circumstances surrounding your arrest, you can face penalties for a misdemeanor or felony offense under Texas law. Accordingly, it is absolutely critical to begin working with an experienced Texas DWI defense attorney on your case as soon as possible so that you can begin strategizing about the best defense plan to beat the charges you are facing. Yet it can be difficult to find the best DWI lawyer for your case and to feel secure knowing that you have a lawyer on your side who has the experience necessary to help you fight these DWI charges.
What questions should you ask a potential DWI lawyer in Texas when you are hiring a defense attorney? The following are some questions you should consider when you meet with an attorney for a consultation.
- How Often Do You Represent Clients in DWI Cases?
It is important to find out how frequently a potential DWI defense lawyer handles DWI cases in Houston and in Texas more generally. Some criminal defense attorneys take almost any kind of criminal case, while others focus on DWI and drunk driving defense strategies. You should ask questions to help understand how much experience a DWI attorney has handling cases like your own.
- How Many DWI Cases Have You Defended?
By asking how many DWI cases an attorney has handled, you can gain a better sense of that lawyer’s particular experience in DWI and drunk driving defense law in Texas.
- What Is Your Record of Getting Acquittals in DWI Cases?
Finding out more about a lawyer’s rate of acquittal is very important, especially in cases that have similar fact patterns to your own. At the same time, it is not possible to win every case and to get an acquittal in every DWI defense, so it is important to be reasonable yet demanding when you hire a lawyer.
- Have You Been Able to Get Charges Reduced If an Acquittal Is Not Possible?
Even when an attorney cannot get an acquittal in a particular case, it may be possible to get the charges reduced. You should ask a potential lawyer about acquittals and reductions in charges.
- How Can I Contact You During My Case?
You should have a good sense of how you can contact your lawyer throughout your case, whether it is by phone, email, text, or another form of communication.
- How Will I Pay You for DWI Defense Services?
You should find out up front how you will pay for your case, the amount the defense is likely to cost, and how payment for the lawyer’s services will work more generally.
We Can Help You Fight Your DWI Charge
Whatever the charge you face, the important thing to remember is that you have a constitutional right to the assistance of qualified legal counsel to prepare your defense. The Law Offices of Tad Nelson & Associates has been helping Harris and Galveston County residents like you fight DWI charges for nearly two decades. Contact us today at (281) 280-0100 if you have been charged with drunk driving and need to speak with an attorney right away.