Arrested for a DWI in El Lago? Contact Us Today for a Confidential Consultation
At The Law Offices of Tad Nelson & Associates, our El Lago DWI defense attorney has the professional expertise that you can trust. We bring big city experience and small town values to protect the rights and interests of our clients. If you or your loved one was arrested and charged with a drunk driving offense in Harris County, we are here to help. To set up your completely confidential, no obligation case review with a top-rated Harris County DWI defense lawyer at our law firm.
Our Firm Defends All Types of Intoxicated Driving Charges in El Lago, Texas
Facing an impaired driving charges in El Lago? The right Harris County DWI defense lawyer can help to protect you and your legal rights. At The Law Offices of Tad Nelson & Associates, we are always ready to hit the ground running to build your defense. Along with other intoxicated driving charges, our El Lago DWI defense attorneys have the skills, knowledge, and experience to handle:
- First-time DWIs;
- Second-time DWIs;
- Third-time DWIs;
- Underage DWs;
- Commercial DWIs;
- Drugged driving charges;
- DWI with a child in the vehicle;
- Drunk driving causing physical injury;
- Drunk driving causing serious bodily injury; and
- DWI manslaughter.
What to Know About DWI Laws in Texas
Arrested for a DWI in El Lago? Drunk driving offenses fall under state law. The main statute of DWI charges in Harris County is Texas Penal Code Sec. 49.01. Here are the two basic elements that must be established to prove a defendant is guilty of criminal impaired driving in El Lago:
- He or she was in actual physical control of a motor vehicle;
- He or she was unlawfully intoxicated.
The Penalties for Intoxicated Driving in Texas
Being charged with a DWI can be an overwhelming experience. If you have been stopped, arrested, and charged in El Lago, knowing the penalties that may lie ahead is one of the first steps toward managing your situation effectively. In Texas, DWI penalties will depend on your past driving offenses. Here is an overview of the penalties that you could face:
- First-Time DWI: A fine up to $2,000, up to six months in jail, and a one-year license suspension.
- Second-Time DWI: A fine up to $4,000, up to one year jail, and a two-year license suspension.
- Third-Time DWI: A fine up to $10,000, up to ten years in jail, and a two-year license suspension.
Your prior history of DWI offenses (or lack thereof) is not the other factor that can affect your criminal penalties in Texas. If any other aggravating factors are present, an otherwise misdemeanor DWI offense could be enhanced to a felony charge that carries even more serious punishment. When facing a felony DWI, you need an aggressive El Lago, TX criminal defense lawyer with experience in criminal trial law on your side.
Know Your Rights: DWI Testing in Texas
Police officers in El Lago, Harris County, and throughout Texas often use tests to determine whether or not a driver is under the influence of alcohol or drugs. It is crucial that you understand your rights and your responsibilities regarding these tests with our Texas DWI lawyers and criminal defense lawyers for criminal justice. Here are key points to know:
- Chemical: Under Texas law, drivers suspected of DWI are typically required to undergo chemical testing. It measures the alcohol concentration in their blood. The state operates under an “implied consent” law. All drivers in the state—including in El Lago—must submit to a post-arrest DWI breath test or blood test. Failure to do so can lead to an automatic 180 license suspension.
- Field Sobriety: Field sobriety tests (FSTs) are designed to gauge a driver’s physical and cognitive faculties to determine impairment. Common tests include the Horizontal Gaze Nystagmus, where the officer checks the eye’s reflexes, the Walk-and-Turn, and the One-Leg Stand tests. Texas does not have an implied consent law for FSTs. You are within your right to decline to take any field sobriety test without penalty.
Protect Your License: Administrative Suspension Rules in Texas
Arrested and charged with a DWI in El Lago? You need to act right away to protect your right to drive. Your license is in jeopardy. It could be gone before you ever have a chance to have your day in court. In Texas, there is a comprehensive Administrative License Revocation (ALR) program. It triggers an automatic suspension of your driver’s license if you are arrested for DWI based on a failed blood/breath test or a refused blood/breath test. To be clear, it is a civil action that is separate from any criminal proceedings. The suspension period can last anywhere from 90 days to two years. There is a strict deadline of 15 days from your arrest date to request a hearing to dispute the suspension. If you do not act within this period, the suspension takes effect automatically. Protect your right to drive: Consult with our El Lago DWI defense attorney and Houston DWI lawyer right away.
You Have the Right to Defend Yourself Against a DWI
Your right to defend yourself against any criminal charge is foundational to the justice system. You can raise a zealous defense against DWI charges in El Lago. Our team will help you evaluate every strategy for defending your rights, freedom, and future. Common DWI defense strategies include:
- Probable Cause: Did the police have a legitimate reason to pull you over in the first place? In Texas, officers must have reasonable suspicion of a traffic violation or criminal activity to initiate a stop. If it is proven that the stop was unlawful, any evidence gathered—like signs of intoxication or failed tests—may be deemed inadmissible in court.
- Testing Errors: DWI testing is not nearly as reliable as some people would have you believe. A common defense strategy focuses on the accuracy and administration of sobriety tests conducted during the arrest. Field sobriety tests are subjective and can be affected by factors such as fatigue, medical conditions, or uneven road surfaces. Breathalyzer and blood tests require strict protocols. Even a small deviation can compromise the results.
- Negotiating a Plea Deal: Sometimes, the best course of action is to negotiate with the prosecution for a lesser charge or reduced penalties. The agreement might involve pleading guilty to a non-alcohol-related offense or agreeing to attend rehabilitation programs. A plea deal can minimize the impact on your criminal record and help you move forward.
Why Trust the El Lago DWI Lawyers at The Law Offices of Tad Nelson & Associates
We provide proactive, results-focused legal representation to clients facing DWI charges in Harris County. Our founder Tad A. Nelson is a former Assistant District Attorney in Southeast Texas and an ACS/CHAL Forensic Lawyer-Scientist. He has extensive experience handling the full range of DWI charges. Amber R. Spurlock is a former Air Force JAG & Special Assistant United States Attorney. She fights for the rights of clients in Texas. When you reach out to our law office, you will have an opportunity to connect with an El Lago DWI defense attorney who can:
- Hear what you have to say and answer your most pressing legal questions;
- Investigate the drunk driving charges, gathering relevant evidence;
- Handle the questions, correspondence, and negotiations with police and prosecutors; and
- Take your DWI case as far as it needs to go to help you secure the best possible results.
DWI Charges in El Lago: Frequently Asked Questions (FAQs)
Do I Need a DWI Defense Lawyer in El Lago?
Yes. If you were arrested for drunk driving or drugged driving in El Lago, it is imperative that you consult with an experienced attorney. DWI cases are complicated. Your attorney will protect your rights and help you obtain the best possible outcome. They may be able to help mitigate the charges against you or possibly even get them dismissed based on procedural errors or evidentiary issues.
Will I Lose My Driver’s License for a DWI in Texas?
That is a big risk that you need to consider. Indeed, losing your driver’s license is a common consequence of a DWI conviction in Texas. Upon arrest for a DWI in El Lago, you are likely to face a temporary suspension—and a conviction can lead to a longer suspension or revocation depending on your driving history and the specifics of your case. In Texas, you have only 15 days to request a hearing to contest your administrative license suspension.
Should I Take a Plea Deal in My Drunk Driving Case?
Maybe. Some DWI cases are resolved with a plea agreement. Other DWI charges are better handled with an aggressive defense. Deciding whether to take a plea deal in a drunk driving case should be made with careful consideration and with the support of experienced counsel. Plea deals can offer a resolution with potentially lesser penalties than those possible at trial—but they also require you to plead guilty to certain charges. Your El Lago DWI defense lawyer can help you navigate a plea deal.
Speak to Our El Lago, TX DWI Defense Attorney Today
At The Law Offices of Tad Nelson & Associates, our El Lago, TX drunk driving defense attorney fights aggressively for justice for our clients. With more than 30 years of courtroom experience, our team has handled more than 500 jury trials. No matter your situation, our criminal law and DWI law team is here to help you get the best outcome. Contact us right away today for a completely confidential, free consultation. We defend DWI charges in El Lago, Harris County, Houston, TX, and throughout all of Southeast Texas.