Charged With a DWI in Friendswood? Contact Us Today for a Confidential Consultation
At The Law Offices of Tad Nelson & Associates, our Friendswood DWI defense attorney is standing by, ready to protect your rights and your interests. A drunk driving offense is a serious criminal charge. A conviction could cost your license and even your freedom. It is imperative that you take proactive steps to protect yourself and your rights. Arrested and charged with a drunk driving offense in Friendswood? Contact us today to set up your completely confidential consultation with an experienced Texas criminal defense attorney.
An Overview of the DWI Statute in Texas
Intoxicated driving is illegal in Friendswood. Under Texas Penal Code Sec. 49.01, the operation of a motor vehicle while intoxicated by drugs or alcohol is strictly prohibited. The law serves as the foundation for addressing drunk and drugged driving charges throughout the state, including in Friendswood. For prosecutors to obtain a DWI conviction, they must prove the following:
- The defendant had actual physical control of the vehicle; and
- The defendant was illegally intoxicated at the time of the offense.
The Takeaway: You can be convicted of a DWI in Friendswood if you were in actual physical control of a motor vehicle—even if not actually driving—while impaired by drugs or alcohol. The BAC level for most motorists in Texas is 0.08. However, is it lower from some drivers, such as those who are underage and those who are operating a commercial vehicle.
Our Firm Defends All Types of DWI Charges in Friendswood, TX
Were you arrested for a DWI in Friendswood? Our criminal defense team is more than ready to help with your Texas DWI. The Law Offices of Tad Nelson & Associates is a boutique criminal defense firm with a committed to personalized legal representation. Our Friendswood, TX criminal defense attorneys have the experience needed to take on all types of drunk/drugged driving charges:
- First-time DWIs;
- Second-time DWIs;
- Third-time DWIs;
- Underage DWIs;
- Commercial DWIs;
- Drugged driving;
- Drunk/drugged driving with a child in the vehicle;
- DWI with an accident causing a physical injury;
- DWI with an accident causing a serious bodily injury; and
- DWI with an accident causing a death (manslaughter).
Penalties for a DWI in Texas Defend On Case Specific Factors
If you are facing a DWI charge in Harris County or Galveston County, it is absolutely imperative that you understand the penalties. The punishment associated with a DWI can vary based on a wide range of case-driven factors. For those arrested in Friendswood, a proactive approach is key to limiting your exposure to serious penalties. In Texas, prior offenses play a significant role in determining the severity of DWI penalties. Here is an overview of the law:
- First-Time DWI in Friendswood: A fine of up to $2,000, possible jail time up to 180 days, and a one-year driver’s license suspension.
- Second-Time DWI in Friendswood: A fine of up to $4,000, jail time up to 365 days, and a two-year suspension of your driver’s license.
- Third-Time DWI in Friendswood: A fine of up to $10,000, up to 10 years in state prison, and a two-year driver’s license suspension.
Beyond the history of prior DWI offenses (or lack thereof), the penalties for DWIs can increase if there are aggravating circumstances. For instance, getting in a DWI charge that causes a serious bodily injury to another person could result in you facing a serious felony criminal charge. Do not go it alone: A top-tier Friendswood, TX DWI defense lawyer with experience in the DUI Defense Lawyers Association and criminal law can help.
Defenses Against a DWI Charges in Friendswood
A DWI arrest is an allegation. That you were arrested for a DWI does not mean that you are guilty of a DWI. Every defendant in Friendswood has the right to raise a zealous defense. The right defense strategy can vary based on the specific circumstances of your case. One or more of the following defenses may be the right option for you:
- Challenge the Accuracy of Sobriety Testing: One of the most common defenses in DWI cases is to question the validity of the field sobriety tests. These tests can be inaccurate due to various factors such as poor weather conditions, uneven road surfaces, or even the physical condition of the accused at the time of testing. Additionally, breathalyzer machines must be properly calibrated and properly maintained. Our Friendswood DWI defense lawyer will evaluate (and challenge) sobriety testing.
- Argue No Probable Cause for the Stop: A foundational defense is arguing that the officer did not have probable cause to make the initial traffic stop. Without legitimate reason to stop the vehicle, any evidence gathered during the stop—including breathalyzer results and the officer’s observations—can potentially be suppressed. What happens next? The evidence that the prosecution needs may be thrown out and your DWI charges could be dismissed outright.
- Point Out Issues with Blood Alcohol Concentration (BAC) Timing: The timing of BAC testing is crucial as BAC levels continue to rise even after driving has ceased. If there is a significant delay between the time of driving and the administration of the BAC test, it can be argued that the BAC was below the legal limit while the defendant was actually driving.
- Consider Options for a Plea Agreement: An aggressive defense is not always the right strategy for a DWI case. If the prosecution has strong evidence, the best path forward may be to focus on working towards a plea agreement that protects your rights, potentially including keeping you out of jail and saving your driver’s license. Our Friendswood, TX DWI defense lawyer has extensive experience negotiating plea deals. If one is the right option for your case, we will work towards the best possible terms.
Texas has an Administrative License Suspension Process
A key point to understand about DWI charges in Texas is that you could lose your license at the administrative level based entirely on an arrest. In other words, your license is subject to an immediate suspension (revocation) before you ever have an opportunity to raise your defense in court. It is referred to as an Administrative License Revocation (ALR). Under state law, your license will be subject to a suspension within 15 days if you do not take action. Be proactive: Consult with a top-rated Friendswood, TX DWI defense lawyer right away. Our Houston DWI lawyer from our legal team will take action to protect your right to drive against an Administrative License Revocation.
We are Leaders in DWI Defense in Friendswood
Are you facing a DWI charge in Friendswood? You need an experienced advocate on your side. We have specialized expertise. Our attorneys Tad A. Nelson and Amber R. Spurlock take an aggressive, innovative approach to defense. We put clients first in every case. Our founder, Attorney Nelson is a former prosecutor and a ACS/CHAL Lawyer-Scientist. Our DWI attorney and criminal defense lawyers know how to take on DWI criminal cases. We will invest the time, resources, and attention to the small details to fight for justice. Along with other things, our Friendswood DWI defense attorney is prepared to:
- Hear what you have to say and answer questions about your legal case;
- Investigate the charges, gathering all of the relevant evidence to raise a defense;
- Represent you before police officers and prosecutors; and
- Build a comprehensive strategy to most effectively protect your best interests.
DWI Charges in Friendswood, TX: Frequently Asked Questions (FAQs)
What Should I Do at the Scene of a DWI Arrest?
Being pulled over for a suspected DWI is stressful, frustrating, and even intimidating. It is crucial that you stay calm. Remember, you have important Constitutional rights. Along with other things, you should exercise your right to remain silent. You are not required by law to give any statement to police officers. Any statement that you do make could be used against you in a criminal charge.
Should I Hire a DWI Defense Attorney in Friendswood?
Yes. DWI cases are complex. Even though you have the right to go through the criminal justice process without an attorney, it is highly recommended that you consult with a top-rated Friendswood DWI defense lawyer as soon as possible after an arrest. Be proactive: Your DWI defense lawyer can help you determine the best strategy to protect your rights.
Am I Required to Take a Field Sobriety Test in Texas?
No. Although a local or state police officer may ask you to submit to a field sobriety test at the scene of a DWI stop, you are not required to take on. There is no implied consent law for field sobriety tests. There are serious questions about the reliability of these tests. If you allegedly failed a field sobriety test, a top-tier Friendswood DWI defense lawyer can help you challenge it.
Will I Lose My License If I Am Arrested for a DWI in Friendswood?
Maybe. If you are stopped and arrested for drunk driving in Friendswood, your driver’s license will absolutely be at risk. Indeed, it could potentially be suspended at the administrative level, the criminal level, or both. You have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to contest the immediate suspension. From there, a Friendswood DWI defense lawyer can help you take action to protect your right to drive.
Can I Be Charged with a DWI for Prescription Medication Use?
Yes. Drugged driving is against the law in Texas. Prescription drugs—even if prescribed by a licensed doctor—could still be the basis of a DWI charge. Indeed, you can be arrested and charged with a DWI in Webster if prescription medications impair your ability to drive. The law prohibits operating a vehicle while intoxicated by alcohol, illegal drugs, or even legal medications that affect your driving. Having a valid prescription does not exempt you from DWI laws.
Are DWI Charges Typically Felony Offenses in Texas?
No. Although a DWI charge could potentially be a felony offense in Texas, these are usually misdemeanor cases. Factors like multiple prior DWI convictions, causing serious injury, or having a child passenger can lead to felony charges. Still, even a misdemeanor DWI charge is a very serious matter. It could lead to the loss of your license, jail time, and large fines.
What Is an Ignition Interlock Device—and Will I Need to Get One Put in After a DWI?
Broadly explained, an ignition interlock device is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected. In Texas, state criminal courts may require you to install one after a DWI conviction. They will always always do so for repeat offenses or high blood alcohol levels. If one is required, you are usually responsible for the costs associated with the device.
Should I Enter into a Plea Agreement In My DWI Case?
Maybe. Plea agreements are always highly-case specific. They sometimes make sense—but only if the charges cannot reasonably get dropped outright or resolved in another matter. A plea deal should always be negotiated by an experienced Friendswood, TX DWI lawyer. Your attorney will help you secure the most favorable possible terms.
Will a DWI Conviction Affect My Auto Insurance Rates?
Yes. Indeed, a DWI conviction can significantly impact your auto insurance rates. Insurance companies often view drivers with a DWI as high risk—and as a consequence it can lead to increased premiums or even the outright cancellation of your insurance policy. Even more alarming, the adverse effect on your insurance can last for several years. Whenever possible, it is best to keep a DWI conviction off of your record for insurance purposes.
Schedule Your Confidential Consultation With Our Friendswood, DWI Defense Lawyer Today
At The Law Offices of Tad Nelson & Associates, our Friendswood DWI defense attorneys are committed to providing personalized guidance and support to clients. We are a highly experienced DWI defense firm that has seen the full range of cases before. Facing a drunk driving charge or a drugged driving charge? Contact us now for a free consultation with our criminal law specialist and DWI attorney. Our firm handles DWI charges in Friendswood, Harris County, Galveston County, and communities beyond.