Enhanced DWI Attorney in Friendswood, TX
It can be overwhelming and frustrating to face driving while intoxicated (DWI) charges of any kind, but enhanced DWI often results in catastrophic consequences. In Texas, a DWI becomes enhanced when certain aggravating factors are present. If that happens, you need to develop a strong defense as soon as possible, and you can’t do that without enlisting the help of an experienced Friendswood enhanced DWI lawyer. They can help you figure out your next steps.
The legal team at The Law Offices of Tad Nelson & Associates understands how public perception and state law can affect your enhanced DWI case. It doesn’t take much to be convicted in the court of public opinion, especially if you have not yet contacted a Friendswood DWI defense lawyer for help. You’ll want a Friendswood enhanced DWI attorney who can help you better understand the state’s enhanced DWI laws and provide consistent guidance.
What Makes a DWI Enhanced in Texas?
If you are arrested for an enhanced DWI in Friendswood, your case will most likely be handled by the Galveston County Court instead of the Friendswood Municipal Court, and you will need a Friendswood criminal defense attorney’s help.
Since Friendswood spans both Galveston and Harris counties, the exact court will depend largely on the location of your arrest. Recent statistical data from the Texas Department of Transportation (TxDOT) showed that there were over 1,000 fatalities from alcohol-related crashes in the state.
Many specific factors can turn a standard DWI, even a first offense, into an enhanced DWI. If that happens, the penalties you could face will be significantly harsher. Recent data from the Texas Judicial Branch shows that DWIs made up over 20% of the entire state’s criminal cases in 2024 alone, so expect the courts to take your case very seriously.
Here are some of the specific scenarios that will result in an enhanced DWI charge:
- Prior convictions. In many cases, the court may be somewhat lenient for a first offense DWI charge. However, subsequent charges may demonstrate a pattern of concerning behavior to the court. A second offense DWI is a Class A misdemeanor, but a third offense is a felony and can result in up to 10 years in prison. If you have prior DWI convictions, you need to contact an experienced DWI lawyer for help immediately.
- Unusually high blood alcohol concentration (BAC) level. According to state law, if you are pulled over by police on suspicion of drunk driving and are found to have a BAC of 0.08% or higher, you will be arrested for drunk driving and charged. If your BAC level exceeds 0.15%, your charge may automatically be enhanced to a misdemeanor or a felony, depending on the situation and any prior convictions.
- Child passenger. Regardless of whether or not you have any prior convictions, your DWI will be raised to a felony charge immediately if you have a minor passenger in the car who is under 15 years old. The court will have to take into consideration the endangerment of a child, which can seriously hurt your case. Still, reach out to a lawyer and see what your options might be for a plea bargain.
- Location. If you are pulled over and arrested for drunk driving in certain locations, such as a school zone, you may automatically face state jail felony charges. If you are convicted of a state jail felony, you can face up to two years in a state jail and a fine of up to $10,000.
- Serious injury and death. Unfortunately, the most common reason that a DWI may become enhanced in Texas is when it causes someone to be severely injured or gets somebody killed. If someone is hurt or killed as a result of your DWI, you can end up facing additional charges of intoxication assault or vehicular manslaughter.
- Public servant injury. If a public servant is injured as a result of your DWI, you can face enhanced felony charges. In Texas, any person elected to office or employed as an officer, employee, or agent of the government is considered a public servant, including law enforcement officers and emergency personnel.
Defenses Against Enhanced DWI Charges
If you are facing a potential conviction from an enhanced DWI charge, you need to put together a viable defense strategy as soon as possible. It’s understandable to feel confused about what to do next when you are arrested, which is why the help of a lawyer is so important. A good lawyer can review your case, develop a defense, gather evidence that supports that defense, and give you the opportunity to stand up for yourself.
Here are some possible defense strategies you may use:
- Challenging the initial stop. If the police lacked reasonable suspicion to pull you over in the first place, any evidence that was gathered during the initial traffic stop may be suppressed, including the breathalyzer or field sobriety test results. Police need to have probable cause that a crime is being committed in order to pull you over, such as swerving or speeding. If they don’t, they can’t legally pull you over.
- Challenging the breathalyzer. It’s important to remember that a breathalyzer test can be tampered with, stored incorrectly, read incorrectly, or administered incorrectly. Sometimes, a simple user error from a cop who wasn’t trained properly can result in a false positive that can get you arrested. Additionally, some medications or medical conditions can mess with a breathalyzer test. Your lawyer can challenge the results.
- Challenging field test results. There are several variations of the field sobriety test that may be used to test your balance, coordination, and ability to multitask. If they are not administered correctly, the results can look like intoxication even if you’re not drunk. Physical limitations, nerves, and environmental factors can also cause one to fail a field sobriety test. Your lawyer can pursue this angle as well.
- Not behind the wheel. If the police pulled up behind you while the vehicle was stopped, you technically were not driving while intoxicated. They may arrest you anyway on DWI charges. Once you contact a lawyer and claim you weren’t driving, you need to be able to prove it. If you can, that might be enough to get your charges dismissed.
FAQs
Is Jail Time Mandatory for an Enhanced DWI in Texas?
Yes, jail time is mandatory for an enhanced DWI in Texas. A DWI only becomes enhanced in Texas if there are aggravating factors present in your case. Aggravating factors turn a DWI into a felony, and that comes with mandatory jail time. A second offense DWI requires up to a month in jail, while a third or subsequent offense requires two to 10 years in prison. Even if you receive probation, you may have to serve some jail time regardless.
What Are the Odds of Getting an Enhanced DWI Dismissed in Texas?
The odds of getting an enhanced DWI dismissed in Texas are difficult, but they aren’t impossible. Even if you have a skilled DWI attorney who can challenge police procedures, question the validity of the field tests, or challenge the prosecution’s evidence against you, you need to be prepared for the very real possibility that a dismissal isn’t possible. Success depends on being able to suppress evidence, among other possibilities.
Can a Lawyer Get an Enhanced DWI Dropped in Texas?
While it may be difficult or even impossible to get an enhanced DWI charge dropped in Texas, a skilled DWI lawyer may be able to get the charge dismissed. The way they accomplish this is by challenging the legality of the traffic stop, claiming constitutional violations in your arrest, calling into question the accuracy of the breathalyzer results, and pointing out any procedural errors present in the prosecution’s case. It may be possible.
Should I Hire a Defense Lawyer for an Enhanced DWI Charge?
Yes, you should always hire a defense lawyer when you are looking at an enhanced DWI charge. The factors that make a DWI enhanced in Texas can be devastating to your case, such as having a minor in the car or causing someone serious injury. The court may be looking to make an example out of you, so you’ll need quality legal support to make sure you have a chance to defend yourself or at least negotiate a plea deal.
Be Sure to Hire an Enhanced DWI Lawyer Soon
The legal consequences of an enhanced DWI conviction can be enough to cause irreparable harm to your reputation, your career, and your personal life. You need to hire an enhanced DWI lawyer who can take control of your case, gather evidence that supports your claim, and provide you with a sound defense strategy.
At The Law Offices of Tad Nelson & Associates, we can bring 30 years of experience and numerous accolades to your case, giving you guidance and support.
At our firm, we know what kind of help you need. The biggest mistake you can make for your case is deciding not to retain legal help. You may not last long against a seasoned prosecutor looking to make you face the maximum penalty. Contact us to speak to a valued team member who can help you have a chance.