First Offense DWI Attorney in Friendswood, TX
Getting arrested on a driving while intoxicated charge (DWI) can be scary and confusing, especially if this is your first offense. You might assume that the consequences of a first offense won’t be as significant, which isn’t necessarily true. Depending on the specifics of your case, you may end up facing severe legal penalties if convicted, or sentencing could be lenient. To give yourself a better chance, you should hire a Friendswood first offense DWI lawyer.
The legal team at The Law Offices of Tad Nelson & Associates understands how hard it can be to defend against a first offense DWI claim without the help of a Friendswood DWI defense lawyer. Having someone in your corner who understands the state’s first offense DWI laws can prove to be quite helpful. A Friendswood first offense DWI attorney can often be the difference between success and failure. Our firm can help you defend against the charges being made against you.
Potential Defenses Against DWI Charges
If you are arrested for a first offense DWI in Friendswood, your case would most likely be handled by the Friendswood Municipal Court on Whitaker Drive. If your case cannot be resolved in municipal court or the situation is more serious, your case may be handled by the Galveston County Court of Law instead. Throughout it all, consider hiring a Friendswood criminal defense attorney to handle your case and provide consistent guidance.
It’s important to keep in mind that DWI cases accounted for 22% of all misdemeanor cases filed in Texas in 2024. Additionally, there were 1,053 fatalities in alcohol-related car accidents throughout the state that same year. There are many reasons why the Texas court system takes DWI charges so seriously. Largely, it is to prevent further accidents and fatalities. You’ll need a strong defense if you want to beat the charges. Here are some possible defense strategies:
- Lack of reasonable suspicion. In Texas, the police must have a valid reason to stop and search a vehicle. This is known as reasonable suspicion. The police must have more than just a hunch. In a DWI case, swerving can be viewed as reasonable suspicion. However, if the police cannot prove that they had a reasonable suspicion, any evidence gathered during their search, including your intoxication, may be tossed out.
- Improper calibration. To prove your intoxication, you may be given a breathalyzer test. Texas state law makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. If the breathalyzer brings back a positive result, you will be arrested. However, these tests are not infallible, and many factors can cause a false positive, including an improperly calibrated test, an improperly stored test, or simple user error.
- You weren’t driving. This may seem obvious, but if you weren’t actually driving the car at the time of your arrest, you can’t be charged with a DWI. If you were arrested while the car was stopped on the side of the road, all your lawyer has to do is prove that you weren’t driving. That might be enough to get the charges against you completely dropped.
- Medical condition. There are numerous medical conditions that can cause a false positive in a breath test or cause you to fail a field sobriety test. Conditions like diabetes, acid reflux, or even certain medications can cause erratic behavior that may appear, at first glance, to be intoxication. If you can prove that it was a medical condition or a reaction to a medication, you may avoid a DWI conviction entirely.
FAQs
How Much Does a Lawyer Cost for a DWI in Texas?
There is no telling how much a DWI lawyer might cost in Texas. Every DWI case is different. For a first-offense DWI, you may have a stronger chance of getting probation or community service, as long as you can secure a lawyer who can provide a winning strategy. Some factors that will directly influence your lawyer’s fee include the severity of your offense, any aggravating factors present in your case, and your lawyer’s experience with cases like yours.
Can My First DWI Be Dismissed in Texas?
Yes, it is possible for your first offense DWI to be dismissed in Texas. Many first offenders are treated with leniency by the court, especially if nobody was hurt and there was no significant property damage. However, you should remember that there are never any guarantees. Some judges may try to make an example out of you, so you should still build a sound defense with the help of a DWI defense lawyer.
Is Jail Time Mandatory for a First DWI in Texas?
No, jail time is not mandatory for a first DWI in Texas. It’s common for many first-time DWI offenders to be sentenced to community service or probation instead of jail time. However, if there are aggravating factors present in your case, including the presence of a minor in the vehicle or an elevated BAC level, you may receive a harsher penalty. Regardless, you should contact a lawyer to learn what your options are.
What Are the Odds of Getting a DWI Dismissed in Texas?
Your odds of getting a DWI dismissed in Texas may be better if this is your first offense and there are no aggravating factors in your case. However, you should never base your entire legal strategy around this possibility, since there are never any guarantees. You should rely on solid evidence, identifying procedural errors, and a strong defense strategy from your attorney. A dismissal may be possible if there are rampant procedural errors from the arresting officer.
Hire a First Offense DWI Lawyer Today
If this is your first time facing DWI charges, you should hire a first offense DWI lawyer to help you determine the right course of action for your case. At The Law Offices of Tad Nelson & Associates, we can help you devise a successful defense strategy based on 30 years of experience helping clients with their criminal defense cases. We understand what kind of help you need, and we’re prepared to offer it. Contact us to speak to someone who can help you plan your strategy.