Our DWI Defense Lawyers Defend People Facing Criminal Charges in Hitchcock, TX
At The Law Offices of Tad Nelson & Associates, our Hitchcock DWI defense lawyers are standing by, ready to help you navigate any criminal charge that you are facing. With more than 30 years of courtroom experience, we have handled in excess of 325 jury trials. If you or your family member was arrested for drunk driving or drugged driving in Hitchcock, we are here as a legal resource. Contact us today for a strictly confidential consultation with a top Texas DWI defense attorney.
What to Know About DWI Laws in Texas: Know the Basics
Facing a DWI charge in Hitchcock, Texas? It is absolutely imperative that you have a general understanding of the foundational aspects of our state’s DWI laws. Under Texas Penal Code Sec. 49.01, driving while intoxicated is a Class B misdemeanor criminal offense. Here are two primary elements that prosecutors must prove in a DWI case in Galveston County:
- The Definition of Intoxication: To get a conviction, the prosecution must demonstrate beyond a reasonable doubt that the accused was intoxicated. In Texas, a blood alcohol level of 0.08 or above is considered intoxication. That being said, a BAC of 0.08 is not required in our state. A person could also be convicted of a DWI if they show impairment in regular mental or physical capabilities due to the influence of alcohol or drugs.
- Operation of Motor Vehicle: Of course, it is not unlawful to be intoxicated. In addition to proving intoxication, the state must also establish that the accused was actually driving or in control of a motor vehicle when they were apprehended. Notably, the classification of “motor vehicle” is more broad than many people realize. It includes ATVs and golf carts.
Our Firm Takes On All Types of Impaired Driving Charges in Hitchcock, TX
DWI offenses are generally Class B misdemeanor charges in Texas. However, there are certain circumstances in which different standards could apply. At The Law Offices of Tad Nelson & Associates, our Hitchcock DWI defense attorneys take on all types of intoxicated driving cases. Regardless of the situation that you find yourself in, we are ready to fight for justice. Some notable examples of intoxicated driving charges that we handle in Hitchcock include:
- Underage Drinking and Driving (Underage DUI)
- Commercial Driver DWI (CDL DWI);
- Driving Under the Influence of Drugs (DUID);
- A Third-Time DWI offense;
- DWI With a Child in Car;
- Intoxication Assault (DWI accident causing an injury); and
- Intoxication Manslaughter (DWI accident causing a death).
Your Guide to DWI Penalties in Texas
Did you or someone you know get arrested on DWI charges in Hitchcock or elsewhere in Galveston County? Taking immediate action is imperative. The repercussions of such charges can be severe. You could face serious criminal penalties. As described by the Texas Department of Transportation (TxDOT), the severity of DWI penalties is often determined by a driver’s previous DWI convictions, if they have any on their record. Here is a breakdown of criminal penalties:
- First DWI Conviction: Fines up to $2,000, potential jail time of up to 180 days (with a mandatory 72 hours), and suspension of the driver’s license for as long as a year.
- Second DWI Conviction: Fines can reach $4,000, jail time can range from 30 days to a year, and the driver’s license may be suspended for up to two years.
- Third DWI Conviction: Fines might soar to $10,000, incarceration can last between 2 and 10 years in state prison, and a two-year driver’s license suspension is possible.
It’s worth noting that drivers in Hitchcock convicted of a DWI might also be subject to additional financial implications. Through the Texas Driver Responsibility Program, the state can impose a DWI surcharge. For further details on the potential surcharge, please do not hesitate to contact our Galveston County DWI defense attorney for immediate help.
Key Things to Know About Breathalyzers, Blood Tests, and Field Sobriety Tests in Texas
DWI cases are complicated. It is the legal burden of the prosecution to prove a motorist’s guilt beyond a reasonable doubt. In many cases, a driver may be asked to perform some type of test at the scene of the stop or in the police station after an arrest. Here are key things to know about your rights and duties regarding DWI tests in Texas.
- Chemical Tests (Implied Consent): All motorists in Texas must, by law, give their implied consent to perform a chemical test after a DWI arrest. Notably, this includes both breathalyzer tests and blood tests. Declining these tests can lead to the immediate suspension of your driver’s license—regardless of whether or not you were actually intoxicated. Beyond a license suspension, you could also still face a criminal DWI charge.
- Field Sobriety Tests (No Implied Consent): In contrast, non-chemical DWI tests—field sobriety tests, such as the walk-and-turn and one-leg stand—are a different ballgame. There is no implied consent. Drivers in Texas have the right to decline without the automatic administrative penalties. That is not to say that declining a field sobriety test is full protection against an arrest. Prosecutors could try to use other evidence to support a DWI charge.
Strategies to Defend DWI Charges in Galveston County
Every person facing a criminal charge in Galveston County has the right to defend themselves. An arrest and subsequent criminal charges are the start of the case—not the end of it. At The Law Offices of Tad Nelson & Associates, we provide personalized defense representation in the full range of drunk driving and drugged driving cases. If you are facing a DWI charge in Hitchcock, one or more of the following strategies may be part of your defense:
- Illegal Stop (Lack of Probable Cause): In Hitchcock, state and local law enforcement officers must have a legitimate reason to pull you over, known as “reasonable suspicion.” If the traffic stop leading to your DWI charge lacked a proper basis, the subsequent evidence collected could be rendered inadmissible. As an example, a mere hunch or a general stereotype shouldn’t be the sole reasons for a stop. If your Hitchcock, TX DWI defense lawyer attorney can establish that there was no valid reason for the traffic stop, it would dramatically weaken the prosecution’s case.
- Challenging the Validity of the Breath Test/Blood Test: The accuracy and validity of breath or blood tests in determining blood alcohol concentration (BAC) can be contested. Several factors can compromise their reliability, such as equipment malfunctions, human errors in administering the tests, or possible contamination of samples. In Hitchcock, TX, if you can highlight discrepancies in how tests were conducted or handled, or if there’s doubt about the machinery’s calibration, the results may be dismissed.
- Inadequate Evidence for a Conviction: For a conviction in a criminal DWI case in Texas, the prosecution must convincingly prove that you were indeed intoxicated while driving. Remember, they have the burden of proving the charges beyond a reasonable doubt. It is not your burden. The evidence provided might be circumstantial or weak. Common indicators like slurred speech or an unsteady walk can sometimes be attributed to other factors, such as medical conditions or fatigue.
- Alternative Options (Plea Agreement): The best strategy to defend DWI charges in Hitchcock, TX always depends on the specific circumstances of the case. While an aggressive approach is absolutely warranted in some situations, other cases are better served by looking for all available options to reduce the penalties—potentially including a plea agreement. At The Law Offices of Tad Nelson & Associates, our Hitchcock DWI defense attorney can help you negotiate a favorable plea deal if that makes sense in your specific case.
Why Trust Our Hitchcock, TX Drunk Driving Defense Attorneys
Navigating the aftermath of a DWI arrest in Hitchcock is never easy. It is normal to have a lot of questions about what exactly you need to do to protect your rights, your license, your freedom, and your future. Attorneys Tad A. Nelson and Amber R. Spurlock have extensive experience defending intoxicated driving charges across Galveston County. We have seen the full range of issues in DWI cases. As our firm was founded by a former Texas State Prosecutor, we have a deep understanding of all sides of the justice system. Among other things, our Hitchcock, TX DWI defense lawyers will:
- Hear your story and answer questions about DWI charges;
- Investigate the arrest and the charges, securing the evidence needed to build your case;
- Handle all of the interactions with law enforcement and/or prosecutors; and
- Take aggressive action to protect your rights and help you get the best results.
Schedule a Confidential Consultation With Our Hitchcock, TX City DWI Defense Lawyer
At The Law Offices of Tad Nelson & Associates, our Hitchcock DWI defense attorneys are ready to invest the time and resources to protect your rights. Arrested for intoxicated driving in Texas? We can help. Give us a call now at (409) 765-5614 or contact us online for your strictly confidential, no obligation consultation. We defend DWI charges in Hitchcock and throughout Galveston County.
Contacting us will only take a moment of your day
Tad and Amber are literally top of the game. When I need results, they are the only people I trust. Quality of service, knowledge and professionalism throughout. Don't gamble with a lawyer on any legal issue, you only want to bet on the best!
Thank you Tad Nelson for standing up for me and what is right, Tad Nelson is obviously well known and respected through out the court system as he spoke with authority and precisely to the assistant DA resulting in the dismissal of my case before the case went to trial. Thank you again. if you want it done call Tad Nelson
I hired them a while back for a DWI out in Harris County, they're good and if you need help with any kind of legal matter, give em a call. For a lawyer, Tad has a great personality so working with him should be easier than working with other lawyers.
He is the one lawyer that I can call and put my trust into. We’ve used him a couple of times, once for a family matter and another time for a troubled relative. He’ll help, tell you the truth with no sugar-coating, and will work for his salt. He’s a good guy and when you go to their office, they make you feel at home, like you’re part of the team. Good lawyers and great folks.
I've had the pleasure of working with Tad personally as a technology consultant for him in the past. We've eaten lunch and dinner together. I know that Tad is very dedicated to his clients and cares for them off the clock. He's definitely the lawyer you want on your side.