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Hitchcock DWI Lawyer

Hitchcock DWI Lawyer

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, our DWI lawyers 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:

  1. 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.
  2. 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 from an Experienced Houston DWI Lawyer

Did you or someone you know get arrested on DWI charges in Hitchcock or elsewhere in Galveston County? Taking immediate action with a Galveston DWI attorney serving Hitchcock 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 Houston DWI lawyer serving the residents of Hitchcock and Galveston county 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 with a Houston DWI lawyer. 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 Galveston DWI attorney serving the citizens of Hitchcock can help you negotiate a favorable plea deal if that makes sense in your specific case. 

What to Look for in a Hitchcock DWI Defense Attorney

DWI charges in Hitchcock are stressful. For many people, a drunk driving charge is their first offense DWI and only encounter with the criminal justice process. You need the right Hitchcock criminal defense attorney in your corner. This raises an important question: How do you find the best drunk driving defense attorney? The answer is that there are a number of different qualities that you should look for in a lawyer. Here is what you should look for in a Hitchcock, TX DWI defense attorney:

  • Experience Handling DWI Charges: You do not want to trust a DWI case to an amateur DWI lawyer in Hitchcock. At The Law Offices of Tad Nelson & Associates, our DWI lawyers have been there before. The complexities of DWI law demand an attorney who has extensive experience. Our Hitchcock, TX DWI defense lawyers have deep experience taking on DWI cases in Galveston County.
  • Knowledge of the Local Criminal Justice System: A deep understanding of the local court system can make a big difference. Our Hitchcock, TX drunk driving defense lawyers are well-acquainted with the local criminal defense justice system in Southeast Texas. We know the judges, prosecutors, and procedural nuances that could impact your case. 
  • Commitment to Your Case and Your Future: Every DWI case involves its own unique set of facts. A one-size-fits-all approach is not good enough. You need a Hitchcock DWI defense attorney willing to commit time and resources into your case. We will go above and beyond to help our clients secure the future.  
  • Open Communication: The DWI attorney-client relationship is most effective when there is open, honest, and proactive communication. You should never be in the dark about what is going on with your case. You need a Hitchcock DWI defense lawyer who you can trust for open communication. 
  • Proven Criminal Trial Expertise: While many DWI cases are settled outside of court, the ability to effectively argue a case in front of a jury and the police officer is a crucial skill for any defense attorney. We have the professional expertise needed to help our clients take their case as far as needed to get the best results. Our firm has proven trial expertise.

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. Houston DWI lawyers Tad A. Nelson and Amber R. Spurlock serve the citizens of Hitchcock and 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. 

We Know How to Get the Best Results for Our Clients

When you are facing a DWI charge in Hitchcock, TX, the gravity of the situation is undeniable. At The Law Offices of Tad Nelson & Associates, our Galveston DWI lawyer serving in Hitchcock knows how to get results for our clients. Our DWI lawyer brings more than three decades of successful criminal defense experience to the table. With profound courtroom acumen, a devotion to integrity, and a passion for personalized attention, we will carefully review your case and help you determine the best course of action. 

With a record of more than 325 criminal trials, our Hitchcock criminal defense attorneys and Houston DWI lawyers are uncompromising in the quest for favorable outcomes for our clients. Our advocacy is propelled by a firm belief in justice and the right to a fair trial—ensuring that we leave no stone unturned in your defense. The experience from our Galveston DWI lawyer serving the citizens of Hitchcock has shown us that the key to successful results lies in preparation, strategic planning, and aggressive representation from our Galveston DWI lawyers when it matters most.

DWI Charges in Hitchcock, Texas: Frequently Asked Questions (FAQs)

Can a DWI Charge in Hitchcock, TX Be Dismissed?

Yes. While it is not guaranteed, a DWI charge in Hitchcock can certainly be dismissed when certain conditions are met. Among other things, a dismissal may be warranted if there is lack of evidence, procedural errors, or serious constitutional rights violations. Our Hitchcock, TX criminal defense lawyers fight hard to help our clients get drunk driving charges dismissed whenever possible.

Will I Go to Jail if Convicted of Drunk Driving in Texas?

It is a risk that you need to be prepared to take on. In Texas, even a first-time DWI conviction can result in jail time. That being said, most people who are arrested for drunk driving in Hitchcock will not be required to serve significant time behind bars. Our Hitchcock, TX DWI defense lawyers are committed to helping our clients minimize the penalties that they face given from the police officer.

How Can I Save My License After a DWI Arrest?

After a DWI arrest in Texas, you have 15 days to request an Administrative License Revocation (ALR) hearing to contest your license suspension. Acting swiftly to request a hearing is crucial. An experienced DWI attorney can represent you at the ALR hearing and take steps to try to retain your driving privileges. In some cases, you may be eligible for a special purpose license that allows you to drive for school, a job, or family. Our Hitchcock, TX DWI lawyer can help you take action to protect your driver’s license after an arrest.

Should I Plead Guilty in a DWI Case?

No—at least not without first speaking to a Texas DWI defense attorney. Although many DWI charges in Hitchcock are resolved through a plea deal, you should never plead guilty to any criminal charge without a lawyer. Your DWI lawyer can provide counsel on the implications of a guilty plea and help negotiate more favorable terms. At The Law Offices of Tad Nelson & Associates, our Hitchcock DWI defense attorneys have extensive experience negotiating plea agreements.

How Does a DWI Conviction Affect My Insurance Costs?

A DWI conviction in Hitchcock, Galveston County, or elsewhere in Texas can significantly affect your car insurance. Indeed, insurance providers may increase premiums or even deem you a high-risk driver, resulting in higher costs for less coverage, especially for a first offense DWI. Some insurers might refuse to renew your policy. Beyond that, Texas requires drivers with a DWI conviction to file a legal document SR-22 form—also referred to as a financial responsibility insurance certificate—which must be maintained for two years from the date of a DWI conviction.

When Should I Hire a Hitchcock Drunk Driving Defense Attorney?

As soon as possible after a DWI arrest. You do not want to fall behind the police officer or prosecutors. Early intervention by a qualified criminal law specialist or defense attorney can be critical in formulating a defense, preserving evidence, and advising on critical decisions, such as how to handle an ALR hearings. Once a drunk driving arrest is made, the police officer and prosecutors waste little time in starting to build their side of the case. Our Hitchcock criminal defense lawyers are proactive. We are always ready to hit the ground running.

Schedule a Confidential Consultation With Our Hitchcock, TX City DWI Defense Lawyer

Our law firm and team of experienced defense attorneys are ready to invest the time and resources to protect your rights. Arrested for intoxicated driving in Hitchcock or anywhere else Texas? Our Galveston DWI lawyers and legal team serving in Hitchcock can help with your DWI case and all of your criminal defense needs. Give our Galveston DWI lawyers a call now at (409) 765-5614 or contact us online for your strictly confidential, no obligation, free consultation. We defend DWI charges in Hitchcock and throughout Galveston County in Texas.