Arrested for Impaired Driving in La Porta? Contact Our Experienced Houston DWI Lawyer Today
At The Law Offices of Tad Nelson & Associates, our experienced DWI lawyers provide proactive, solutions-focused advocacy to clients throughout Harris County. A DWI conviction can carry very serious criminal penalties in Texas—it could cost you your clean record, your driver’s license, and even your freedom. As dedicated criminal defense attorneys, we understand what’s at stake. Facing a DWI arrest in the Houston area? Our experienced Houston DWI lawyer can help. Contact us today to schedule a confidential consultation.
What You Should Know About Texas DWI Cases
DWI charges are serious state-level criminal offenses. Texas Penal Code Sec. 49.01 is the key statute for drunk driving and drugged driving charges in La Porte and throughout Harris County. Here are the two central elements that prosecutors must prove in DWI cases:
- Actual Control: A person can only be convicted of a DWI offense if he or she was in actual physical control of a motor vehicle on a public road in Texas. Notably, our state defines the term “motor vehicle” in a relatively broad manner. It includes things other than automobiles.
- Intoxication: To be convicted of a DWI, a person must have also been unlawfully intoxicated while in actual physical control of a motor vehicle. In Texas, the maximum legal limit for most motorists is a blood alcohol concentration (BAC) of 0.08 or higher.
We Defend All DWI Charges in La Porte, TX
The Law Offices of Tad Nelson & Associates is a boutique criminal defense law firm with specialized skills, experience, and expertise in DWI cases. We are proud to serve communities in Harris County and throughout the surrounding region in Southeast Texas, including right here in La Porte. No matter the specific circumstances you find yourself facing, our team is here as a resource. Our La Porte, TX DWI defense lawyer handle all types of impaired driving cases, including:
- First-Time DWI Offenses: Most DWI charges are first-time offenses. These are misdemeanors in Texas—but they can still carry jail time. Indeed, the charge is a Class B misdemeanor that carries possible penalties of up to 180 days in jail, a $2,000 fine, and a driver’s license suspension. We defend first-time DWIs in La Porte.
- Second-Time DWI Offenses: A second DWI offense in Texas is usually a Class A misdemeanor, reflecting increased severity compared to a first offense. Penalties can include up to one year in jail, fines up to $4,000, and an extended driver’s license suspension. Prosecutors in Harris County often seek harsher penalties in second-time DWI cases.
- Third-time DWI Offenses: A third DWI conviction in Texas becomes a third-degree felony. Offenders may face two to ten years in prison, up to a $10,000 fine, and a long-term loss of your driver’s license. Facing a felony DWI charge in Texas? Contact our La Porte, TX DWI defense attorney for immediate help.
- Underage DWI Offense (Under 21): Texas has a zero-tolerance policy for drivers under 21. Any detectable amount of alcohol can result in DWI charges. Penalties may include fines, community service, mandatory alcohol education, and a driver’s license suspension. Facing an underage DWI charge? Contact our La Porte DWI defense lawyer for immediate help.
- Commercial Driver DWI Offenses: Commercial drivers in Texas are held to stricter standards, with a BAC limit of 0.04 percent. A DWI charge can lead to commercial driver’s license suspension, fines, and possible jail time. The heightened standards exist to ensure the safety of the public. A commercial driver could lose their CDL for a DWI charge.
- Drugged Driving Charges: In Texas, driving under the influence of drugs—whether illegal, prescription, or over-the-counter—can result in DWI charges similar to those for alcohol. These can be complex cases. We defend all types of drugged driving charges in La Porte. Contact us today for a confidential, no obligation initial consultation.
- DWI Causing Injury: A DWI can be charged as a more serious offense if an accident happens. Even a first-time DWI may be a felony. If a DWI results in injury to another person, the charge can be elevated to intoxication assault. Contact our La Porte DWI defense lawyer right away after an accident causing a serious injury.
- DWI Causing Serious Bodily Injury: When a DWI leads to serious bodily harm—such as disfigurement or a long-term health impairment—the driver faces even harsher felony charges. Prosecutors in Harris County often seek a significant prison term in these cases. Contact our La Porte felony DWI defense lawyer right away after an arrest.
- DWI Causing Death (Manslaughter): A DWI resulting in death can lead to intoxication manslaughter charges, a second-degree felony in Texas. Convictions may involve two to twenty years in prison, substantial fines, and a permanent criminal record. Facing a felony DWI manslaughter charge in La Porte? Contact us today.
Your Guide to DWI Penalties in La Porte
You may be wondering: What are the possible criminal penalties that I will face for a DWI in La Porte? Under Texas law, DWI penalties vary based on a number of different case-driven factors. The most important factor being the driver history of prior DWI offenses (or lack thereof). Here is an overview of the baseline criminal penalties for a DWI conviction in La Porte:
- First-Time DWI in La Porte: A maximum fine of $2,000, maximum jail time of up to 180 days, and maximum one-year driver’s license suspension.
- Second-Time DWI in La Porte: A maximum fine of $4,000, maximum jail time of up to 365 days, and maximum two-year driver’s license suspension
- Third-Time DWI in La Porte: A maximum fine of $10,000, maximum jail time of up ten years in state prison days, and maximum two-year driver’s license suspension
Texas Can Suspend Your License at the Administrative Level (DWI Charges)
A DWI arrest in La Porte puts your Texas driver’s license at risk. A key point to understand about the Texas DWI laws is that your license is in immediate jeopardy from the moment of a DWI arrest. The state has a comprehensive administrative suspension process. If you have been arrested for driving in La Porte, it is critical to understand that the state can suspend your driver’s license based on administrative regulations—and those are separate from any criminal penalties. Shortly after your arrest, the Texas Department of Public Safety (DPS) will begin the Administrative License Revocation (ALR) process. You only have 15 days to request a hearing to challenge this suspension. Without timely action, your license could be suspended even before your case goes to trial. Do not wait to take action: Consult with a La Porte, TX DWI defense lawyer right away.
An Overview of DWI Defenses
A DWI charge is an allegation raised by police and prosecutors. The reality is that there are innocent people who get arrested and charged for crimes in Harris County, including in intoxicated driving cases. Our La Porte, TX DWI defense lawyers help clients evaluate every available option for protecting their rights and their interests. Some of the most common DWI defenses include:
- Asserting a Lack of Evidence: If there is not enough evidence to convict you of a DWI offense, that case should be dismissed from court. Remember, the prosecution in Harris County must prove beyond a reasonable doubt that the defendant was legally intoxicated while operating a vehicle. If vital pieces of evidence—such as reliable chemical tests or credible witness testimonies—are missing or insufficient, you may be able to successfully defend the charges.
- Challenge the Legality of the Stop: Your Fourth Amendment rights matter. If the officer had no reasonable suspicion or probable cause to pull the vehicle over, any evidence obtained afterward can be deemed inadmissible.By successfully challenging the legality of the stop, you can weaken the prosecution’s entire case.
- Prove the Unreliable of Breath/Blood Test Results: Many DWI cases are built, at least in part, on breath test results and/or blood test results. Various factors—ranging from improper calibration of the testing machines to contamination of samples—can render these results inaccurate. Our La Porte, TX DWI defense lawyer will review every aspect of your case—including any chemical test results.
- Negotiate a Plea Agreement: When the evidence against a defendant is strong, pursuing a plea agreement can offer a more favorable outcome than risking a full trial. Our La Porte, TX DWI defense lawyers are prepared to review your case and help you assess or work towards a plea agreement to reduce the charges or the penalties.
Why Choose Our Houston DWI Attorney for Your Legal Representation
We know that good people can find themselves facing challenging legal situations. Our criminal defense attorneys fight aggressively for justice and the best outcome in Texas DWI cases. A former assistant district attorney (ADA) in Southeast Texas and member of the DUI Defense Lawyers Association, Attorney Nelson has the specialized expertise you can trust when it matters most. We are proactive and solutions-focused. Our experienced Houston DWI lawyer is ready to:
- Provide a comprehensive case evaluation to hear your story and answer your questions
- Thoroughly investigate your DWI arrest—gathering evidence and information
- Help you evaluate every option for defending against DWI charges
- Develop a personalized strategy to protect your rights, freedom, and future
DWI Charges in La Porte: Frequently Asked Questions (FAQs)
Should I Speak to Police at the Scene of a DWI Arrest?
You should comply with the lawful demands of law enforcement officers. However, you should not answer any questions from the police. You have a right to remain silent. Anything you say can be used against you in court. That you opted to decline to answer questions cannot be used against you in court. It is in your best interest to stay silent and request to speak to a La Porte DWI lawyer.
Am I Required to Take a Field Sobriety Test in Texas?
No. There are serious questions about the accuracy and reliability of field sobriety tests. You have no obligation under Texas state law to submit to a field sobriety test. These tests are voluntary. Refusing to take them is lawful. There is no automatic penalty. However, refusal may still end up with a DWI arrest based on other evidence of intoxication observed by the officer.
How Does the Implied Consent Law for Breath Tests Work in Texas?
Unlike field sobriety tests—which are fully voluntary—chemical tests in Texas are subject to an implied consent law. If you drive on Texas roads, you have given implied consent to chemical tests of breath or blood if arrested for DWI. Refusing a breath test can lead to automatic suspension of your driver’s license for 180 days for a first offense. Further, you could still face a criminal DWI charge based on other evidence—such as the observations of the responding officer.
Is a First-Time DWI Charge Likely to Carry Jail Time?
Yes. Even a first-time DWI charge can absolutely carry the risk of jail time in Texas. It is a serious matter. You need a La Porte, TX DWI defense lawyer if you were arrested. Your freedom is at stake. With that being said, there is good news: Many people are able to avoid jail time for first-time DWI charges. For example, probation is also a common sentence for first-time offenders. Further, a DWI defense lawyer may even be able to help you get the charges dismissed outright.
Contact Our La Porte & Houston DWI Defense Lawyer Today
At The Law Offices of Tad Nelson & Associates, our experienced DWI lawyer is skilled, dedicated, and committed to fighting for justice. If you or your loved one is facing a DWI arrest, we provide the strong legal representation you need. Contact us today to schedule a confidential and free consultation. We defend DWI charges throughout Harris County, Houston, La Porte, and all of Southeast Texas.