Quality DWI Defense in League City, Texas
DWI is one of the most common crimes in League City. That doesn’t make an arrest for DWI any less shocking for the person in handcuffs. A DWI charge is very serious, criminal law has severe penalties awaiting anyone convicted. Even an arrest for DWI can result in an administrative suspension of your license which will make going on with life very difficult.
If you were picked up for DWI or any alcohol-related driving offense in Galveston County, contact a DWI lawyer now. The Law Offices of Tad Nelson & Associates has defended countless men and women on drunk driving charges. Our attorneys are extremely knowledgeable and will help you with your driving while intoxicated criminal case.
Defining DWI in Texas
DWI in Texas is a serious charge. The Texas Penal Code Section 49.04 is the DWI statute. It states that you are guilty of DWI if you operate a motor vehicle in public while intoxicated. The law also defines intoxicated as having a blood alcohol concentration (BAC) of at least 0.08 or lacking the normal use of your physical or mental faculties. As you can see, you don’t have to blow a certain number on a breathalyzer. If you can’t control a vehicle as you normally would because of alcohol, you are guilty of DWI.
A DWI offense can also stem from drug use, even prescription or over-the-counter medications. If they impair your faculties, you can face criminal charges. When you hire a DWI lawyer they understand criminal defense in Leauge City. Your DWI defense needs to be airtight so you don’t end up with a driver’s license suspension or jail time.
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Aggravated DWI Cases in League City
A DWI in Texas with no injury or accident is probably the standard type of drunk driving case that we handle. But we also have deep experience with certain special or aggravated DWI cases, such as:
- DWI with a Commercial License
- Driving Under the Influence of Drugs (DUID)
- DWI With a Child in Car
- Intoxication Assault
- Intoxication Manslaughter
- Third DWI Offense
- Underage Drinking and Driving (DUI)
These cases present unique challenges. For example, the maximum BAC for those with a commercial driver’s license is much lower (.04). You could face a loss of your CDL and other penalties for as little as one alcoholic drink. Your DWI lawyer will help you understand the potential consequences of driving while intoxicated.
DWI Conviction Penalties in League City
The Lone Star state does not consider DWI to be a minor crime. Instead, you could face time in jail and steep fines, even for first-time offenders.
Generally, first-time offenders can end up with a class B misdemeanor, $2,000 in fines along with other surcharges. You can also face up to 180 days in jail, which can obviously impact your ability to keep your job or continue your education. If you had a high BAC, you are looking at a year in jail.
A second or third DWI also carries increased penalties. Indeed, a third conviction for DWI could result in 10 years in prison as a felon.
Any DWI that endangers a person also calls for higher penalties. For example, you might have had a child under 15 in the vehicle with you. Or you were involved in an accident where someone was hurt or even killed. You can expect Texas to throw the book at you in these cases.
Your DWI Lawyer Can Fight to Keep Your License
Many people are shocked to find out they can lose their driver’s license even for a DWI arrest. You do not have to be convicted for a license suspension. Instead, the arresting officer will take your license and issue a temporary one that’s good for a short period of time. Fortunately, you can request a hearing as part of the Administrative License Revocation (ALR) process.
Our law firm can represent you at the ALR hearing. This is separate from the criminal charges, but vital if you want to keep driving. We need to show your arrest wasn’t valid, perhaps because the officer lacked probable cause to stop you. Get representation as soon as possible to avoid having your license suspended.
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Can You Defend against a DWI?
Yes. Tad Nelson has been Texas board certified for many years and our legal team has learned over the years that the best defense to bring depends on the facts of your case. What worked for your cousin or neighbor’s DWI might not be helpful for you.
We have raised many of the following defenses over the years:
- Lack of reasonable suspicion to stop you. An officer can’t pull you over because he feels like it. If he doesn’t have clear, articulable facts to support the stop, we can often get the case dismissed.
- Defective breathalyzer test. Breathalyzers play a big role in many cases. Of course, an officer needs proper training on how to use one, and this training is sometimes lacking.
- Blood draw errors. For example, your blood sample might be contaminated, or there was a mix-up on the sample tested.
- Reasonable doubt. If you didn’t give a sample, your case might hinge on subjective things like your performance on field sobriety tests. We can often access dashboard footage and analyze whether it shows you were intoxicated.
Hiring the Best Attorney for your League City DWI Case!
Many lawyers are hanging around the courthouse offering their services. How do you know which one to hire?
At Tad Nelson, we recommend that you schedule a free consultation. This meeting is a great time to ask any questions on your mind and express your concerns. The best lawyer lawyer in League City should listen compassionately to your DUI case, but also be honest with you. Some cases are difficult to defend. You want an attorney to be realistic about the criminal charge and penalties you are facing.
You should also hire someone with experience in DWI law. Many lawyers are inexperienced and often think you have no chance to keep your license or even beat the charges. We know better. Although we can’t win every case, we can make the prosecutor work for a conviction. Occasionally, they might make a sweet plea deal to get the case over with. Our goal is always for the best outcome and to handle everything in a timely manner and to pay attention to urgent deadlines.
Your DWI attorney is your advocate but also your counselor. We can describe all the ways a DWI conviction will impact your life, from increased insurance costs to other surcharges. If this is your second or subsequent offense, you need someone to point out how to get your life on track.
You should also hire an attorney who can see a case from all angles. Tad Nelson is a former prosecutor who knows that prosecutors often lack the evidence to get a DWI conviction. He Is not afraid to call the prosecution’s bluff and challenge every piece of evidence the state tries to use. If you need a trial, then he has appeared before many of the judges in League City, Texas.
Texas DWI Lawyers in League City
The days following an arrest are a critical moment in every DWI case. The choices you make can have a big impact on whether you avoid jail, keep your license, and move on successfully with your life. Call our firm today to schedule a free consultation. DWI defense requires experience and intimate knowledge of criminal defense and DWI charges. Your DWI lawyer from Tad Nelson understands DWI defense and will help by building a case to help preserve as many of your rights as possible with a deep understanding of the legal process.
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League City DWI Criminal Law FAQs
How can the state convict me if my blood alcohol concentration was only 0.03?
The law defining DWI does not require that you have a high BAC in order to be convicted. That is only one way to get convicted. Many DWI convictions are obtained based on a driver’s performance on field sobriety tests, like the one-leg stand, and the arresting officer’s impressions of how well you were in control of your vehicle. You might have also had some controlled substances (drug) in your blood, which would also qualify as a DWI if your faculties were impaired.
Can I drive if I lost my license in an administrative license revocation hearing?
Not legally. If you drive, you are committing another crime. Your League City DWI lawyer can help you request an “essential needs” license, which can help you get to work and school. Not everyone receives this license, so schedule a free consultation with Tad Nelson to review whether it is a possibility.
Can I get a plea deal for my DWI case?
In some cases, your DWI attorney might secure a plea deal. There’s little benefit to pleading guilty if the prosecutor isn’t going to reduce the charges. Often, we try to get the charges reduced to reckless driving or another traffic violation which carries only a fine. An experienced League City DWI attorney like Tad Nelson knows when a prosecutor has offered a generous deal based on the facts of your case. In other situations, we might recommend fighting the charges, especially where our defense is strong.
Is there a minimum jail sentence for a League City, Texas DWI?
Yes. There is a mandatory 72 hours in jail for a first-time DWI conviction. If this is your second DWI in five years, then there is a minimum jail sentence of 30 days. DWI penalties only increase if you have additional DWI convictions, including convictions from a different state.
Will I lose my gun rights if I am convicted of DWI?
Yes. In addition to steep fines and time in jail, many of our clients come to our law offices asking about the impact of a conviction on their gun rights. Texas Government Code section 411.172 is the relevant law. It identifies many requirements for obtaining a gun license. If you have a felony conviction, you are ineligible. The law also says that you must have not been charged with a Class A or B misdemeanor. So you will lose the right to carry a gun legally while you are facing DWI charges. Two or more DWI convictions (even misdemeanors) in a 10-year period can make you a “chemically dependent” person under the statute and bar you from obtaining a gun license.
Is my divorce lawyer qualified to represent me in a DWI case?
Any lawyer with a bar license can provide a criminal defense. However, you would benefit from hiring a DWI attorney with sufficient experience in this field. At Tad Nelson, our law office has defended hundreds of people in League City, Texas from DWI charges, including felony DWI. We know this area of criminal law better than most lawyers in Harris County or Galveston County. A seasoned DWI attorney can attack the validity of chemical tests, challenge the constitutionality of your traffic stop, and plant reasonable doubt in a jury’s mind. Our League City DWI lawyers have studied the chemistry behind blood alcohol concentration to a greater degree than other attorneys.
We are also developing expertise in the emerging field of marijuana DWI. As Texas counties begin to decriminalize weed, we anticipate a jump in marijuana DWI cases. Other states have seen the same increase when they make marijuana legal. You need a lawyer who knows how to challenge the state’s evidence that you were driving with a controlled substance in your blood.
Can I afford Tad Nelson’s services?
Yes. Our law firm accepts all major credit cards and can discuss our fee plans in greater detail during a free consultation for your DWI case. You deserve an experienced League City DWI attorney in your corner as you face these serious criminal charges. Our criminal defense lawyers will help you with your DWI charge in Harris County. Don’t become a victim of DWI law, get our DWI lawyers on your side today!