Felony DWI Attorney in League City, TX
The long-term consequences of a felony driving while intoxicated (DWI) charge can be felt for years to come. It’s vital that you understand what can turn a standard Texas DWI charge into a felony. Once you know the distinction, it will be easier to build your case and protect yourself from the legal penalties, which can be severe. The Texas court system may seek the maximum penalty, and you’ll need a League City felony DWI lawyer to help map your next steps.
The legal team at The Law Offices of Tad Nelson & Associates understands how hard it can be to defend yourself in a felony DWI case. People you’ve known for years may start distancing themselves from you, and a League City DWI defense lawyer can help you manage public perception of your case. A League City felony DWI attorney can prepare you by informing you of the state’s felony DWI laws and how they will apply to your situation. Our firm can help.
Potential Defenses Against a Felony DWI
A felony DWI case in League City is generally handled by the Galveston County District Courts, since the local city courts only handle certain misdemeanors. Your case will be heard at the Galveston County Courthouse on 21st Street in Galveston. According to the Texas Department of Public Safety, 2024 saw 85,858 DWI charges reported throughout the entire state. Over 10,000 of those resulted in a conviction. The court knows what to expect. You should, too.
Hiring a felony DWI defense lawyer may be the most important decision you make throughout your entire case. You don’t want to move forward without a defense strategy, or else you risk compromising your entire case and facing conviction.
The state saw 1,053 fatalities from DWI crashes in 2024. At the very least, a good League City criminal defense attorney can give you the knowledge that someone experienced and devoted is working your case. Here are some defenses you may use:
- Illegal stop. Always keep in mind that, no matter what, you are afforded your constitutional rights. This includes Fourth Amendment protection from illegal search and seizure. If the police don’t have reasonable suspicion of a crime when they pull you over, they can’t legally search your car or even test you for intoxication. Any evidence they gather might be suppressed due to a constitutional violation.
- Challenging the tests. It is standard practice for a police officer to request a breathalyzer test to see if your blood alcohol concentration (BAC) is at 0.08% or higher. You may also be asked to perform a field sobriety test to see if your balance and coordination are off. These tests are not infallible and can easily be manipulated, even by accident. Your lawyer can challenge the validity of the test results in multiple ways.
- Medical issues. You should keep in mind that there are many different medical conditions that can make you appear intoxicated or unbalanced. They can even cause a false positive on a breathalyzer test. If you have acid reflux or diabetes, this may be a common occurrence. Other conditions, like certain allergies, fatigue, and more, can cause red eyes, slurred speech, and other intoxication symptoms. Proving a condition can be helpful.
- Chain of custody issues. It is vital to the prosecution’s case that every piece of evidence gathered from the breath or blood test follows the chain of custody as strictly as possible. If any bit of evidence is compromised, contaminated, or goes missing, it can hurt the prosecution’s case significantly. Your lawyer can argue that a chain of custody violation should get that evidence suppressed, which can help you.
- Not driving. If you were stopped by the police when your car was pulled over, and you weren’t actually in the driver’s seat, your lawyer can argue that technically, a DWI did not take place here. You may even be able to argue that you actually did the right thing by not driving while intoxicated and trying to sleep it off.
Felony DWI Conditions in Texas
It doesn’t take much for a DWI to become a felony in Texas. The presence of aggravating factors may be all it takes. A felony DWI conviction comes with much harsher penalties than a standard DWI conviction, including a prison sentence of up to 10 years, a loss of your driver’s license, and a fine of up to $10,000. Being aware of the specific conditions that can result in a felony DWI may help you prepare a stronger defense if it happens to you. Here are those conditions:
- Intoxication assault. It’s fairly common for a DWI to result in serious bodily injury. If your DWI leads to someone getting hurt, such as causing someone to have a car accident or swiping a pedestrian, you will likely face immediate and automatic felony charges. You may want to reach out to a lawyer as soon as you can to start developing your defense.
- Intoxication manslaughter. The primary reason the courts take DWIs so seriously is so nobody gets hurt or killed as a result of someone’s drunken actions. Killing someone by drunk driving is the worst case scenario for a felony DWI. You won’t just face penalties for the DWI, but also for manslaughter. You could end up in prison for a long time.
- Child passenger. If you are pulled over for suspected drunk driving and the police find a minor in the car who is under 15 years old, you will face immediate felony charges, not just for a DWI, but for child endangerment. While those penalties can be a lot to handle, you may face additional consequences from Child Protective Services (CPS). You could end up losing custody or visitation rights entirely.
- Third offense DWI. While your first DWI offense may result in probation and a brief loss of your driver’s license, a second DWI offense could see you face misdemeanor charges. A third DWI offense is a felony, as are any subsequent offenses. If convicted, you could end up spending a decade in prison and paying a substantial fine. Hiring a skilled attorney could give you a chance to avoid such penalties.
FAQs
Why Does a Felony DWI Stay On Your Record Permanently in Texas?
The primary reason a felony DWI conviction stays on your record permanently in Texas is that state law prohibits the expungement of any intoxication offenses. The point of this is so the prior conviction can be used as evidence to enhance penalties if you are later convicted of a similar crime. This conviction will be visible for background checks from employers, landlords, and professional license distributors. You should defend yourself aggressively to avoid that first conviction.
What Defines a Felony DWI in Texas?
Aggravating factors are what define a felony DWI in Texas. A DWI becomes a felony if it involves causing harm to somebody else or putting someone in serious danger. The most common aggravating factors that contribute to felony DWI status include intoxication assault, intoxication manslaughter, having a minor passenger in the car, and having a third DWI conviction. You should contact a lawyer to help you defend against felony DWI charges.
How Far Does Texas Look Back for Prior DWI Offenses?
Texas does not have a look-back period. Any previous DWI conviction, regardless of how long ago it took place, can count toward an enhancement of the penalties for your latest charge. You should do whatever you can to build a substantial defense strategy that can prevent you from getting convicted entirely. Texas makes it easy for all of your past legal mistakes to influence your present, and that can be hard to accept.
Should I Refuse a Breath or Blood Test?
It’s up to you to decide if you want to take a breath or blood test when you are pulled over for a DWI. Just remember that a refusal can have immediate consequences that will probably hurt your case in the long run. A refusal violates the state’s implied consent laws, and you will automatically lose your driver’s license for at least 180 days. Additionally, a refusal will be noted in your case. The police can then get a warrant and draw your blood anyway.
Make Sure You Hire a Felony DWI Lawyer
When you are looking at a conviction that includes prison time, a substantial fine, and the loss of your driver’s license, you will want to hire a felony DWI lawyer to take control of your case, provide you with professional advice, and prevent the prosecution from taking advantage of you during a vulnerable time.
At The Law Offices of Tad Nelson & Associates, we have spent over 35 years developing relationships with our clients and providing them with quality legal help during the most difficult times of their lives. We’ve been honored as Super Lawyers and built up a reputation for quality and excellence in our community. You should be aware that recognition or honors do not guarantee future results, as selection criteria vary among organizations. Contact us to speak with a valued team member about everything we can do for your case.