Pasadena, TX DWI Lawyer Attorney

Speak with a Pasadena DWI Attorney in a Private Consultation

Driving while under the influence of drugs or alcohol is a serious offense in Texas. The state has prioritized eliminating drunk driving accidents, so motorists can expect a prominent police presence during the holidays and other times when traffic is heavy.

If you are arrested for DWI, you will face some immediate and inconvenient penalties. Many motorists are worried about losing their license, ending up behind bars, and suffering a loss of reputation. All are possible outcomes of a DWI arrest. Please call The Law Offices of Tad Nelson & Associates today to speak with a Pasadena DWI lawyer. We can defend you from these charges and fight to keep your license.

How Texas Defines DWI

Before talking about possible defenses, it’s helpful to first understand the basics of a DWI charge. The prosecution will need to prove you were operating a motor vehicle in public while intoxicated.

You are “intoxicated” under the law if:

• You are an adult and have a blood alcohol concentration (BAC) of 0.08% or higher; or
• You lacked normal use of your faculties due to drugs or alcohol.

You do not have to blow any specific number to face a DWI charge under Section 49.04 of the Texas Penal Code. However, a high breathalyzer number is often the main way the state gets convictions.

Texas has no tolerance for any alcohol if the driver is under age 21. Instead, under the state’s Zero Tolerance law, a minor can face charges if they have any detectable alcohol or drugs in their system.

Penalties for a First-Time DWI

What are you facing for a first-time DWI offense? There are two parts to a DWI in Texas:

• Administrative license suspension. For being arrested for DWI, the state will suspend your license automatically for 90 days for a first offense or 1 year if you have a prior suspension or conviction. The administrative license suspension takes place regardless of whether you are convicted of DWI later. Helpfully, motorists can request an administrative hearing to contest the suspension. Our Pasadena DWI defense lawyer can swing into action to protect your rights at this hearing.
• Criminal penalties. A first-time offense is a Class B misdemeanor, with 3- 180 days in a jail, along with a $2,000 criminal fine. You will also pay a DWI surcharge for three years, which is typically $1,000 a year for a first-time offender. Defendants can also face a license suspension as a penalty for the conviction.

Enhanced Penalties for a First-Time DWI

Even a first-time offender can face enhanced penalties because of an aggravating factor:

• Open container. If you have an open container in your immediate presence, then your minimum jail sentence is six days (instead of three).
• High BAC. If your BAC is 0.15% or higher, then you will face Class A misdemeanor charges, even if this is your first offense. Maximum penalties include up to a year in jail, the DWI surcharge, and a maximum $4,000 criminal fine.
• Child passenger. If you have a child under 15 in the vehicle, then you can face a state jail felony charge, which can result in six months to 2 years in state jail and a maximum $10,000 criminal fine, along with a license suspension.

Some drunk drivers cause bodily injuries or death. These are separate (and very serious) offenses. You might have intoxication assault or intoxication manslaughter, both of which are felonies.

Repeat DWI Offenders

Do you have prior DWI offenses on your record? If so, then you will face more serious charges in Texas. The Longhorn State counts any prior DWI, even if they are from a different state and go by a different name.

Reach out to our office to discuss any DWI-related arrest:

• Second DWI. You are facing 30 days to one year in jail and a maximum $4,000 fine if you have even one prior DWI on your record. The state also requires the installation of an ignition interlock device. The state can suspend your license up to 2 years.
• Third DWI. This is a third-degree felony offense in Texas. If convicted, you will face 2-10 years in prison, a maximum fine of $10,000, and have a license suspended for up to 2 years. A convicted felon also loses gun rights and other civil rights.

How We Help with an Administrative License Suspension

As mentioned, the state will suspend your license even before you are convicted of DWI in court. If you fail a chemical test or refuse to consent to a test, then suspension is automatic, and you should receive notice in the mail.

Motorists have 20 days to request an administrative hearing to contest the suspension if they consented to the chemical test (or 15 days if they refused to consent). At a hearing, the Department of Public Safety will need to prove the officer had reasonable suspicion to stop and probable cause for an arrest.

Call Tad Nelson & Associates to speak with our Pasadena DWI lawyer about this hearing. We can gather evidence to show the officer lacked cause to stop you in the first place. Sometimes the arresting officer doesn’t even show up to the hearing, and we can win a case that way, allowing our clients to keep their license as the criminal case works through the court system. The most critical step, however, is requesting the hearing in a timely manner.

Texas’s Implied Consent Law

Texas has an implied consent law. If you drive on Texas’s roads, then you have consented to provide a breath or blood sample when requested by an officer. That means that any refusal to give a sample after arrest will count against you, as if you had failed the test.

A first refusal will result in a 180-day administrative suspension of your license. If you have a prior DWI conviction, or if you have refused a test before, then you are facing a 2-year administrative license suspension.

We Will Vigorously Defend Against These Charges

Our Pasadena DWI defense lawyers are experienced and have handled thousands of drunk driving cases. We know how to poke holes in the evidence and sow doubt about whether you were really driving while intoxicated.

To be convicted, the state must prove all elements beyond a reasonable doubt. Sometimes the evidence is shakier than the District Attorney admits, and the state can’t prove you were driving the vehicle or were even intoxicated.

We have had success with the following defenses:

• Breathalyzer results were defective. An officer could have administered the test properly or the machine was old or defective. In those situations, the results are unreliable, and we can play up reasonable doubt.
• Blood or urine samples were mishandled. Sometimes the police use blood or urine tests to establish intoxication, especially if they suspect you are impaired by drugs. However, police must store the samples properly and maintain a clear chain of custody to avoid contamination. We might raise doubts about the test results when the chain of custody is broken.
• Lack of a warrant or consent to draw blood. An officer can’t jab you with a needle and withdraw blood. Instead, they typically need consent or a warrant from a judge. Our Pasadena DWI defense lawyer can move to suppress the blood sample and test results if the officer plowed ahead without legal authority.
• No legal reason for the stop. The police can’t just pull vehicles over because they feel like it. Instead, they need some reason to believe a crime is afoot or been committed. The reason to stop might be very minor—a blown headlight or going slightly over the speed limit. But they need some justification. We can ask a judge to dismiss charges if there is no valid reason for the stop.
• You were not impaired. The state might lack chemical evidence and rely on the officer’s testimony that you were driving erratically. We can introduce other testimony to show you were driving safely and in control of your normal faculties. Any video from the dashcam could be ambiguous, and you might have failed field sobriety tests because you were tired or scared.
• Someone else was driving. Sometimes police happen upon an accident scene and assume you were driving even though everyone is standing outside the vehicle. You might be standing near the door, or an officer simply assumes you were behind the wheel. We can raise doubt about whether you were even the driver.

We Have Helped Countless Defendants

The Law Offices of Tad Nelson & Associates has:

• Helped hundreds of men and women facing first-time and repeat DWI offenses.
• Secured favorable plea deals for DWI charges, including reductions to reckless driving or other traffic infractions.
• Helped clients avoid time in jail by successfully completing pre-trial diversion.
• Handled more than 500 jury trials.

Your case is in good hands. Please call our office to discuss your arrest and surrounding circumstances.

Why Choose Tad Nelson & Associates?

Our founder, Tad A. Nelson, is a member of the National College of DUI Defense® and earned credentials as an ACS/CHAL scientist after completing the American Chemical Society’s Hands-ON Forensic Chromatography Course. He completed his master’s degree in Forensic Science in 2015. As a result of this background, he is especially adept at analyzing chemical tests in DWI cases and is one of the few lawyer-scientists in the area. As a former Galveston County prosecutor, he understands how the state approaches DWI cases and can leverage this knowledge to help defendants navigate the system.

All lawyers at Tad Nelson & Associates share the same commitment to helping DWI defendants get on with their lives with a minimum of disruption to their work schedule and families. Call to speak with a Pasadena DWI defense lawyer today to check if we can help.

FAQs for a Pasadena DWI Offense

Can I Get a License to Get to Work?

It’s possible for some defendants to obtain an Occupational License, also called an Essential Needs License, which is a license with restrictions. It provides limited driving privileges, such as getting to and from work or school. You will need to petition to receive this license, and our office knows the steps to take.

Can You Obtain a Favorable Plea Deal?

We have managed to secure plea deals for reduced charges, such as reckless driving. Call our office to discuss if this is an option for you. There is no reason to automatically accept a plea deal, since you might have other options, including diversion or challenging the evidence in court.

Are DWI Defendants Eligible for Pre-Trial Diversion?

Yes, a first-time DWI offender is eligible for diversion. The district attorney stops the case so you can complete the terms and conditions of the program. If successful, the DA will recommend the judge dismiss the charges, and you should qualify to expunge your record. If this is your second DWI, then you’re ineligible for pretrial diversion.

Can I Lose My Job for a DWI Arrest?

It’s possible. Most employment in Texas is “at will,” which means an employer can terminate you for any reason, with only limited exceptions. This is one reason to hire an experienced and aggressive Pasadena DWI defense lawyer. We can not only get a favorable resolution and seal your criminal records, so they are no longer public.

Can I Be Convicted if I Didn’t Give a Breath Sample?

Yes. The law doesn’t require that you have any specific blood alcohol concentration. If you have any alcohol or drugs in your system and do not have normal control of your faculties, you can be convicted. Of course, the evidence is different when there are no test results, and we can cast doubt on the officer’s testimony.

Speak with a Pasadena DWI Lawyer Today

Are you facing DWI charges? Call The Law Offices of Tad Nelson & Associates immediately. One of our lawyers can spring into action and review the facts of your case. No one should end up behind bars for years for what is a single mistake. Call today to schedule a consultation.ontact the Law Offices of Tad Nelson & Associates at (281) 280-0100 to schedule a free initial consultation with our experienced team.