Blow a High Number? Call Our Office to Speak with a San Leon DWI Attorney
Drunk drivers kill over 1,000 motorists a year in Texas, so the state has aggressively cracked down on any impaired driving. Although a first-time offense is a misdemeanor crime, defendants face a harrowing list of penalties, including time in jail, increased insurance premiums, and a permanent criminal record. A DWI conviction can also impact your housing prospects due to having a criminal record.
Call The Law Offices of Tad Nelson & Associates to speak with a San Leon DWI lawyer. Our firm has won all kinds of DWI cases and can help anyone, including repeat offenders.
How Texas Defines DWI
A defendant can be convicted of DWI if they were in control of a motor vehicle in public while intoxicated. (See Texas Penal Code § 49.04). The DWI law defines “intoxicated” to mean:
- An adult with a blood alcohol concentration (BAC) of at least 0.08, or
- A driver who does not have normal control of their faculties due to any amount of alcohol/drugs.
Texas also has a zero-tolerance law for any motorist under the age of 21, which means you can be convicted if you have any detectable amount of alcohol in your system. Every DWI and criminal offense in Texas is serious and can impact a person’s future. Call Tad Nelson & Associates to speak with a San Leon DWI lawyer after a DWI arrest.
An experienced DWI lawyer can meet you at the jail or in our office for a private consultation.
Keeping Your Driver’s License after a DWI Arrest
A major fear is losing your license. And Texas has an automatic license suspension for anyone with a BAC over the limit. The license is automatic and goes into effect even though no one has found you guilty yet.
If you blow a high number or even if you refuse to blow at all, your license is suspended within a matter of weeks. If this is your first DWI, the license suspension lasts for 90 days. Otherwise, your license is suspended for 1 year if you have a prior suspension.
If you refuse to blow, then your license is suspended for 180 days. If this is your second refusal, then you will face a two-year suspension.
Motorists have a right to request an administrative hearing, but you must move quickly. You get only 15 days from the notice of suspension in many cases to make a request. Your DWI attorney can represent you at the Administrative License Revocation hearing.
The focus of the hearing is not your guilt or innocence but whether the officer had legal cause to stop you and if they warned you of the consequences of not blowing. Sometimes an arresting officer doesn’t even show up to the hearing. In other cases, the officer admits they had no reason to stop you.
If our Houston DWI attorneys win, you get to keep your license as your criminal case works its way through the courts.
First Time DWI: What Penalties Are You Facing?
DWI penalties include potential fines and court fees on top of the attorney’s fees, which can escalate overall costs. A first-time offender will be charged with a Class B misdemeanor. In Texas, you can face the following penalties after conviction:
- A DWI conviction in Texas results in a mandatory 72 hours in jail for first-time offenders.
- First-time DWI offenders can face up to 180 days in jail in Texas.
- A maximum $2,000 fine.
- DWI surcharges for three years.
- License suspension lasting
These penalties are for an adult with no prior DWI or aggravating factors. If found guilty of DWI in Texas, offenders typically lose their driver’s license immediately, even before conviction. If a driver is under 17, then they will face a DUIA charge, which is a Class C misdemeanor and only requires a fine, up to 40 hours of community service, and completion of an alcohol awareness course.
A minor will also have a license suspended. A DWI conviction in Texas remains on the individual’s record permanently.
Enhanced DWI Charges
A first-time offender could face more serious penalties if some aggravating factor is present:
- You had an open container in your possession or near you. The minimum time in jail is now 6 days (instead of 3).
- Your BAC was 0.15 or higher. This shows you were very intoxicated. A high BAC nets you a Class A misdemeanor charge. This carries many of the same penalties as a first-time offense, but you are facing 30 days to one year in jail and a maximum $4,000 fine.
- A child under 15 was in the car with you. This is a state jail felony. If convicted, you can end up in state jail for a minimum of six months and a maximum of 2 years. You will also face a maximum $10,000 fine and a license suspension for up to two years.
- You seriously injured someone. When people get hurt, the crime is much more serious. Intoxication assault is a third-degree felony in Texas. Defendants can end up behind bars for 2-10 years, pay a $10,000 fine, and have a license suspended, among other penalties.
- You kill someone. Intoxication manslaughter is the most serious DWI offense. It is a second-degree felony in most cases, and a defendant faces 2-20 years in prison, along with fines and a license suspension.
Texas punishes these offenses more harshly because of the risk and danger created. Call us so we can spring into action.
What if You Have Prior DWI Convictions?
Like other states, Texas punishes defendants more harshly if they are repeat offenders. Out-of-state drunk driving convictions count, too, even if they go by a different name, like Operating Vehicle Impaired (OVI).
Were you convicted for driving under the influence of drugs or alcohol? If the answer is “yes,” then you have a prior. If this is a second DWI offense, you will face Class A misdemeanor charges.
These are the same charges as if you had a high BAC (see above).
If this is a third DWI offense, then Texas can charge you with a third-degree felony DWI. Penalties include 2-10 years in prison, a maximum $10,000 fine, license suspension, and loss of gun rights.
Motorists are at risk of losing their licenses permanently for being a habitual offender. The state does not want people with serious drug or alcohol problems driving, so they can take your license. Call our office quickly so we can begin to address your criminal case.
You Have Come to the Right Firm
Any arrest for DWI is scary. Many clients are worried about spending any time in jail. Fortunately, you’ve come to the right firm. The Law Offices of Tad Nelson & Associates has dedicated our practice to DWI defense. Our firm has hundreds of satisfied clients. We have obtained:
- Dismissal of charges
- Favorable plea deals
- Not Guilty verdicts at trial
Every detail of your DWI case should be reviewed to ensure your constitutional rights were not infringed upon. Our founder, Tad Nelson, has received considerable industry recognition for his success in criminal law, including being rated AV Preeminent by Martindale-Hubbell® as well as a Super Lawyer, an honor reserved for only 5% of the lawyers in the nation. The legal industry recognizes his high ethical standards and vigorous advocacy on behalf of motorists arrested for an alcohol- or drug-related offense.
What is the Ideal Outcome for Your DWI Case?
Each client has a different story. Maybe you are a 16-year-old who slipped up and had a drink before getting pulled over, or you are an adult who smoked her first joint before mistakenly getting behind the wheel and crashing into a mailbox.
Other clients call after being arrested for the third time and are facing felony charges. Each motorist has a different set of facts, so the ideal outcome is different.
Some outcomes include:
- Dropped charges. The District Attorney might dismiss the charges if their evidence is weaker than they thought, or if the judge concludes your arrest lacked legal justification.
- Pre-Trial Diversion. Hopefully, some DWI defendants can participate in a diversion program. You must apply, but if admitted into the program your case is paused. You then complete a year of probation, which requires regular meetings, alcohol or drug education, community service, and other requirements. If you successfully tick all the boxes, your DWI is dismissed, and you can expunge the arrest. This option is typically reserved for first-time Class B offenders but let us check.
- Plea deal. Our San Leon DWI lawyers have gotten drunk driving charges reduced to non-DWI misdemeanors like reckless driving. That might be beneficial if you fear any drunk-driving conviction for job-related reasons. We have also succeeded in getting felony charges reduced to a misdemeanor. Let us review and then negotiate with the prosecutor.
- A not guilty verdict at trial. Our lawyers have handled more than 500 criminal trials, and we feel comfortable in front of a judge and jury. We aren’t afraid to challenge the strength of evidence and present our version of events.
Let us go over the facts of your case. It’s hard to generalize about what is the best outcome without knowing more about your specific situation.
Why Work With The Texas DWI Lawyers At Tad Nelson & Associates?
Our firm has built a reputation for aggressive DWI defense in San Leon, TX, and surrounding areas. We credit our expertise in the science of DWI. Unlike other lawyers who simply accept high BAC numbers as a fact, we dig into the evidence to better understand why the number you blew might be misleading.
Tad Nelson is well-qualified to attack a DWI charge. A lawyer-scientist, he has earned a master’s degree in forensic science and completed other coursework in chemical analysis. Mr. Nelson has shared his knowledge nationally as a member of the National College for DUI Defense and DUI Defense Lawyers Association. If you hire us, you are getting one of the most skilled DWI defense lawyers in the state who is well-respected by judges and district attorneys. By hiring us, you show that you mean business.
Can You Beat the Charges?
Our firm can raise many defenses to a DWI charge:
- Illegal stop and arrest. The Fourth Amendment limits the state’s ability to stop you or search your vehicle. We can ask a judge to dismiss the charges if an officer stopped you for no valid reason.
- Unreliable chemical test results. There are many reasons why a high BAC could be faulty. One is the machine used wasn’t calibrated or was defective in some way. Some police officers aren’t professionally trained to use a breathalyzer machine. If a urine or blood sample was used, then it could be contaminated or there are questions about the chain of custody.
- Reasonable doubt. Your BAC might have been low, so the state must rely on the officer’s recollections that you were driving dangerously. We can introduce witness testimony that you were driving safely or even cast doubt on whether you were driving at all. You can dispute the results of field sobriety tests in a DWI case.
San Leon DWI Frequently Asked Questions (FAQs)
How Can I Get to Work if My License is Suspended?
We can request an occupational license, also called an essential needs license. Your DWI attorney can help secure an ‘essential needs’ license if you lose your driving privileges. This license gives you limited driving privileges to travel to work and school or to run necessary errands (like getting groceries or going to the doctor). Many defendants will qualify—although not all.
Can I Be Convicted if I Didn’t Give a Breath Sample?
Yes. The law doesn’t require any specific blood alcohol concentration or any amount of illegal drugs. Instead, if you can’t drive normally due to chemical impairment, you can face DWI charges.
Will My DWI Be Public Information?
Yes. Criminal records are public. Some people end up losing their jobs because a boss finds out about the DWI arrest or conviction, or their professional license is suspended. Reach out to speak with our DWI defense attorney.
Can I Seal My DWI Arrest and Conviction?
An arrest that doesn’t lead to a conviction is usually eligible for expunction. Helpfully, Texas also allows certain DWI convictions to be sealed with an Order of Nondisclosure. Call our office so a Galveston County DWI lawyer can review if you are eligible.
Will a DWI Affect My Divorce or Child Custody Case?
Yes, you can expect the DWI to come up. A judge might think you are a danger to your children, so they are less likely to award you custody—especially if you were caught with a child passenger in the car. This is one reason to consider all possible resolutions, including fighting your charge to trial.
How Much Could A DWI Arrest Cost Me?
The cost of a Texas DWI attorney can range between $5,000 and $15,000, depending on the complexity of the case and the attorney’s experience. More complex DWI cases in Texas can cost over $20,000. Some simpler DWI cases that do not go to trial typically fall on the lower end of the cost spectrum. Many Texas DWI attorneys operate on a flat fee structure to provide cost predictability.
Experienced Criminal Defense Lawyers Defending DWI Arrests In San Leon, TX
A DWI arrest is a frightening experience, but help is available. The Law Offices of Tad Nelson emphasize the importance of responding quickly to a DWI arrest. Our San Leon DWI lawyers offer free consultations so contact us today to discuss your case and legal options.
We have decades of experience in Galveston County and Harris County that we can put to use defending you and protecting your freedom.