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Seabrook DWI Lawyer

Seabrook DWI Lawyer

Schedule a Confidential Consultation With a DWI Defense Attorney in Seabrook, Texas

a man with a criminal record drinking and driving and disobeying Texas laws

At The Law Offices of Tad Nelson & Associates, our Seabrook DWI defense attorneys are skilled, reliable, and results-focused advocates for good people who are facing challenging criminal charges. We take aggressive, innovative strategies to deliver the best possible outcome for our clients. No matter your specific situation, we are here to help. Contact us today to arrange your fully confidential, free consultation with an experienced Seabrook DWI defense lawyer in the criminal justice system.

Our Criminal Defense Firm Handles All DWI Charges in Seabrook, Texas

a police officer pulling over a drunk driver in Seabrook, TX for going over the legal limit for this DUI case.

Arrested for a DWI in Seabrook? You need the right DWI lawyers on your team for this criminal offense. The Law Offices of Tad Nelson & Associates is a boutique defense firm that handles the full spectrum of DWI charges in the legal process in Texas DWI cases. No matter your specific situation, we are more than ready to help any legal consequences for DUI charges. Along with other impaired driving cases, our Seabrook DWI defense attorneys have the skills and experience to represent you in: 

  • First-time DWIs; 
  • Second-time DWIs; 
  • Third-time DWIs; 
  • Underage DWIs;
  • Commercial DWIs;
  • Drugged driving charges; 
  • DWI with child in car; 
  • DWI causing physical injury; 
  • DWI causing serious bodily injury); and
  • DWI manslaughter (felony).

What to Know About Drunk Driving Laws in Texas With a Houston DWI Attorney

You can be charged with a drunk driving offense under Texas Penal Code Sec. 49.01 if you are operating any type of motor vehicle while unlawfully under the influence. Prosecutors must prove each of the following to convict you of a DWI in Seabrook: 

  • You were in actual physical control of a motor vehicle; 
  • You were unlawfully intoxicated. 

Understanding the Criminal Penalties for Impaired Driving

Following an arrest for a DWI in Seabrook, one of the first questions that many people have: What type of penalties could I face? The answer will depend on the specific nature of the charge, including your prior history of impaired driving offenses (or lack thereof). Here is a more comprehensive overview of the DWI penalties in Texas: 

  • First-Time DWI: You are looking at a $2,000 fine, up to 180 days in jail, and losing your license for a year.
  • Second-Time DWI: You are looking at a $4,000 fine, up to one year in jail, and losing your license for two years.
  • Third-Time DWI: You are looking at a $10,000 fine, up to ten years jail, and losing your license for two years.

History of DWI offenses is the main baseline factor for determining the severity of DWI penalties under Texas law. However, it is certainly not the only factor. If any aggravating factors are present in your case, you can be arrested and charged with an even more serious felony DWI offense. You need a top Seabrook, TX DWI defense lawyer on your side if you are facing felony criminal allegations. 

Know Your Legal Rights: DWI Testing in Seabrook

In Texas, it is the prosecution that bears the burden of proof in a DWI case. The prosecution must prove that you were operating a motor vehicle while unlawfully under the influence. In many DWI cases, tests—both chemical and field sobriety—make up a significant portion of the prosecution’s evidence. It is crucial that all motorists in Seabrook know their rights regarding DWI tests. Here is an overview of the key points to understand: 

  • Chemical: In Texas, under the “implied consent” law, by obtaining a driver’s license, you consent to chemical tests (breath or blood) if lawfully arrested for DWI. Refusing a chemical test can result in an automatic license suspension ranging from 180 days to two years. Nonetheless, you have the right to refuse the test—but law enforcement must inform you of the consequences.
  • Field Sobriety: Field sobriety tests are physical and cognitive assessments conducted roadside to evaluate impairment. These tests are voluntary in Texas. You have the right to politely decline them without immediate legal penalties. The results are subjective and can be influenced by factors like medical conditions or nervousness. Declining may limit the evidence against you but could still lead to arrest based on the officer’s observations.

Your Guide to the Administrative License Revocation (ALR) System

You have a limited amount of time to take action to save your license after a DWI arrest in Seabrook or elsewhere in Harris County. The Administrative License Revocation (ALR) program in Texas leads to the automatic suspension of your driver’s license if motorists who have been arrested for intoxicated driving based on a breath or blood test (failed test or refused test). The administrative license suspension process is civil. It is separate from criminal court proceedings. You have a narrow window of 15 days from the date of your arrest to request a hearing to challenge the suspension. If you miss this deadline, the suspension automatically goes into effect. Do not lose out on a chance to save your driver’s license. Contact our Seabrook DWI defense lawyer and criminal defense lawyers with experience in DUI Defense Lawyers Association right away after an arrest. 

We Evaluate Every Strategy to Defend Your DWI Charge

What is the best way to defend yourself against a DWI charge? The answer depends on a wide range of case-specific factors, including the evidence the prosecution has—or lack thereof. It is crucial that you work with a Seabrook, TX drunk driving defense lawyer who can help you identify and evaluate every option for raising a strong defense. Common defense strategies are as following: 

  • Probable Cause Defense: Why did you get stopped in the first place? Law enforcement must have reasonable suspicion to initiate a stop. If they lacked probable cause, then they  violated the constitutional protections of the driver. If the stop is deemed unlawful, evidence obtained as a result may be excluded. 
  • Challenging the Accuracy of Testing: DWI test results are not nearly as ironclad as police and prosecutors will lead you to believe. Even with breath tests and blood tests, factors like improper administration, equipment malfunction, or physiological conditions can lead to false positives. You may be able to successfully challenge the reliability (and admissibility) of a DWI test. 
  • Working to Reduce Penalties: Not all DWI cases in Seabrook should be defended aggressively. The reality is that there are situations in which the prosecution will have sufficient evidence to prove the charge. You may be better off negotiating a plea agreement to reduce the charges and the penalties. It could keep you out of jail. 

Why Trust Our Seabrook, TX DWI Defense Attorneys

alcohol abuse, drunk driving and people concept - close up of whiskey glass and car key on table

Arrested and charged with a DWI in Seabrook? Our firm is here to provide you with the guidance and support that you can rely on in even the most complex of cases. We are proud of our proven, verifiable results in a wide range of cases. Attorney Tad A. Nelson has more than three decades of criminal law experience in Texas. He is a former prosecutor and a ACS/CHAL Forensic Lawyer-Scientist. DWI defense lawyer Amber R. Spurlock is a former Air Force JAG & Special Assistant United States Attorney. We understand how much your rights and your future matter. When you contact us, you will connect with a Seabrook, TX DWI defense lawyer who can: 

  • Conduct a comprehensive, confidential review of our drunk driving charges; 
  • Investigate your DWI arrest in Seabrook—gathering all relevant evidence; and
  • Develop a personalized strategy focused on getting you the best possible results. 

Seabrook DWI Charges: Frequently Asked Questions (FAQs)

What Qualities Should I Look for in a Seabrook DWI Lawyer?

Professional skills, proven legal experience, and a commitment to personalized legal representation. When looking for a DWI lawyer in Seabrook, you should prioritize qualities such as expertise in DWI law, local courtroom experience, and a strong track record of successful case outcomes. A top-tier Seabrook, TX DWI defense lawyer will be able to demonstrate detailed knowledge of breathalyzer tests, field sobriety tests, and other evidentiary issues specific to drunk/drugged driving cases. 

Do I Have to Give a Breath Sample After a DWI Arrest in Seabrook?

Technically, no. The police cannot physically restrain you and force you to get a DWI breath test. With that being said, Texas has an implied consent law in place. Refusing to provide a breath sample can lead to automatic penalties such as driver’s license suspension. Further, prosecutors may still pursue criminal defense charges against a defendant even if he or she refused to give a breath test. 

Is My Drunk Driving Case Likely to Go to Trial?

It is not the most likely outcome, but it is a possible outcome. Some DWI charges can be dropped through a proactive defense. Many other DWI cases are eventually resolved through a plea agreement with the prosecution. Still, there are some drunk driving cases that will end up in court. You need a trial-tested Seabrook, TX DWI defense attorney. 

Contact Our Seabrook, TX DWI Defense Lawyer for Immediate Help 

At The Law Offices of Tad Nelson & Associates, our Seabrook, TX drunk driving defense lawyers are committed to investing the time, resources, and attention to detail to handle your case with the care that it deserves. Arrested for a DWI? Contact us now to set up your fully private case evaluation. Our firm defends intoxicated driving charges in Seabrook, Harris County, and throughout the entire surrounding region in Southeast Texas.