Don’t Take a DWI Lying Down. Call Our South Houston DWI Attorney Today
Each year, more than 10,000 Texas motorists are arrested for drunk driving. This is a serious criminal offense that can result in jail time, probation, and other penalties, even for a first-time offender. Call The Law Offices of Tad Nelson & Associates if you were arrested for drunk driving.
A local DWI attorney is familiar with the judges and court procedures in their area. Our South Houston DWI lawyer analyzes the maximum penalties you face and will do everything possible to let you keep your license.
DWI Law in Texas
Texas Penal Code § 49.04 is the main DWI law. It criminalizes driving while intoxicated in public. The state can prove intoxication in two ways:
1. In Texas, the legal limit for blood alcohol content (BAC) is .08 for drivers 21 and older, or
2. You do not have normal control of your faculties due to any drugs or alcohol in your system.
One misconception is that you can avoid a DWI if you don’t give a breath sample. That’s not true. The state can use other evidence, such as the officer’s eyewitness testimony or dashcam video to secure a conviction.
Also, you can be convicted if you have a high BAC but otherwise are driving safely. The state is not obligated to show you were swerving all over the place or a danger to other motorists on the road. If your BAC is too high, then you can be convicted of “per se” DWI.
Automatic License Suspension & Texas DWI
There are two parts to a Texas DWI case: one is administrative, and the other is criminal:
- Administrative License Suspension. Texas law states that anyone who fails a chemical test after arrest or who refuses to take a test will have their license suspended. It’s that simple. This suspension takes effect even if you ultimately are acquitted of DWI. You have 15 days from the date of arrest to request an administrative license revocation hearing. It is crucial to act quickly to request an administrative license revocation hearing.
- If this is your first failure, then the state suspends your license for 90 days (1 year if you had a prior failure). However, if you refuse to take a test, then a first refusal suspension is for 180 days, which can increase to 2 years if this is your second refusal or you have a prior failed test in the past.
Call Tad Nelson & Associates to speak with a proven trial lawyer. We can spring into action and request an administrative hearing where we will argue you deserve to keep your license. You get very little time to make the request, as little as 15 days in some cases.
Our legal team can attend the hearing and argue on your behalf. The hearing is limited to certain topics, such as whether the stop was initially legal or whether the officer described what would happen if you refused a chemical test. Sometimes, an arresting officer won’t even appear, in which case you can probably keep your license.
The criminal case will result in various penalties once you are convicted or plead guilty.
Criminal Penalties for a First DWI Offense
Many of our clients make a simple mistake and get behind the wheel after having one too many drinks. They don’t intend to hurt anyone and aren’t even aware of how buzzed they are. Nonetheless, this is a serious offense.
A DWI conviction can affect future employment opportunities. The penalties for DWI in Texas may include community service, installation of an ignition interlock device, and enrollment in a drug or alcohol treatment program. Underage drivers caught with any detectable alcohol in their system will be charged with Driving Under the Influence of Alcohol by a Minor (DUIA).
We strongly encourage you to call an experienced South Houston DWI lawyer. A first-time DWI is a Class B misdemeanor in Texas, which carries the following criminal penalties:
- 3-180 days in jail;
- Maximum $2,000 fine;
- DWI surcharge (usually $1,000 a year for three years);
- License suspension for 90 days to 2 years.
These are just the criminal penalties. There are other consequences of a DWI arrest, such as a permanent criminal history which will show up on standard background checks. A DWI conviction can stay on your record indefinitely unless it is expunged or sealed. Motorists can also expect to pay much more for car insurance. You are innocent until proven guilty of a DWI charge.
Enhanced DWI Penalties
Even first-time DWI offenders can face stiffer penalties because of some aggravating factor:
- An open container in the driver’s presence. The minimum sentence is 6 days in jail if the driver had an open container in their hand or within their immediate presence.
- High BAC. When the driver’s BAC is 0.15% or higher, then they are facing a Class A misdemeanor charge. A defendant faces 30 days to one year in jail, a maximum $4,000 fine, and a suspended license.
- A child passenger in the vehicle. A defendant who had a child 14 or younger in the car is facing a state jail felony. That’s six months to two years in state jail, a possible $10,000 fine, and a license suspension.
- DWI causing bodily injury. If you end up seriously hurting someone, then you can face intoxication assault charges. This is a third-degree felony, which can net a defendant 2-10 years in prison, along with a maximum $10,000 fine and a license suspended for up to 2 years.
- DWI causing death. Intoxication manslaughter is a second-degree felony, and you face this charge if your accident causes death. A defendant faces 2-20 years in prison, a maximum $10,000 fine, and a license suspension for up to two years.
Our South Houston DWI lawyers can defend anyone accused of one of these offenses. Our defense strategy remains the same: to get the best result for our clients as is possible.
Do You Have Prior DWI Convictions?
Texas penalizes repeat offenders more harshly than first-time offenders. If you have a prior DWI conviction, then you can face enhanced penalties:
- Second DWI. This is a Class A misdemeanor with 30 days to one year in jail and a $4,000 fine. Your license is suspended for 180 days to two years.
- Third DWI. This is a third-degree felony in Texas, with 2-10 years in prison, a maximum $10,000 fine, and a license suspension for 180 days to two years.
Out-of-state drunk driving convictions will count as prior DWIs, just as if you were convicted of these offenses inside Texas. In some states, DWI is called Driving Under the Influence (DUI), Operating a Vehicle Impaired (OVI), or something similar. What matters is if you were convicted of driving while impaired by drugs or alcohol.
What to Do When Stopped for DWI
We recommend:
Remain polite. There’s no reason to escalate the situation. Don’t flee the scene or argue with law enforcement officers. It’s critical not to add more criminal charges to your case.
Avoid admitting you were drinking. You shouldn’t answer any officer questions. You must produce your license and registration information, but otherwise, you should remain silent. Whenever the officer asks a question, simply say, “I don’t want to answer, sorry.”
Do not consent to a search of your vehicle. The officer might be searching for drugs, which will result in an even more serious drug charge (probably a felony). Make an officer get a search warrant if they want to paw through your belongings or look in the vehicle. Probable cause is essential; without it, a DWI case may be dismissed.
Pre-Trial Diversion: How We Can Help
Many DWI defendants are desperate to avoid jail. This is often their #1 concern.
Helpfully, some DWI defendants are now eligible for pre-trial diversion. Essentially, your case is put on hold while you complete probation for a year. There are many probation terms, such as monthly meetings, community service, drug education classes, the installation of an ignition interlock device, and other terms. You must complete all requirements and avoid any other criminal arrest.
Upon successful completion, the judge dismisses your charge, and you can seal the arrest record. That means you have no criminal history that the public can find out about.
Pre-trial diversion is a great benefit, but not everyone is eligible:
- A first-time offender facing Class B charges is typically eligible.
- Ideally, you will have no other criminal history.
- Other DWI defendants might also qualify, e.g., if you have a BAC slightly over 0.15. Work with a South Houston criminal defense attorney to review.
- If you caused bodily injury, or you are a repeat offender, then you will likely be denied.
The terms of probation for a DWI conviction can vary but may include a duration of 6 months to 2 years for a first-time offense. Call our South Houston DWI lawyers to review if you can request PTI. This is an excellent program for those who made a simple slip-up and didn’t hurt anyone.
Fighting a DWI Charge
Sometimes we have no choice but to fight the charges. You might not be eligible for diversion, in which case you are facing possible conviction and serious time in jail.
DWI attorneys can help negotiate reduced charges or dismissal. We tailor our DUI defenses to the facts of your case and might raise any of the following:
- Argue constitutional violations. We can challenge the constitutionality of the stop, arrest, interrogation, or blood draw. When the police violate your right to be free of unreasonable search and seizure, a judge should dismiss the case or suppress evidence. We can often get charges dismissed in these situations.
- Create reasonable doubt. The state needs to prove a defendant guilty beyond a reasonable doubt. We can undermine the evidence and cast doubt on whether you were driving or whether the vehicle was on a public road.
- Undermine the validity of chemical test results. We might argue the breathalyzer was not working properly or that police mishandled a urine or blood sample. We can attack the chain of custody and argue the sample was contaminated.
- Argue you weren’t intoxicated. When there is no chemical test, the state usually relies on witnesses, but we can present our witnesses who say we were not impaired in any way. Challenging the validity of sobriety test results is a common defense strategy.
Let us review the facts. The best defense is anchored in the facts of your case.
Our Record of Success
The Law Offices of Tad Nelson & Associates have won DWI cases that other lawyers have turned away. Some of our recent results include:
- 1st Time DWI: Not Guilty Verdict
- 1st Time DWI: Not Guilty Verdict
- 4th Time DWI: Felony Reduced to Misdemeanor
- 1st Time DWI: Charges Dismissed
- DWI with Child Passenger: Felony reduced to misdemeanor
Our success has resulted in several awards from the legal industry. Tad Nelson, an experienced criminal defense attorney, has received recognition as a Super Lawyer and has been rated as AV Preeminent from Martindale-Hubbell® thanks to his high ethical standards and experience. These awards are reserved for a small percentage of lawyers across the country.
Why Choose Tad Nelson & Associates?
A competent DWI lawyer understands the complexities of Texas laws. Our firm is head and shoulders above the competition thanks to our expertise in DWI. Mr. Nelson is a lawyer-scientist with a master’s degree in forensic science.
This background allows him to challenge the validity of certain chemical test results. While other lawyers scramble for a plea deal, Attorney Nelson puts his experience to use to fully understand the test results and possible limitations of the data. With a credential as an ACS/CHAL scientist from the American Chemical Society and DUI Defense Lawyers Association, Mr. Nelson understands the limitations of the state’s evidence in DWI cases like few lawyers around.
Call our law firm. We can put our legal and scientific knowledge to use assessing the strength of the case against you. There is no reason to plead guilty if the evidence is full of holes. We understand criminal law and have helped hundreds of men and women efficiently handle their DWI cases in the past few years alone.
South Houston DWI Defense Frequently Asked Questions (FAQs)
How Can I Get to Work if The State Suspended My Driver’s License?
We can help you get an Essential Needs license, which allows you to get to work or school and run essential errands. This license is restricted, so you don’t have permission to drive wherever you want.
Can I Just Apply to Pre-Trial Diversion on My Own?
That is very risky because you might end up confessing to the crime when you aren’t eligible. There’s no reason to admit guilt only to be kicked out of the program or be denied. Instead, work with one of our lawyers to review whether this is an option and apply for the program the correct way.
Should I Accept the Plea Deal?
Plea deals are sometimes the best way to resolve a DWI case, especially if you have a prior DWI or do not qualify for diversion. Of course, everything depends on the facts, such as the strength of evidence. Let our South Houston criminal defense lawyer review the offer.
Can I Seal My Criminal Record if I Am Arrested or Convicted?
Texas has created an extremely limited right to expunction. When charges are dismissed, it does not erase the record unless expunged. You can expunge records if you complete the Pre-Trial Diversion program. A DWI conviction can result in a criminal record that can follow you for life unless expunged. Other first-time offenders might qualify, but there is an intimidating list of requirements. Check whether this is an option by speaking with a South Houston DWI defense lawyer in our office.
Can a DWI Affect My Professional License?
Probably. If you are a teacher, lawyer, doctor, dentist, or other professional, then you should report any criminal conviction to your licensing authority. Often, they will investigate, and they might suspend your license for a DWI arrest and/or conviction.
Can I Have a Gun if I Am Convicted?
A DWI can impact your gun rights. For example, convicted felons are prohibited from legally possessing a gun. Also, Texas Government Code § 411.172 of the Texas DWI laws says you are ineligible for a license to carry if you have a felony conviction or are charged with a Class A or B misdemeanor.
Speak With a South Houston DWI Lawyer Today
Nobody facing DWI charges should proceed without the right Houston criminal lawyer in their corner. Call Tad Nelson and schedule a private, free consultation with an experienced Houston DWI lawyer where we can go over the facts of your arrest.