Texas City DWI Lawyer

We Defend DWI Charges in Texas City and Throughout Galveston County

At The Law Offices of Tad Nelson & Associates, our Texas City DWI defense lawyer is an aggressive, effective advocate for clients. With decades of collective experience and hundreds of jury trials, we take a proactive approach to every case. If you or your loved one was arrested and charged with a DWI in Texas City, it is crucial that you have a strong attorney on your side. To set up a confidential consultation with a top Galveston County criminal defense lawyer, please contact us today. 

An Overview of DWI Laws in Texas: Know the Basics

Charged with a DWI in Texas City? It is crucial that you understand the basic elements of the charge. Intoxicated driving charges are state-based crimes. In Galveston County, these cases fall under Texas Penal Code Sec. 49.01. Here are two key things to understand about the Texas DWI laws: 

1. Intoxication: The prosecution must prove that a defendant is intoxicated. For most drivers in Texas, intoxication is a blood alcohol concentration of 0.08 or higher. That being said, a driver in Texas City could also be charged with a DWI if they lack “the normal use of mental or physical faculties” due to alcohol or drugs. 
2. Operation of Motor Vehicle: Beyond intoxication, prosecutors in a DWI case in Galveston County must also prove that a defendant was in operation of a motor vehicle at the time of their arrest. Notably, the term “motor vehicle” is defined more broadly than many people realize. It includes things like motorcycles, ATVs, and even golf carts. 

We Defend All Types of Intoxicated Driving Charges in Texas City

As a baseline criminal offense, a DWI in Texas City is a Class B misdemeanor criminal charge. That being said, a motorist could face more serious criminal charges if certain “aggravating factors” are present. At The Law Offices of Tad Nelson & Associates, we are more than ready to protect your rights, freedom, and future—no matter where you find yourself. Along with other types of intoxicated driving charges in Texas, we have the skills and experience to take on: 

• Underage Drinking and Driving (Underage DUI)
• Commercial Driver DWI (CDL DWI); 
• Driving Under the Influence of Drugs (DUID); 
• Third-time DWI; 
• DWI With a Child in Car; 
• Intoxication Assault (DWI causing injury); and
• Intoxication Manslaughter (DWI causing fatality). 

Understanding the Penalties for a DWI in Texas City

Were you or your loved one arrested and charged with a DWI in Texas City? It is crucial that you take a proactive approach. These cases can carry serious criminal consequences. As explained by the Texas Department of Transportation (TxDOT), the penalties for drunk driving or drugged driving depend, in large part, on a driver’s prior history of DWI convictions or lack thereof. Here is an overview of the potential penalties for a DWI conviction in Texas City:   

• First-Time DWI Offense: A maximum fine of $2,000, up to 180 days in jail (72 hours mandatory), and the suspension of your driver’s license for up to one year. 
• Second-Time DWI Offense: A maximum fine of $4,000, between 30 days and 365 days in jail, and the suspension of your driver’s license for up to two years. 
• Third-Time DWI Offense: A maximum fine of $10,000, between 2 years and 10 years in state prison, and the suspension of your driver’s license for up to two years.

Notably, a driver in Texas City who is convicted of a DWI could also face other financial penalties as well. The Texas Driver Responsibility Program allows state authorities to impose a DWI surcharge. If you have any questions about DWI penalties in Texas City, our criminal defense attorney can help. 

What to Know About Breathalyzers and Field Sobriety Tests in Texas

Following an intoxicated driving stop in Texas City, you may be asked by police to perform a field sobriety test, a breath test, or a blood test. It is imperative that you understand your rights and duties regarding these types of tests in the state. Here are the key things to understand:  

• Chemical Tests (Implied Consent): Texas has implied consent law for post-arrest chemical DWI tests. By obtaining a driver’s license or operating a vehicle, you automatically consent to chemical tests like breathalyzers and blood tests. You can face automatic penalties if you refuse to take these types of tests. Your driver’s license could be suspended at the administrative level for a DWI refusal—and you could still face a drunk driving charge. 
• Field Sobriety Tests (No Implied Consent): Unlike chemical tests, there is no implied consent for field sobriety tests. These physical tests— the walk-and-turn, one-leg stand, and horizontal gaze nystagmus—are not especially reliable. You have the right to refuse them without any automatic consequences. Still, refusing a field sobriety test does not protect a person against being arrested or charged with a DWI. 

How to Defend a DWI Charge in Texas City 

An arrest is not the same thing as a criminal conviction. You have every right to defend yourself in court. Remember, the burden of proof always rests on the shoulders of the state. Prosecutors must prove every element of the charge(s) beyond a reasonable doubt. Depending on the specific situation, some strategies that may be used to defend DWI charges in Texas City include:  

• Illegal Stop (No Reasonable Suspicion): One of the primary grounds for challenging a DWI charge in Texas City is asserting that the initial traffic stop was illegal. For police officers to make a stop, they must have reasonable suspicion that the driver is committing a crime or a traffic violation. If the officer did not have a valid reason to stop you, any evidence collected during that stop—including things like field sobriety tests and verbal statements—may be deemed inadmissible in court. For example, if you were pulled over simply because you were driving late at night and not due to any visible violation or suspicious behavior, it might be argued that the stop was baseless.
• Challenging a Breath Test/Blood Test: Breath and blood tests are common tools used to determine blood alcohol concentration (BAC). However, they are not infallible. The equipment used might malfunction, the officer might not be properly trained to administer the test, or the samples could be mishandled or contaminated. In Texas City, you have the right to challenge the validity of these tests. A top-rated Texas City DWI defense attorney can help determine if protocols were followed correctly and if the results can be deemed reliable. If there are inconsistencies or procedural errors, the court might discard the results.
• Lack of Sufficient Evidence: Prosecutors need to provide sufficient evidence to prove beyond a reasonable doubt that you were intoxicated while driving. However, there might be instances where the evidence is not solid. For example, merely having bloodshot eyes or a flushed face does not necessarily indicate intoxication. Moreover, behaviors like weaving in your lane or fumbling for your license might be attributable to reasons other than intoxication, like fatigue or nervousness. It is crucial to examine all pieces of evidence and possibly challenge their relevance or validity.
• Considering Options for a Plea Agreement: An aggressive defense strategy is certainly not the right approach in every DWI case in Texas City. In some cases, it might be in your best interest to consider a plea agreement. This is where you, with the guidance of your attorney, negotiate with the prosecutor for a reduced charge or lesser penalties. For first-time offenders or in situations where the evidence is not overwhelmingly against you, a plea deal might lead to probation, community service, or mandatory alcohol education programs instead of jail time. An experienced Texas City defense lawyer can review your DWI case and help you assess all of the available options. 

Why Trust Our Texas City Drunk Driving Defense Attorneys 

A DWI charge is stressful. If you were stopped and arrested on suspicion of drunk driving or drugged driving in Texas City, it is imperative that you take immediate action to protect your rights. Your license and even your freedom could be at stake. Texas DWI defense lawyers Tad A. Nelson and Amber R. Spurlock both stand ready to review your case and determine the best course of action. Founded by a former State Prosecutor, our firm brings unique insight. When you contact our team, you will have an opportunity to consult with a Texas City DWI defense attorney who can: 

• Hear your story and answer questions about the criminal justice system;
• Carefully review your DWI charges, explaining what comes next; 
• Investigate the arrest and the charges—gathering evidence; and
• Develop a personalized defense strategy focused on securing you the best outcome.  

Schedule a Confidential Consultation With Our Texas City DWI Defense Lawyer

At The Law Offices of Tad Nelson & Associates, our Texas City criminal defense attorney has the professional knowledge to take on all types of DWI charges. Were you arrested for impaired driving? We can help. Call us (409) 765-5614 or send us a message online to arrange your confidential initial appointment. We defend DWI charges in Texas City, Galveston County, and across the wider region.