Contact Our Webster DWI Defense Lawyer Today for Immediate Help
At The Law Offices of Tad Nelson & Associates, our Webster DWI defense attorneys have the professional experience that you can trust. A drunk driving offense can carry serious penalties. You need a top-tier advocate on your side. A conviction for a DWI could cost a lot of money, your license, and even your freedom. It is your right to fight a DWI charge. If you or your loved one was arrested and charged with a DWI offense, our DWI criminal lawyers are here to help. Contact our criminal law legal team today to set up a fully confidential, no obligation initial consultation with an experienced Webster DWI defense attorney for your DWI conviction.
What to Know About the DWI Laws in Texas With Our Criminal Defense Lawyers
Texas Penal Code Sec. 49.01 is the state statute that lays out drunk/drugged driving charges. It is illegal to operate a motor vehicle on public roads while impaired by alcohol or drugs in Texas, including in Webster. For a successful DWI prosecution in Harris County, the State must prove each of these following two required elements:
- The accused was in actual physical control of a motor vehicle; and
- The accused was unlawfully intoxicated while operating the vehicle.
Key Point: Prosecutors have the burden of proof in establishing two required elements in Texas. They must prove that you were in actual control of a motor vehicle while you were impaired by drugs or alcohol. If either factor cannot be proven beyond a reasonable doubt, then the DWI charges should be dismissed as a matter of law.
Our DWI Attorney Defends the Full Range of Webster, TX DWI Cases
Not all drunk and drugged driving cases are created equal. Indeed, some of these charges are misdemeanors and others are felonies. As a general matter, a drunk driving offense is presumed to be a misdemeanor as a baseline in Texas. However, aggravating factors can lead to a more serious criminal charge. At The Law Offices of Tad Nelson & Associates, our Webster, TX DWI defense lawyers take on the full spectrum of charges, including:
- First-time drunk driving offenses;
- Second-time drunk driving offenses;
- Third-time drunk driving offenses;
- Underage drunk driving offenses;
- Commercial drunk driving offenses;
- Drugged driving offenses;
- Drunk driving with a child in the vehicle;
- DWI causing a physical injury;
- DWI causing a serious bodily injury; and
- DWI causing a death (DWI manslaughter).
Know the Penalties for a Drunk/Drugged Driving with a Houston DWI Lawyer
If you are facing a drunk driving charge in Webster, you probably have questions about the penalties for a conviction. The penalties for a DWI in Texas can vary dramatically depending on a wide array of case-specific circumstances. At the foundational level, the severity of the consequences will depend on any prior convictions you may have. Here is an overview of the penalties:
- First-Time DWI Offender in Webster: You may face fines up to $2,000, jail time up to 180 days, and a one-year driver’s license revocation.
- Second-Time DWI Offender in Webster: Penalties can include a $4,000 fine, up to 365 days in jail, and a two-year license suspension.
- Third-Time DWI Offender in Webster: You could be fined up to $10,000, face up to 10 years in prison, and receive a two-year license suspension.
Other factors can impact DWI penalties as well. Here is an example: The involvement in a DWI crash in Webster that results in serious bodily injury can lead to enhanced penalties. Indeed, a person could face a felony DWI charge. If an aggravating factor is present in your case, it is especially crucial that you are represented by a Webster, TX DWI defense attorney from our law firm.
How to Defend a DWI Charge in Webster
That you have been arrested and charged with a DWI does not mean that you are guilty of drunk driving. Quite the contrary, you have the right to raise a strong and aggressive defense in court. The burden of proof rests on the shoulders of the prosecution. Our Webster, TX DWI defense attorney can help you determine the right defense strategy. Here is an overview:
- Challenge the Traffic Stop: In Texas, the officer must have a valid reason for the traffic stop. If not, evidence obtained may be inadmissible. Were you stopped without probable cause? It is possible that this defense strategy may be right for your case. Our Webster DWI defense lawyer can file a motion to suppress to exclude evidence obtained from an unlawful stop. Without illegally obtained evidence, the DWI charges may have to be dropped outright.
- Question Field Sobriety Tests: Officers must follow strict guidelines when conducting any field sobriety test. Any deviations can invalidate results. Further, medical issues or disabilities can affect performance. A failed test can be challenged. If you have any questions or concerns about challenging the results of an (alleged) failed field sobriety test, our Webster, TX DWI defense lawyer is more than ready to help.
- Dispute Breathalyzer Results: Many DWI cases in Texas are based on breath test results. Issues can arise with these tests. For example, calibration errors can be a serious problem. A breath testing device must be properly maintained and calibrated. Another problem is operator error. The officer must be certified and follow correct procedures. Getting breath tests results thrown out can be a winning strategy. Without the results of a breath test, the prosecutor may not have sufficient evidence to move forward with the DWI charges.
- Negotiate a Plea Deal: In some cases, the best way to defend DWI charges is to focus on protecting yourself against serious penalties. A plea agreement may be the most sensible option. Indeed, reduced charges or alternative sentencing may be the best path forward. Still, you should never accept a plea agreement without carefully evaluating all of your available options. Professional legal help can make a big difference. Our Webster, TX DWI defense attorney will work towards the most favorable plea deal.
How Does the Administrative License Suspension Process Work in Texas?
In Texas, you could lose access to your license at the administrative level based on an arrest. The Administrative License Revocation (ALR) program is a civil procedure separate from the criminal court process. You have 15 days from the date of receiving the Notice of Suspension to request a hearing to contest the suspension. If you fail to take action, your driver’s license will be suspended at the administrative level—before you ever get an opportunity to present your case in criminal court. Our Webster, TX DWI defense lawyer can take action to protect your license.
Why Count On Our Webster DWI Defense Lawyers
Our DWI defense lawyers are different. Tad A. Nelson and Amber R. Spurlock have specialized skills, experience, and legal expertise that can help motorists facing drunk/drugged driving charges get the absolute best outcome. Attorney Nelson is a former Texas prosecutor and a ACS/CHAL Lawyer-Scientist. Attorney Spurlock has extensive experience handling complex drunk driving and drugged driving cases. You need the best attorney in your corner. We are knowledgeable, skilled, and justice-focused. When you contact our Webster DWI defense attorneys, you will get access to:
- A confidential, comprehensive investigation;
- A thorough investigation of your case;
- A full understanding of your rights and options; and
- An aggressive defense attorney who will protect your rights.
DWI Charges in Webster, Texas: Frequently Asked Questions (FAQs)
Should I Give a Statement to Police at the Scene of a DWI Arrest?
No. You have the right to remain silent when being arrested by law enforcement. That right applies to all criminal cases in Texas, DWI charges in Webster are certainly no exception to the rule. AsaAnything you say to the police can be used against you in court, it is generally best to politely decline giving a statement until you have spoken with a Webster, TX DWI defense lawyer.
Should I Hire a Defense Lawyer for My DWI Case in Webster?
Yes. While you are not required by law to have a lawyer, legal representation can be very beneficial in a DWI case. Indeed, it can make the difference between saving your license and staying out of jail to losing your license and serving a significant prison term. The sooner you speak to a Webster, TX DWI defense lawyer, the better. An attorney can help you understand the charges against you and can develop a strategy to protect your rights, freedom, and future.
What is the Rule for Field Sobriety Testing in Texas?
They are fully optional. Unlike post-arrest chemical tests—breathalyzer tests and blood tests—there is no implied consent law for field sobriety tests in Texas. You will not face any automatic penalties for declining to submit to any type of field sobriety test. Beyond that, you are well within your rights to challenge the validity of an (alleged) failed field sobriety test.
Does a DWI Arrest Mean the Suspension of My Driver’s License?
A DWI arrest in Webster means that your license is at risk. Whether or not it will be suspended—and when and for how long it will be suspended—depends on what comes next. The key point to remember is that DWI arrest in Harris can lead to the suspension of your driver’s license. The suspension is an administrative action that comes first and it is separate from any criminal charges you may face. You have 15 days from the date of your arrest to request a hearing to contest the suspension. If you do not request a hearing, you could lose your license.
What Are the Penalties for a First-Time DWI Offense in Texas?
Penalties for a first-time DWI offense in Texas can include fines, jail time, and license suspension. You might face fines up to $2,000 and jail time ranging from 3 to 180 days. Your driver’s license could be suspended for up to a year. The good news is that many people who are facing allegations of a first-time DWI can avoid any jail time. A top Friendswood attorney can help.
Will I Go to Jail If I Am Convicted of a DWI in Harris County, Texas?
Even a first-time misdemeanor DWI charge in Texas carries the potential for incarceration. That means being sentenced to serve a term in the Harris County Jail is a risk. For a first-time offense, you could face anywhere from 3 to 180 days in jail. Penalties increase with each subsequent conviction or if certain aggravating factors are present. In some cases—such as if a serious crash happened—a DWI charge could potentially escalate to a felony.
Is a Plea Deal the Right Option for My DWI Case in Webster?
It might be. Deciding whether to accept a plea deal in your DWI case depends on many factors. A plea agreement might reduce your charges or lessen the penalties you face. However, accepting a deal means admitting guilt to a crime. With that in mind, it is important to weigh all your options and to consult with an experienced Webster, TX DWI defense lawyer before entering a plea.
Can I Get a DWI Expunged from My Record in Texas?
Yes. It is possible. With that being said, Texas has some of the most restrictive expungement laws in the entire country. Given that, expunging a DWI from your record in Texas can be quite challenging. It’s only possible under specific circumstances. As a general, if your case was dismissed or you were found not guilty, you might be eligible to get your records sealed from public view.
Contact Our Webster, TX DWI Defense Attorneys Today
At The Law Offices of Tad Nelson & Associates, our Webster DWI defense lawyer is devoted to putting the rights and interests of clients first. We are a firm made up of highly experienced DWI defense lawyers. Our legal team has seen it before. If you or your family member is facing a DWI charge, we are here to help. Contact our criminal defense team today for a confidential case review. We defend drunk/drugged driving charges in Webster, Harris County, and beyond.