What are my legal options if I’m charged with DWI in Houston?

If you’re arrested for drunk driving, we have at least 3 options for dealing with the charge within the confines of Texas law. We can attempt to get the case dismissed, work out a deal with the Harris County Dist. Atty’s Office, or we can fight the charge, head-on, in a full-blown trial.

Is it possible to beat a Houston DWI charge in Harris County?

Absolutely. The Law Offices of Tad Nelson & Associates wields a distinctive set of credentials, training, and is an asset to anyone facing criminal charges related to DWI in Houston. Although every case is different, we also have a solid record of winning in court for our clients.

Can I avoid jail time if I’m convicted for drunk driving?

In short, yes. In reality, there are a number of different factors involved in each and every case we’ve seen in our experience as Houston DWI attorneys. Probation is usually a possibility for most persons that are convicted of DWI in Houston. However, there are no guarantees.

How much jail time can I get if I’m convicted of DWI?

A determination on jail sentencing is the sole priority of the court within the guidelines of Texas criminal law. Depending on the frequency of DWI offenses incurred by the defendant, and the severity of additional factors, a jail sentence could be as short as a few days, to life.

Can you help with truck driver DWI cases involving a CDL?

As a matter of fact we can. The Law Offices of Tad Nelson & Associates is among the premier law firms in Texas for DWI defense. Both lawyers on our Houston DWI defense team are Certified ACS/CHAL Lawyer-Scientists, with Tad Nelson holding a Board Certification.

Will I lose my Texas Drivers’ License if I’m charged with DWI?

In Texas, if you’re arrested for DWI or DUI, the process of Administrative License Revocation is initiated for the purpose of automatically suspending your Texas Drivers’ License. Houston DWI lawyer Tad A. Nelson may be able to intervene, and prevent TDL suspension.

What Are the Steps After a DWI Arrest?

January 27, 2022

Updated: Jul 9, 2023 @ 2:23 pm

Less than 1 minute Reading Time: Minutes

If you are arrested for driving while intoxicated (DWI) under Texas law, what steps do you need to take (or avoid) after the arrest in order to stand the best chance of beating the charges you are facing or avoiding many of the serious repercussions associated with a DWI conviction? And what should you expect to happen following the arrest? Our Houston DWI defense attorneys can discuss the steps in a DWI case with you today.

Think Carefully About Refusing a Breathalyzer or Other Chemical Test

After you have been arrested for a DWI in Texas, it is critical to understand that you have given implied consent to have your blood alcohol concentration (BAC) assessed with a chemical test. Although you can refuse a breathalyzer test, doing so can result in an automatic 180-day driver’s license suspension and, potentially, additional penalties depending upon your previous record.

Hire a Texas DWI Defense Lawyer

The next step that you need to take, as soon as possible, is to hire a Texas DWI defense attorney. The sooner you begin working with an experienced defense lawyer, the sooner you can begin working on a strategy to beat the DWI charges you are facing. Your DWI defense lawyer can also provide you with detailed information about what you should expect from your case moving forward.

Request an Administrative License Revocation Hearing

As soon as possible, you should also request an administrative license revocation hearing. Texas requires a person to request this type of hearing within 15 days from the date that you receive a notice of your driver’s license suspension, which usually coincides with your DWI arrest.

By requesting a hearing, you can continue to drive until your hearing and ultimately may be able to keep your license if you prevail at the hearing.

First Appearance for the DWI Case

The “first appearance” is the first time you will appear in court after your arrest. At a first appearance, you will provide the court with basic information such as the name of your attorney, and another court date will be set for your case. You should ensure that you have a lawyer on your side. While you can still hire a DWI defense lawyer after your first appearance, it is helpful to be developing your defense strategy with an experienced attorney before this stage.

DWI Prosecution and Your Defense

Next, you should anticipate that the prosecution of your DWI case will move forward. The prosecutor will need to prove that you violated Texas DWI laws by driving while intoxicated.

To convict you, the prosecutor will need to show that you had an alcohol concentration of 0.08 or higher, or that you did not have “the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”

A strong defense strategy will be essential to show that you were not intoxicated according to the Texas Penal Code. Your defense strategy should be tailored to the specific facts of your case. Depending upon the circumstances of your case, a plea bargain may be a possibility if beating the charges seems unlikely.