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.

Blood Warrants

Updated: Mar 5, 2023 @ 8:28 pm

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3 Things to Know Now

Never physically resist a police officer who tells you he is going to draw your blood against your will.
The police can obtain a sample of your blood or urine against your will in certain circumstances.
The No Refusal Weekend policy does not apply to an accident where someone who is not the driver is injured and requires transportation to the hospital, or a felony DWI arrest. But, the officer may apply for a warrant in these cases at his discretion.

INJURY ACCIDENTS

If you are involved in an accident in the State of Texas, and someone other than the driver is injured AND requires transportation to the hospital, the police are allowed to obtain a blood sample from you without your consent and without a warrant. The No Refusal Weekend policy is not implicated in this because state law allows the officer to obtain the blood without a warrant.

FELONY

If you are arrested for any alcohol related felony in the State of Texas and you refuse to provide a sample of your breath or blood, the officer may obtain a sample of your blood without your consent and without a warrant. This situation, like the injury accident situation, does not implicate the No Refusal Weekend policy since it is permitted by state law.

What to do in a forced blood draw

If the police tell you they are going to take your blood without your consent DO NOT RESIST. Resisting the police in this case will increase the chance you could be injured, and may result in additional charges against you.

If the police did not have the legal right to take your blood against your will, then we can fight the admissibility of the results from that blood sample in court.

The police should have better training than you in which situations they may forcibly take your blood from you. If they make a mistake, then you will likely have legal options on what to do about this assault against your person. If you resist or fight the officer your legal options dwindle.

Courts and society do not like it when police officers are assaulted or struggled with in the performance of their duties. Even if you believe you are in the right, you fight a losing battle against a police officer set on drawing your blood.

When you are released from jail it is not a bad idea to seek medical treatment if you have any sort of infection or reaction after the police have taken your blood. Your health is important, and if your health has been jeopardized by unsterilized or improper medical treatment, you need to seek the advice of your private physician.

If you need to discuss the matter with an experienced Texas criminal-law attorney, contact The Law Offices of Tad Nelson & Associates immediately at 281-280-0100.