DWI and Law

I review of Texas laws as it relates to criminal cases involving instances of Driving While Intoxicated.

DWI With a Minor: What You Need to Know

DWI With a Child in Houston, TX

If you’re Driving While Intoxicated (DWI), and have a minor below the age of 15 in the vehicle, you could be fined as much as $10,000 and be sentenced to up to 10 years in prison if you’re found guilty in the court of law for such an offense.

A friend of mine, lets call him “Samuel”, had to undergo a similar experience when he tried to pick up his child from school, all while being drunk. He is currently sentenced to around a year in prison. Also, he was asked to go up for a 12-hour course on alcohol and drunk driving, which he had to complete within 180 days of probation.

Additionally, even if you do get away with the minimum jail term, which is around 18 days, a felony DWI charge can affect your livelihood.

In just August last year, a drunk student caused an accident that killed a man and injured his pregnant wife.

The student was charged with third-degree felony. Regardless of whether or not he graduates, potential employers may decide against hiring this young man.

A DWI Conviction Will Affect Driving Records

And Appear as a Criminal Record

Driving Records include records of all information related to driving, for example, information about the driving license, its expiry date, any tickets against you, violations charged to your vehicle etc. It may be necessary to access driving records in two situations – one, when you want to access your own driving record, and two, when you want to access someone else’s driving record.

You might want to access your own driving record to confirm the expiry of your license, list of your tickets and violations. It is wise to keep a check as a simple thing as a suspended license could lead you to jail, but if you are reminded of it, you can address the suspension.

You might similarly want to check the driving records of another person if you are hiring them. For example, while hiring drivers for taxis, it is important to review that their licenses are current and that they don’t have any pending tickets.

If you’ve been charged with a DWI felony, chances are any future employer would know about it when carrying out a background check, and it is important that

What’s the Penalty for a Texas DWI Conviction?

DWI Lawyers in Houston are often asked this question by their clients and potential clients. We always explain that the punishment depends on;

  • the situation that created the arrest,
  • the specific DWI offense,
  • and any prior criminal history of the accused with a special focus on prior Driving While Intoxicated offenses and convictions

LEARN MORE

The High Cost of Being Convicted of DWI

The penalty for Driving While Intoxicated, in most cases, is quite severe. Where you have been arrested for DWI and are adamant to fight the charge one ought to understand the defenses available to them. With a proper defense one might just evade conviction, suspension of a license, and ultimately get acquitted. In a DWI case, the prosecution has to prove two things.

The Prosecution Must Prove Guilt

First that the defendant was the person driving the vehicle in question, and secondly, that the defendant was under the influence of a drug, for example, alcohol, another intoxicating drug,, or a combination of drugs. And to prove this, in cases where the defendant has been accused of a serious offense, a blood test may be necessary to prove that the defendant was indeed intoxicated.

One defense a defendant may have is that the officer involved in the case did not actually pull them over while were driving the vehicle, which is the reality in most DWI cases. For example, where an officer did not in person observe you driving the vehicle or where the officer found you behind the steering wheel of your car in its stationery state, the issue of DWI will become debatable.

Drunk Driving Defenses

Another strong defense a defendant may have in a DWI case is that there was no probable cause to stop the defendant in his vehicle and subsequently arrest him/her for DWI. Any evidence a defendant may present on the process of arrest will be considered in the court process. For example, where one is of the conviction that they were arrested as a result of their race or ethnicity, and not for reasons of erratic driving or apparent intoxication.

Intoxication Manslaughter: A Serious Felony

However, in instances where one has been charged with Intoxication Manslaughter, defense becomes infinitely harder. The consequences for this type of offense are severe for all parties involved; the injured party as well as the accused. Intoxication Manslaughter is considered a felony crime in most jurisdictions and generally carries a sentence of between two to twenty years imprisonment and possible fines that could be as much as $10,000.

Intoxication Manslaughter differs from manslaughter and vehicular manslaughter on the premise that these two demand some proof of recklessness. However, for Intoxication Manslaughter, once it has been proven that you were indeed intoxicated while driving the vehicle in question, the law will automatically make the presumption of the act being reckless on its own. Therefore, no further proof is required to show reckless driving and a conviction and/or fine is eminent.

Best Houston Attorneys For DWI, Drunk Driving, & DUI Cases

Texas DWI Defense - Man in Jail

When you set out to hire a Houston DWI attorney you’re better off if they’re a former prosecutor, has handled thousands of DWI cases, and knows how to overcome allegations of drunk driving in the court of law.

Your defense is important.

If charged with a DWI related criminal offense then you may, in all likelihood, lose your right to legally operate a motor vehicle in the state of Texas due to a process called Administrative License Revocation.

Loss of Texas Drivers License

Administrative license revocation is a process by which the state of Texas automatically suspends your driver’s license for up to 180 days based on criminal charges alone, regardless of whether there has been a guilty finding in the court of law, or not.

Most respectable Houston DWI Lawyers offer a free consultation to persons seeking legal advice and/or legal representation in response to being charged with DWI.

DWI Charges Are Serious in Texas

Texas DWI Defense - Man in JailA DWI (Driving While Intoxicated) related criminal charge is taken seriously by the state of Texas.

Any experienced Houston DWI defense focused attorney knows how serious it is to properly prepare to defend a person accused of such a crime. Deliberate preparation is important for the outcome of the case, the freedom of defendant. Most competent law firms understand this.

If you’re convicted of a DWI offense you may lose your job, experience problems with your family, be forced to serve jail time, and face the residual detrimental effects of the offense due to a criminal record showing on your background.

A Skilled Houston DWI Lawyer

Fortunately, Houston DWI Lawyer Tad A. Nelson is a well-known and highly respected lawyer when it comes to defending people accused of DWI in Houston. He’s a former prosecutor and is well aware of the steps prosecutors take when preparing their cases against defendants, and will use his experience to your benefit if you are his client.

When you’re arrested for DWI you’re only experiencing the first step in the process. While you may not be forced to serve jail time, you will be initially jailed until you make bond or are released on bond.

Once you post bond, you have a better opportunity to gain a better perspective on the gravity of the situation. You may be facing jail time, financial penalties, loss of driving privileges, and other restrictions.

Avoiding Jail Time & Loss of Drivers License

There are a number of ways to prevent the loss of your Texas Drivers License and confinement. By quickly contacting Houston DWI lawyer Tad A. Nelson you’ll give us a better opportunity to give you a better understanding of any potential fines or jail time you may be facing based on the details of your case. You’ll also get an opportunity to learn about options we may employ in an effort to defend you from what will be an aggressive prosecution by Harris County.

One Dallas Criminal Lawyer believes that a criminal conviction can change your life in an instant.

DWI Defense Practice Areas

Accused of a DWI offense in southeast Texas? Contact attorney Tad Nelson immediately so we can prevent the administrative suspension of your Texas Drivers’ License by calling our law firm at 713-802-1631.

Houston Attorney For DWI & DUI Cases