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Galveston DWI Attorneys
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The Zendeh Del & Associates, PLLC Team
7 Costly Mistakes to Avoid After a DWI Arrest in Texas
Learn what you shouldn't be doing during your DWI case. Submit your information below to download our free PDF guide.
Galveston DWI Lawyers
Understanding the Charges You May Face
A first-offense DWI is charged as a Class B misdemeanor.
It is punishable by:
- A minimum of 72 hours jail time with a range of up to 180 days
- Fines of up to $2,000
- A license suspension of 90 days up to a year
If the offense involves an open container of alcohol, the minimum jail time may be extended to six days. A standard DWI is based on a blood alcohol concentration of .08 percent or law enforcement observation of impairment (even if the BAC is lower than .08 percent). If your BAC measures .15 percent or higher, the DWI is charged as a Class A misdemeanor with fines raised up to $4,000.
A state jail felony occurs when you are found driving while intoxicated with a passenger under the age of 15 at the time. A conviction of this offense is punishable by six months up to two years in jail and a fine of up to $10,000
A third-degree felony occurs when you are arrested for DWI while having two prior convictions (in Texas as well as in other states). This conviction carries penalties of two to ten years in prison and a fine of up to $10,000.
Open Container Laws in Texas
In Texas, a person violates the open container law if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked.
The Texas 15-Day Rule After a DWI Charge
If you are charged with DWI, the state may take your license even before you step foot into a criminal courtroom. That is why it is vital you understand the 15-day rule. Whether you refused a breath, blood, or urine test or you took a test and it resulted in a 0.08 BAC or higher, you only have 15 days to request, in writing, a special hearing to preserve your right to drive. If you do not request this hearing, your license will be suspended.
The 15-day rule applies in the following instances:
- You were administered a breath or blood test and your BAC was over the legal limit of 0.08
- You refused a blood or breath test
- You attempted to take a test but the police said you refused
- You were under 21 when you were arrested and your test showed your BAC was .02 or higher
Our firm can represent you at your hearing to challenge the automatic suspension of your driver’s license.
Why You Need Our Galveston DWI Lawyers
DWI Convictions Can Have Serious Consequences
What to Do When You’ve Pulled Over for DWI in Texas
- Find a safe place to pull over: Do not suddenly stop, drive erratically, speed up, or pull over when it is unsafe. The officer can make note of this in the arrest report and it can be used against you.
- Do not make sudden movements: Keep your hands on the driving wheel at the “10 and 2” position. The officer will approach your vehicle from behind.
- Be polite and courteous: Understand that everything you do or say will be captured on video and can be used against you later.
- Do not lie and politely refuse to answer incriminating questions: While you are required to give the arresting officer certain details, such as your license information and proof that you carry of auto insurance, under the Fifth Amendment, you have the right not to incriminate yourself by answering any other questions.
- Refuse field sobriety tests: Field sobriety tests are not reliable and even sober people often find them difficult to pass. Politely refuse when asked.
- Refuse a breathalyzer test: These are also notoriously unreliable, especially when they are not properly maintained or calibrated. Again, politely refuse.
- After an arrest, refuse breath and blood tests: You are not required to provide a blood sample or blow a breathalyzer test in Texas and your results may be used against you.
- Once released, write down everything you can remember about your arrest: This includes notes about the following:
- Where were you were going?
- How much did you drink?
- Did you intentionally or unintentionally take any drugs?
- How long after drinking or taking the drugs were you arrested?
- What did you say to the officer?
- How did the officer behave?
- How many officer and squad cars were on the scene?
- Where you read your Miranda rights?
Mistakes to Avoid After a DWI Arrest in Galveston
If you’ve recently been arrested for DWI in Galveston, TX, it’s crucial to avoid making certain mistakes that could harm your case. These missteps can make a significant difference in how your situation unfolds. Here are some key mistakes to be aware of.
Talking Too Much to the Police
One of the most common mistakes people make after being arrested for DWI is talking too much to the police. During an arrest, it’s natural to feel nervous or anxious and attempt to explain yourself. However, it is important to remember that you have the right to remain silent. Anything you say to the police can be used against you in court, which can hurt your case. It’s always a good idea to speak to an attorney before answering questions that could compromise your defense.
Delaying Contact with a Lawyer
Another serious mistake is waiting too long to contact a lawyer. Many people think they can handle the situation on their own or believe they don’t need legal help for a first-time DWI charge. This is not true. DWI charges come with serious consequences, including possible fines, a suspended driver’s license, or jail time. The sooner you reach out to a lawyer, the sooner they can begin reviewing the details of your case and start preparing a defense.
Underestimating the Seriousness of the Charge
Some individuals arrested for DWI in Galveston make the mistake of underestimating the seriousness of the charge. Even if it is your first offense, a DWI conviction can have lasting impacts on your life, affecting your job, driving privileges, and even your personal relationships. DWI charges should never be taken lightly, and it’s important to act quickly and decisively to protect your future.
Frequently Asked Questions
If you or a loved one have been recently arrested for DWI in Galveston, you may have numerous questions about what to do next. The following answers to some of the most common questions people in your situation ask can help guide you through this difficult process. Contact a skilled Galveston DWI lawyer who can provide the legal support you need.
After being arrested for DWI, your first priority should be to remain calm and comply with law enforcement. Avoid arguing or making statements that could be used against you. You have the right to remain silent and to consult with an attorney before answering any questions. Once released, it is crucial to contact a Galveston DWI lawyer who can help you navigate the legal process, challenge the charges, and explore potential defenses.
Yes, in Texas, your driver’s license is typically suspended after a DWI arrest. However, you may be eligible for a temporary driving permit or an administrative license revocation hearing. A Galveston DWI lawyer can request this hearing and help you contest the suspension, which can sometimes be avoided or reduced depending on the circumstances of your case.
Even if you failed a breathalyzer or blood test, it is still possible to challenge the DWI charge. The accuracy and handling of these tests can be disputed, and there may be procedural errors or legal defenses that apply to your situation. An experienced Galveston DWI lawyer will evaluate all the evidence in your case to determine the best strategy for fighting the charge.
The penalties for a first-time DWI offense in Texas can range from fines and probation to potential jail time, depending on the circumstances. Typically, for a first offense, you may face fines up to $2,000, a driver’s license suspension, and up to 180 days in jail. However, with the help of a skilled lawyer, it’s possible to reduce the severity of these penalties or have them dismissed.
Several defenses can be raised in a DWI case, depending on the specifics of the arrest and evidence. Common defenses include challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer or blood test, and arguing that you were not intoxicated at the time of the arrest. A Galveston DWI lawyer will carefully review the details of your case and build a defense strategy tailored to your situation.
Whether or not to take a plea deal is a personal decision that should be made in consultation with a Galveston DWI lawyer. While plea deals may offer reduced penalties, you could also be giving up the opportunity to fight the charge and potentially have it dismissed or reduced. A lawyer can help you weigh the benefits and risks of accepting a plea deal versus going to trial, ensuring you make an informed decision.
A DWI conviction can have significant consequences on your job, especially if driving is a required part of your duties. It could also affect your professional reputation and potentially limit future career opportunities. By working with a Galveston DWI lawyer, you may be able to reduce the impact of a DWI charge on your job and personal life.
In Texas, the time frame for challenging a DWI charge varies depending on whether you are contesting the driver’s license suspension or fighting the criminal charges in court. Your Galveston DWI lawyer can provide specific information regarding important deadlines and ensure that your rights are protected throughout the legal process.
In Texas, a DWI conviction may be eligible for expungement or sealing under certain circumstances. However, the process can be complex and requires meeting specific criteria. A Galveston DWI lawyer can assess your eligibility for expungement or sealing and guide you through the legal process to give you the best chance of clearing your record.
Galveston DWI Defense Client Story
This client story is for educational purposes only.
Richard never thought it would happen to him. He had always been a careful driver, someone who followed the rules. But one night in Galveston, everything changed. After leaving a friend’s house, Richard made a quick stop at a convenience store. It was a simple errand, or so he thought. On his way back, he was pulled over. The flashing lights behind him felt like a nightmare come to life. Soon, he found himself arrested for DWI.
His heart sank. He never thought he’d be in this position. The thought of losing his job, his freedom, and his reputation scared him to the core. He knew he needed help, but he didn’t know where to turn. He was overwhelmed with fear and uncertainty.
That’s when Richard found Zendeh Del & Associates, PLLC. After hearing about Jonathan Zendeh Del and the firm’s track record in Galveston, he made the call. Jonathan took the time to listen, really listen, to Richard’s side of the story. He wasn’t just another lawyer; he understood what Richard was going through. He treated Richard like a person, not just another case number.
From the very first meeting, Jonathan made Richard feel like there was hope. He explained the legal process step-by-step, answering all of Richard’s questions and making sure he understood everything. Jonathan knew how to handle DWI cases in Galveston, and he wasn’t afraid to fight for what was right.
As the days went by, Richard started to feel a weight lift off his shoulders. Jonathan and his team worked tirelessly, reviewing evidence, questioning the details of the arrest, and challenging the charges. Jonathan didn’t just accept what was presented; he fought for Richard’s rights every step of the way.
Then, the day of the trial came. Richard walked into that courtroom feeling nervous, but with Jonathan by his side, he wasn’t alone. The defense was solid, and Jonathan’s confidence was contagious. By the end of the trial, the judge ruled in Richard’s favor. He was found not guilty of the DWI charges.
The relief Richard felt was beyond words. He didn’t just get his case dropped; he got his life back. Jonathan Zendeh Del and the team at Zendeh Del & Associates, PLLC didn’t just win a case—they changed Richard’s future.
Contact Zendeh Del & Associates, PLLC for Help With Your DWI Case
If you were arrested for DWI in Galveston, TX, it’s important to have a skilled legal team on your side. The attorneys at Zendeh Del & Associates, PLLC understand the challenges you face and are ready to provide the support you need. With years of experience handling DWI cases in Galveston, our team works hard to build a strong defense to help you achieve the best possible outcome for your case. We know the impact a DWI arrest can have on your life, and we will fight to protect your rights and your future.
Our firm offers free consultations, giving you the opportunity to discuss your case with an attorney without any financial commitment. During this consultation, we will review the details of your arrest and explain your options moving forward. We want to ensure you understand the legal process and the steps we can take to defend your case. Whether you are facing a first-time DWI offense or a more complex situation, Zendeh Del & Associates, PLLC will work tirelessly to provide you with the best possible representation.
If you have been arrested for DWI in Galveston, don’t wait. Contact us today for your free consultation and let our team begin working on your case. Our goal is to give you peace of mind during this difficult time by providing dedicated, focused, and reliable legal help. We are here to protect your rights and fight for your future.
Client Reviews
Jonathan and Natalie have so much expertise in handling evidence, reports, and documentation and my case proved it. They made sure every detail was correct down to the most minuscule piece, and because of that we we’re able to get the case dismissed due to some inaccuracies. Extremely grateful for them!