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Common Myths about DWI Charges

Updated: Aug 2, 2023 @ 10:45 pm

Less than 1 minuteReading Time: Minutes

There are lots of myths surrounding DWI offenses. With over three decades of experience, I’ve come to realize that half-truths and downright falsehoods often cause more trouble than DWI charges themselves.

Let’s review a few of these myths and expose them for what they are. Facts matter.

Myth #1

A DWI is Not a Serious Charge

One might argue that this is the most dangerous myth. The idea that a DWI (Driving While Intoxicated) charge is a minor offense couldn’t be further from the truth.

Texas has some of the strictest DWI laws in the country. Section 49.04 of the Texas Penal Code covers DWI offenses, definitions, and penalties.

If you’re convicted of a DWI offense, penalties may include substantial fines, jail time, and the suspension of your driving privileges.

Furthermore, if you’re ever arrested for the offense in the future, the severity of the criminal charge and classification of the case increases. For persons convicted of multiple DWI offenses, the penalties can rise exponentially.

A third DWI offense is a felony and could mean a prison term. Therefore, a DWI case is anything but insignificant.

Myth #2

You Must Submit to Field Sobriety Tests

The pressure of an officer requesting you step out of your car for a field sobriety test can be overwhelming.

In this situation, you might feel cornered, believing that you don’t have a choice. However, under the Texas Transportation Code, you indeed have the right to politely refuse these tests.

Field sobriety tests are notoriously subjective. The results can be influenced by a myriad of factors outside of intoxication, such as physical conditions or even nervousness.

Myth #3

Breathalyzer Results are Foolproof

Another common misconception is the infallibility of breathalyzers and their results. Although these devices are often a key piece of state’s evidence in DWI cases, they’re not beyond error.

Factors such as calibration, the officer’s handling of the device, or the individual’s medical conditions can have an impact on the results.

As ACS/CHAL Lawyer-Scientists, Attorney Amber Spurlock and I have the knowledge and training to employ scientific rigor to challenge these results. If you believe the science is an issue in your case, our experience can potentially tip the scales in your favor.

Myth 4

There’s No Need for a Lawyer for First-Time Offenses

The belief that a first-time offense does not warrant hiring a defense attorney is fundamentally flawed.

Even if it’s your first run-in with the law, the consequences of a DWI conviction will follow you. It can affect your life in numerous ways, harm your employment prospects, and rest as a stain on your background.

The benefits of hiring an experienced criminal defense lawyer can’t be overstated, especially if you’re working with Tad Nelson & Associates. Our proficiency in law is top-notch. Furthermore, our knowledge of local courts, Brazoria County judges, and prosecutors may help in securing a favorable outcome.

If you’re facing criminal charges for drunk driving or any other criminal offense in Brazoria County, contact our office to schedule a meeting so we can review the matter.

Myth 5

A DWI Charge Means an Inevitable Conviction

Let’s bust this myth wide open. Just because you were arrested and “accused” of drunk driving doesn’t mean the state gets a guaranteed conviction.

If we’re on the case, we have several defense strategies at our disposal. Our defense strategy could be as simple as challenging the legality of the traffic stop. In other cases we’ve challenged the accuracy of the sobriety tests, or the procedures followed during the arrest process.

If your Constitutional Rights were violated, it could be grounds for dismissal.

With our wealth of experience defending people with DWI charges in Angleton and throughout Brazoria County, we know that each case has unique aspects that could be leveraged to your advantage.

Myth 6

You Can’t Afford a Good DWI Lawyer

At Tad Nelson & Associates, we understand that a DWI charge can be a financial burden.

We offer free initial consultations, flexible payment options, and affordable legal fees. Quality legal representation shouldn’t be a luxury reserved for the few but an accessible right for all. If you need to talk with a DWI lawyer, call us.

Facing Criminal Charges for DWI in Brazoria?

Call Us About Your Case Today!

We’re committed to helping people. Mr. Nelson has practiced law in the Greater Houston area since 1991 and knows a thing or two about beating prosecutors in court. Whether your case is in Harris County, Galveston County, Brazoria County, or elsewhere in our region, let our legal team review your case.

Tad Nelson is Board Certified® in Criminal Law by the Texas Board of Legal Specialization.

If you’re seeking legal representation or have questions, give us a call today at 979-267-6081. Our office is open around the clock.

Brazoria County DWI Appeals Lawyer

Board Certified Texas Criminal Law Attorney

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