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Galveston DWI Attorneys

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Galveston County DWI Attorneys Brian Foley and Luis Baez are both former prosecutors and members of the exclusive vehicular crimes team.   This means that they have training related to DWI cases from a simple DWI first to Intoxication Manslaughter and other DWI cases where there is serious bodily injury or death.  The science behind breath and blood tests can be complicated and intimidating.  You need someone who has experience in fighting DWI cases involving chemical tests on your side.  The State will have expert witnesses that are motivated to convict you of DWI and suspend your driver's license.  If you have been arrested in Galveston for a Driving While Intoxicated charge then you owe it to yourself and your family to call us today!  Here are two things you need to know if you have been arrested for DWI in Galveston, Texas.  â€‹

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  1. If you fail or refuse to take a breath or blood test, we only have 15 days to request a hearing to save your driver's license.                                                                                                                    

  2. Even if you think you're guilty, we may still be able to avoid a conviction for DWI.

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Many DWI cases in Galveston, Texas, often initiate from a traffic violation or a collision. Following these incidents, law enforcement typically instructs individuals to undergo field sobriety tests, such as an eye examination, a nine-step walk and turn, and a one-leg stand. Post these assessments, officers present a document, asking for a breath or blood sample. If one refuses and the police fail to secure a warrant for blood, the case is treated as a "refusal." In such instances, the State may seek to establish DWI guilt based on impaired mental or physical faculties rather than an alcohol concentration exceeding 0.08.

For personalized advice, don't hesitate to contact us for a free consultation. We're here to explore the various legal options specific to your case, taking into account the unique circumstances in Galveston, Texas.

Punishment Range: Class B offenses could result in imprisonment for 0-180 days and fines of up to $2,000. Understanding the local legal landscape in Galveston is crucial when navigating DWI cases in this region.

PUNISHMENT RANGE: Class B 0-180 days in jail and up to a $2,000 fine.

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Galveston DWI - Second Offense

If you underwent a roadside breath test, it may not be admissible in trial against you. Only a certified and properly maintained Intoxylizer device, securely stored, is deemed acceptable for use during a jury trial. Effectively challenging a breath test involves exploring various avenues, such as scrutinizing temperature variations, addressing maintenance log discrepancies, and presenting challenges under Texas Rule of Evidence 702 to contest the credibility of State witnesses. For tailored advice specific to your situation, reach out for a free consultation. We're here to delve into the nuances of your case and explore the available legal options, accounting for the distinct factors in Galveston, Texas.

PUNISHMENT RANGE: Class B 0-180 days in jail and up to a $2,000 fine, Class A 0-365 days in jail and up to a $4000 fine if over .15 alcohol level. 

Galveston DWI - Third Offense

DWI  - Third or more offenses are almost always accompanied by bond conditions requiring you to report to a  probation office and install a device in your car that measures the alcohol content of your breath.  Harris County Judges often require these things even prior to being convicted of a criminal offense.  You need to have an attorney that isn't afraid of trial on a DWI - Third because the punishment range increases dramatically. 

PUNISHMENT RANGE: Third Degree Felony, 2-10 years prison and up to a $10,000 fine.

Even if law enforcement has taken your blood, there's still a chance to avoid a conviction. Blood collection in DWI cases in Galveston, Texas, often deviates from proper legal procedures, potentially compromising the validity of the samples. Surprisingly, even cases with high blood alcohol levels can be successfully contested, particularly if the client doesn't exhibit signs of intoxication in video footage during the field sobriety testing phase. Brian and Luis, as integral members of the vehicular crimes team, have acquired comprehensive knowledge of DWI blood draw investigations, covering the entire process. They were regularly dispatched to the scenes of DWI crashes involving serious bodily injury or death. For personalized guidance, contact us for a free consultation. We're here to explore the specific legal options available in your case, considering the intricacies of Galveston, Texas.

Punishment Range: Class B offenses may result in imprisonment for 0-180 days and fines of up to $2,000. Class A offenses may lead to imprisonment for 0-365 days and fines of up to $4,000 if the alcohol level exceeds 0.15. Understanding the local legal landscape in Galveston is crucial when navigating DWI cases in this region.

Galveston DWI w/Child

A DWI with a child passenger under 15 years old escalates to a State Jail Felony, even for a first offense. The challenges in a DWI with a child passenger mirror those of typical DWIs, but the presence of the child significantly influences how prosecutors and jurors assess the case. In scenarios where a DWI might be dismissed if treated as a misdemeanor, the presence of a child passenger may require a successful trial outcome to convince prosecutors to dismiss the charges. For personalized guidance in your case, contact us for a free consultation. We're here to navigate the complexities of your situation, considering the specific factors in Galveston, Texas.

PUNISHMENT RANGE: State Jail Felony, 6 months - 2 years in a State Jail Facility and up to a $10,000 fine.

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Galveston

Intoxication Assault and Intoxication Manslaughter

Brian and Luis are both former prosecutors and members of the elite Vehicular Crimes Unit.  This means that they were dispatched to the scene of the most serious intoxication assault and intoxication manslaughter cases.  They know how the government investigation proceeds from beginning to end.  Because of this experience they know all the things the government should have done and all the things that can go wrong.  If you or a loved one has been arrested for intoxication manslaughter or intoxication assault in Houston this type of investigation has likely already occurred.  You need someone working with you now to maximize your chances of getting a successful outcome. 

PUNISHMENT RANGE: Third Degree Felony - Intox. Assault  2-10 years prison and up to a $10,000 fine.  Second Degree Felony - Intox. Manslaughter 2-20 years prison and up to a $10,000 fine. 

Did you know this about DWI?

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Driver's License Hearings 

In a DWI you are prosecuted by two different agencies, the Harris County DA's office prosecutes the DWI and the Texas Department of Public Safety prosecutes your driver's license case.  
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