Pulled Over On I-45 And Arrested For DWI? How These Cases Are Handled In Galveston County
Pulled Over On I-45 And Arrested For DWI? How These Cases Are Handled In Galveston County
A traffic stop on I-45 can change your life in a matter of minutes. One moment you are heading toward Galveston or back to Houston, and the next you are standing on the shoulder of the highway being questioned about alcohol. Many people assume a DWI arrest means an automatic conviction. That is not how Texas law works. Every DWI case in Galveston County must meet specific legal standards, and the State has the burden of proof.
We represent individuals arrested for Driving While Intoxicated throughout Galveston County and the greater Houston area. We understand how these cases are investigated, prosecuted, and defended. Below, we explain how a DWI case typically unfolds under Texas law and what you should expect if you were arrested on I-45.
What Counts As DWI Under Texas Law?
In Texas, Driving While Intoxicated is defined by Texas Penal Code § 49.04. A person commits DWI if they are intoxicated while operating a motor vehicle in a public place.
Under Texas Penal Code § 49.01, “intoxicated” means either:
- Not having the normal use of mental or physical faculties because of alcohol, drugs, a controlled substance, or a combination of those substances; or
- Having an alcohol concentration of 0.08 or more.
The State does not have to prove both. If prosecutors can show you did not have normal use of your faculties, that alone may support a charge. On the other hand, a blood or breath test showing 0.08 or higher can also support a case even if you appeared steady on your feet.
How DWI Traffic Stops Begin On I-45
Many DWI arrests on I-45 begin with an alleged traffic violation. Officers may claim:
- Speeding
- Failure to maintain a single lane
- Following too closely
- Expired registration
- A defective taillight
Under the Fourth Amendment and Texas law, law enforcement must have reasonable suspicion to stop your vehicle. If there was no valid legal reason for the stop, any evidence gathered afterward may be subject to suppression.
After the stop, officers often look for “clues” of intoxication, such as:
- Odor of alcohol
- Bloodshot eyes
- Slurred speech
- Open containers
- Admissions about drinking
What you say during this interaction matters. Statements made roadside are often recorded and later used in court.
Field Sobriety Tests And Roadside Investigation
If the officer suspects intoxication, you may be asked to perform standardized field sobriety tests. These usually include:
- Horizontal Gaze Nystagmus test
- Walk-and-turn test
- One-leg stand test
These tests are designed to detect impairment, but they are not perfect. Medical conditions, fatigue, nerves, poor lighting, and uneven pavement on I-45 can affect performance.
We carefully examine whether the officer properly administered the tests according to National Highway Traffic Safety Administration guidelines. Even small deviations can undermine reliability.
You may also be asked to provide a preliminary breath test. This device is typically used for probable cause purposes and is not the same as the evidentiary breath test performed later.
Arrest And Chemical Testing
If the officer believes there is probable cause, you may be arrested and transported to jail. At that point, you will be asked to provide a breath or blood sample.
Texas has an implied consent law under Texas Transportation Code § 724.011. By driving on Texas roads, you are deemed to have consented to chemical testing if lawfully arrested for DWI.
You can refuse testing. However, refusal has consequences. Under Texas Transportation Code § 724.035, a refusal can trigger an automatic driver’s license suspension. If you submit and test at or above 0.08, your license can also be suspended under Texas Transportation Code § 724.022 in certain circumstances.
In many cases, officers now seek search warrants for blood draws. Judges in Galveston County are often available to review electronic warrant applications at all hours. A forced blood draw may occur if a warrant is issued.
The Administrative License Revocation Process
After a DWI arrest, there are two separate legal tracks:
- The criminal case in court
- The Administrative License Revocation, or ALR, case with the Texas Department of Public Safety
You have only 15 days from the date of arrest to request an ALR hearing. If no request is made, your license suspension may begin automatically.
The ALR hearing gives us an opportunity to challenge:
- Whether the officer had reasonable suspicion to stop you
- Whether there was probable cause to arrest
- Whether you refused or failed a test
It also allows us to question the arresting officer under oath. That testimony can later be used in your criminal case.
How DWI Charges Are Classified In Texas
A first-offense DWI is typically a Class B misdemeanor under Texas Penal Code § 49.04. If your alcohol concentration was 0.15 or higher, the charge may be enhanced to a Class A misdemeanor.
Penalties for a first offense may include:
- Up to 180 days in jail
- A fine up to $2,000
- License suspension
- Mandatory alcohol education
- Installation of an ignition interlock device
A second DWI is usually a Class A misdemeanor with increased penalties. A third DWI can be charged as a third-degree felony, carrying potential prison time.
If there was a child passenger under 15, the charge may fall under Texas Penal Code § 49.045, which is a state jail felony.
How DWI Cases Are Handled In Galveston County Courts
Most DWI cases in Galveston County are filed in County Courts at Law. Felony cases are filed in District Court.
The process generally includes:
- Arraignment
- Pretrial settings
- Motion hearings
- Possible plea negotiations
- Trial
During pretrial stages, we evaluate:
- The legality of the stop
- The arrest procedure
- The accuracy of breath or blood testing
- Chain of custody
- Laboratory procedures
Blood testing is often performed at forensic labs. We examine maintenance records, analyst qualifications, and possible contamination issues.
Not every case goes to trial. Some cases may qualify for dismissal, reduction, or pretrial diversion depending on the facts and your criminal history.
Possible Defenses In A Galveston DWI Case
Every DWI case is fact-specific. Common defense strategies may include:
- Challenging the traffic stop
- Arguing lack of probable cause
- Contesting field sobriety test reliability
- Questioning breath machine calibration
- Attacking blood draw procedures
- Raising medical explanations for test results
In some cases, rising blood alcohol arguments apply. Alcohol absorbs into the bloodstream over time. A test taken an hour after driving may not accurately reflect your level while operating the vehicle.
We also evaluate whether officers complied with constitutional protections. If your rights were violated, courts can suppress evidence.
Collateral Consequences Of A DWI Conviction
A DWI conviction affects more than just your record. Consequences may include:
- Higher insurance premiums
- Employment issues
- Professional license complications
- Immigration consequences
- Travel restrictions
Unlike many other misdemeanors, a DWI conviction cannot be sealed through an order of nondisclosure in most circumstances. That makes defending the charge critical.
Frequently Asked Questions About DWI Arrests In Galveston County
Can The Police Arrest Me For DWI Without A Breath Or Blood Test?
Yes. Texas law does not require a chemical test to support a DWI charge. Under Texas Penal Code § 49.04, intoxication can be proven by loss of normal mental or physical faculties. Officers may testify about your driving behavior, appearance, speech, and performance on field sobriety tests.
That said, cases without chemical evidence are often more defensible. Jurors tend to expect a number. If there is no breath or blood result, the State must rely heavily on officer observations. We analyze body camera footage, dash cam video, and witness statements to test the credibility of those claims.
What Happens If I Refuse The Breath Or Blood Test?
Refusal triggers the Administrative License Revocation process. Under Texas Transportation Code § 724.035, your license can be suspended for 180 days for a first refusal. A prior alcohol-related enforcement contact can increase that period.
Refusal does not automatically mean you will be convicted. In some cases, refusal removes potentially damaging chemical evidence from the case. However, prosecutors may argue that the refusal shows consciousness of guilt. We address that issue strategically depending on the facts.
Will I Go To Jail For A First DWI In Galveston County?
Jail is possible but not mandatory in every case. A first-offense DWI carries a minimum confinement of 72 hours under Texas law, though judges sometimes credit time served at arrest.
Many first-time offenders may be eligible for probation. Conditions can include community service, fines, classes, and an ignition interlock device. The outcome depends on your record, the facts, and how the case is handled early on.
Can A DWI Be Dismissed?
Yes, but not automatically. Dismissals may occur if:
- The stop was illegal
- Evidence is suppressed
- Lab results are flawed
- Witnesses are unavailable
Each case requires a detailed review. Early intervention can identify weaknesses before they become harder to challenge.
What Is An Ignition Interlock Device?
An ignition interlock is a breath-testing device installed in your vehicle. It prevents the car from starting if alcohol is detected. Courts often require interlock devices as a bond condition or probation term.
In some cases, we can request modifications or removal depending on the circumstances and compliance history.
How Long Does A DWI Case Take In Galveston County?
Some cases resolve in a few months. Others take a year or more, especially if blood testing is involved. Lab backlogs can delay results. We use that time to investigate and prepare defenses.
Rushing into a plea without reviewing evidence can have long-term consequences. Careful preparation matters.
Can I Travel Or Leave The State While My Case Is Pending?
Bond conditions vary. Many defendants are allowed to travel within Texas. Travel outside the state may require court approval. Violating bond terms can result in revocation and arrest.
We review bond conditions carefully and request modifications when appropriate.
Will A DWI Stay On My Record Forever?
A conviction generally remains on your criminal record permanently. Texas law does not allow nondisclosure for most DWI convictions. In limited cases involving deferred adjudication under newer statutes, nondisclosure may be possible after a waiting period, but eligibility is strict.
Avoiding a conviction when possible is critical for long-term record protection.
Call Mark Diaz & Associates For A Free Consultation for DWI Defense
A DWI arrest on I-45 does not define your future. The decisions made in the days and weeks after your arrest can significantly affect the outcome. At Mark Diaz & Associates, we represent clients in Galveston and throughout the city of Houston, Texas.
When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.
If you were arrested for DWI in Galveston County, contact our Galveston DWI defense lawyers at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. The sooner we review your case, the more options we may have to protect your license, your record, and your future.
(409) 515-6170