Driving While Intoxicated (DWI) is one of the most common charges in the Galveston area, and our firm devotes a lot of time and resources toward beating these charges.

We have a team of experienced former prosecutors, judges, and DWI scientists who have developed a playbook for getting DWI charges dismissed.

DWI in Galveston

Galveston is cracking down on DWIs. A new task force has significantly increased the number of people arrested on DWI charges since the safety unit began. In 2021, 207 people were arrested, but in 2022, that number shot up to 481.

According to records from the Texas Department of Public Safety, Galveston County ranks No. 16 out of 254 counties for the number of DUI/DWI-related car crashes.

The consequences of a DWI conviction are potentially severe. They include fines, jail time, and reduced (or lost) driving privileges. Additionally, you may also face other collateral consequences, including higher auto insurance rates.

But being arrested and charged does not mean you will necessarily have to suffer these consequences. At Michael & Associates, we believe that a single mistake should not derail the rest of your life, and that’s why we fight extremely hard for the best outcome possible. Our #1 goal is always a dismissal.

But after your arrest, you must act quickly.

The Michael and Associates DWI Team

Michael & Associates is a premium firm we’ve established to get you the best outcome possible. We only hire seasoned attorneys with a track record of excelling at defending clients.

Charles Pelowski – Head Galveston Trial Attorney

Charles Pelowski is a seasoned criminal defense attorney with a rich career spanning over a decade. He currently holds the position of Senior Trial Attorney at Michael & Associates. His journey in the legal field began as a Public Defender, eventually leading him to oversee the Houston office of Texas’ largest criminal defense firm before joining Michael & Associates.

With a proven record in handling criminal cases across the state, from minor infractions to high-profile murder cases, Charles has demonstrated his prowess in dozens of jury trials and successful appeals. His approach to defense is marked by creativity, a deep commitment to the jury trial system, and an unwavering pursuit of justice. Charles firmly believes that sound investigations are the cornerstone of preparing a defense.

Dedicated to the principles of freedom, Charles’s extensive trial skills and strategic insights make him a formidable advocate for those accused of a crime in the Greater Houston area.

Testimonials

Best legal advice I’ve ever received. Highly recommend if you need quality legal services for an understandable price. Extremely well-mannered & treated my family with extreme respect throughout the entire process. Lawrence M.

From the moment of our consultation, I knew I had contacted the right law firm. Their honesty and excellent communication stood out, and Charles Pelowski was worth every penny! Myeshia R.

Recent Case Results

If you feel hopeless about your case, we have beaten more challenging cases with worse circumstances. Our goal is always a dismissal or the best outcome possible. Here are a few recent DWI cases we have successfully fought:

1st DWI – Case Dismissed

Allegations: Police pulled over our client, alleging he swerved between lanes. The client failed a field sobriety test and was taken to the police station.

Result: The case was dismissed after a motion to suppress illegally obtained evidence.

2nd DWI – Charges Were Reduced

Allegations: A client was pulled over and refused to take a breathalyzer test. The client failed a field sobriety test and was taken into custody. This was the client’s second offense.

Result: We negotiated a plea deal with a lesser charge of reckless driving 

1st DWI – Case Dismissed

Allegations: Our client was arrested after running a stop sign. Police officers administered a breathalyzer and blood test.

Result: Case Dismissed

What Constitutes Driving While Intoxicated?

Texas Penal Code § 49.04 specifies that Driving While Intoxicated means you are “intoxicated while operating a motor vehicle in a public place.” Intoxication means that you don’t have normal control of your mental or physical faculties due to drug or alcohol consumption.

Most of our DWI cases are alcohol-related, and the legal Blood Alcohol Concentration limit is 0.08 or higher. Usually, your BAC will be confirmed with a blood or breathalyzer test, but you can still be arrested and charged if you aren’t tested.

It is your constitutional right to refuse breathalyzer or blood tests, and you should refuse all field testing, including the portable breathalyzer. These can be notoriously inaccurate. 

However, if you’re arrested, the stakes change. The state can (and will) suspend your driver’s license and use your refusal against you in court. Plus, in many places, they will simply get a warrant that requires you to take the test. Police will obtain a sample by force if necessary.

Once police read your rights, ask what will happen if you refuse the breath test. If they say they’ll take your blood instead, consent to the breath test.

Failing either test could cost you your driving privileges for up to 90 days for a first offense. However, breathalyzer results may be easier to challenge in court, and if there are drugs in your system, they will not be detected with a breath test.

Types of DWI Charges and Sentencing Guidelines

There are different types of DWI in Texas, each with its own penalties and punishments.  Additionally, prosecutors and courts treat different types with different degrees of scrutiny.

First Offense

First-time DWI convictions can carry penalties of up to a year in jail, up to a $2,000 fine, license suspension, and conviction that remains on your record for life. Penalties increase if you have a criminal record or if the incident involves an aggravating factor.

Fortunately, our success rate in challenging first-time DWIs is exceptionally high – the majority of our clients end up with dismissals, plea deals, or deferred adjudication (which is basically probation without a conviction).  

Additionally, if your case is handled well, you can have your record sealed and deleted for a first-time DWI.

But you need an attorney who knows the game and its key players.

Second Offense

A second DWI is more severe than the first. In Galveston, the second DWI offense is a Class A misdemeanor with a $4,000 fine and a maximum jail sentence of one year.  A conviction is permanent and requires a minimum three-day jail sentence, even if you get probation.  Probation can last up to 24 months.

Deferred adjudication is not an option for a second DWI offense. 

You need an attorney who is going to fight hard. The only ways out are acquittal or dismissal.    

3rd+ Offense

A third DWI is a felony and can result in up to ten years in a Texas Department of Criminal Justice prison. The minimum sentence is ten days in jail, and fines can be as high as $10,000.

Even if a conviction for one of your prior DWIs was deferred and you only have one conviction on your record, you can still be charged with 3rd+ DWI.  

Third DWIs can be beaten, but it will require more legwork. You will need an experienced attorney who will review every detail of your case and craft an aggressive defense.  At Michael & Associates, we have an experienced team that will help you navigate every step of the process to get the best possible outcome. 

Additional DWI Charges and Enhancements

Additionally, there are what are known as DWI enhancements – aggravating factors that result in more severe penalties. They include:

• DWI .15+: This charge happens if your testing shows a blood alcohol concentration of .15 or higher. It’s a Class A misdemeanor.
• DWI with an open container: This happens if you are pulled over with an open container of alcohol. Convictions require a minimum six-day jail sentence.
• DWI with a child passenger: A DWI with a child under the age of 15 in the vehicle is a felony and can result in a prison sentence of up to 24 months.

Impact of a DWI on your Driver’s License

In addition to DWI’s criminal penalties, you could lose your driving privileges.

Unless you request an Administrative License Revocation (ALR) hearing within 15 days of your arrest, the Texas Department of Public Safety will automatically suspend your driver’s license about 40 days after your arrest. And if you lose that hearing, your license will still be suspended.

Typically, the suspension is between 90 and 180 days. If you have a commercial driver’s license, it is likely to be longer.

Request an ALR Hearing

The ALR process allows you to keep driving until the hearing takes place. It’s an administrative hearing – not a criminal one – where a DPS official will determine whether you can keep your driver’s license. You don’t even have to attend the hearing. If you contact us within 15 days of your arrest, we can request the hearing on your behalf, and our experienced ALR team will represent you. 

The hearing does more than protect your driving privileges. It allows us to hear the evidence against you, which, in turn, helps us figure out a strategy. But winning the hearing is also important, so we have experienced former ALR prosecutors to represent you, and they have an excellent success record. 

If the hearing doesn’t go in your favor, we will file for an Occupational Driver’s License. This is the only way to legally drive with a suspended license.  

We’re proud to say we can’t remember a single time when a defendant could not continue driving after a DWI charge.

DWI consequences can be severe if not handled properly. But breathe a sigh of relief. At Michael & Associates, we never expect clients to get anywhere near the maximum penalties and have a great success rate at getting dismissals and reductions.

What Are the Actual Outcomes and Penalties of DWI Charges?

Though the penalties certainly sound scary, the reality is that the actual case outcomes are far less severe than you might think.

This is because the justice system in Galveston is a bargaining system (at least most of the time). In reality, most individuals who hire a competent DWI attorney will have a far better outcome.

Case Outcomes 

The first thing to understand about a DWI charge is the case outcome.  Most cases don’t go to trial — instead, an outcome is typically negotiated with the prosecutor.  

Options can include: 

• Deferred adjudication
• Probation
• Reduced charges
• Participation in a pretrial diversion program

Impact of a DWI on Auto Insurance Rates in Galveston

A DWI conviction will most likely increase your auto insurance rates. In Galveston, the average annual cost of car insurance is $1,986. One DWI can raise those rates by 30% on a full-coverage policy to just over $2,500 annually. Drivers who carry minimum liability policies could end up paying almost $1,500 a year.

There are other factors that will determine the amount you’ll pay, including your age and gender. 

Annual Breakdown by Gender

	Male	Female
Without DWI Conviction	$1,774	$1,750
With DWI Conviction	$2,732	$2,695
Increase	$958	$945

Annual Breakdown by Age

	Without DWI conviction	One DWI conviction	Increase
Teens	$5,000	$7,700	$2,700
20s	$2,151	$3,312	$1,161
30s	$1,746	$2,688	$943
40s	$1,687	$2,598	$911
50s	$1,500	$2,310	$810
60s	$1,563	$2,407	$844
70+	$1,935	$2,979	$1,044

Other Consequences of a DWI 

• Employer background checks: A DWI conviction will go on your permanent record and show on any employer background check.  Employers can refuse to hire you based on this.
• Commercial Driver’s License restrictions: You may lose the ability to drive for a living.
• Gun ownership: A felony DWI conviction in Galveston will prevent you from being able to own a firearm.  Additionally, some probation requirements might restrict gun ownership.
• Cost of Ignition Interlock Devices: Probation may require you to purchase a device that makes you blow into a breathalyzer in order to start your car.

The bottom line is that a DWI conviction is expensive.  So again, whether you hire us or someone else, make sure you hire the best attorney that you can afford.

Do I Need to Hire a DWI Attorney?

The data is clear: a strong defense attorney with experience fighting DWIs will almost always get you a better outcome.

If it’s your second or third DWI, or your DWI comes with enhanced charges, you’d be a fool to not hire an attorney.  The financial cost of a DWI conviction can top $10,000, but when you factor in the potential loss of employment, loss of driving privileges, jail time, criminal record and even insurance, an experienced DWI attorney is a bargain.  

Now isn’t the time to skimp on costs, and a public defender isn’t your best option. 

When Michael & Associates surveyed Americans who have been arrested and charged with a DWI, we found that those who hired an attorney had a significantly better chance of dismissal and a lower risk of driver’s license suspension.

Case Outcomes: Experienced Attorney vs. Public Defender

	Hired an attorney	Represented by a public defender
Paid a fine	56%	64%
Case dropped or dismissed	44%	21%
Driver’s license suspension	39%	48%
Sentenced to probation	29%	21%

You want a defense attorney who knows the Galveston-area prosecutors and judges and has experience with these cases. You want them to review every word of every document and all the evidence in meticulous detail — these things cost money.  

As we’ve already established, a conviction is extremely costly.

So don’t skimp out on hiring defense counsel — you get what you pay for.