This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.

Galveston DWI Lawyer
by Brian LaVine / Last Updated: June 26, 2026

If you were arrested for DWI in Galveston, speak with a Galveston DWI lawyer as soon as possible to protect your license, your record, and your freedom. LaVine Law Firm defends people in Galveston, Texas, who face DWI arrests or other criminal charges. Call (713) 489-7692 today for a free consultation with a defense attorney who fights for the best result.

A DWI conviction can result in jail time, heavy fines, license suspension, probation, ignition interlock requirements, and higher insurance costs. The damage spreads into your job, your personal life, and your good name. A criminal record can follow you for years.

A DWI arrest in Galveston County triggers two separate tracks at once. The first is the criminal case in court, and the second is the administrative license revocation process through the Texas DPS. You have only 15 days to request a hearing or lose your driving privileges. Act now to begin building your defense.

How LaVine Law Firm Can Help With a DWI Charge in Galveston

LaVine Law Firm can help by reviewing the traffic stop, challenging the evidence, protecting your driver's license, and building a defense strategy for court. Our law firm has the legal experience to fight hard in DWI cases across Galveston County. We treat each client with care from the very first meeting.

Our criminal defense work covers every part of your case, including:

  • Review of police reports, dashcam footage, and bodycam video
  • Analysis of field sobriety tests, breath tests, and blood tests
  • Challenges to the officer's probable cause and traffic stop
  • Trial preparation, cross-examination, and motion practice
  • Negotiation with prosecutors for reduced charges or plea deals
  • Counsel on driver's license issues and ALR deadlines

Early help matters because missed deadlines can cost you your license. A Galveston DWI attorney can step in before mistakes hurt your case. Call our law office at (713) 489-7692 for a free consultation today.

Overview of DWI in TX

DWI in Texas means operating a motor vehicle in a public place while intoxicated. Texas Penal Code §49.04 sets the basic rule for driving while intoxicated. The law applies to every road and public area in the state.

Texas defines intoxication in three ways:

  • Blood alcohol content (BAC) of 0.08% or higher
  • Loss of normal mental faculties due to alcohol, drugs, or both
  • Loss of normal physical faculties due to alcohol, drugs, or both

DWI does not always involve alcohol. Prescription drugs, marijuana, illegal drugs, or mixed substances can all support a DWI charge. A police officer only needs to claim you lost normal use of your mind or body.

Common DWI case types in Texas include:

  • First DWI
  • DWI with BAC of 0.15 or higher
  • DWI with an open container
  • DWI with a child passenger
  • Repeat DWI
  • Felony DWI
  • Intoxication assault
  • Intoxication manslaughter

Drunk-driving cases come in many forms. Each one calls for a unique defense plan. Our DWI attorney builds that plan around the facts of your stop.

What Are the Penalties for DWI in Galveston, TX?

DWI penalties in Galveston, TX, can include jail time, fines, probation, license suspension, ignition interlock, community service, and a permanent criminal record. The exact punishment depends on your prior history and the facts of the arrest. Texas DWI law gets harsher with each new offense.

The penalty ranges break down as follows:

  • First DWI: Class B misdemeanor with up to 180 days in jail and fines up to $2,000
  • DWI with BAC of 0.15 or higher: Class A misdemeanor with up to one year in jail and fines raised to $4,000
  • DWI with open container: Class B misdemeanor with a minimum jail term of 6 days
  • Second DWI: Class A misdemeanor with up to one year in jail and fines up to $4,000
  • Third or subsequent DWI: Third-degree felony under Texas Penal Code §49.09 with 2 to 10 years in prison
  • DWI with a child passenger: State jail felony with 180 days to 2 years in state jail
  • Intoxication assault: Felony exposure when serious injury is alleged
  • Intoxication manslaughter: Felony exposure when death is alleged

Penalties depend on prior convictions, BAC level, accident facts, and whether alcohol or drugs were involved. A high BAC can lead to higher fines and longer jail time. A DWI conviction also subjects a person to costly state surcharges in addition to court fines.

Even a first DWI can shape your future for years. Strong defense work can lead to reduced charges or full dismissal. Call LaVine Law Firm to discuss your case today.

Other Consequences of a DWI Conviction in TX

A DWI conviction in Texas can affect your life long after court fines, probation, or jail time end. The collateral damage often hurts more than the sentence itself. This is why a strong defense matters from day one.

Common consequences include:

  • License suspension and loss of driving privileges
  • Higher insurance rates and SR-22 filing requirements
  • Employment background check problems
  • Commercial driver's license consequences
  • Discipline against professional licenses
  • Immigration consequences for noncitizens
  • Travel restrictions while on bond or probation
  • Ignition interlock device requirements
  • Mandatory alcohol education or treatment programs
  • Damage to your reputation in the Galveston area

A DWI conviction reaches into both personal and professional life. Lost jobs, denied housing, and broken trust can follow for years. Protecting your record, your license, and your future must be part of the defense strategy from the start.

How Can I Defend Myself Against a DWI Charge?

A DWI defense starts by challenging whether the stop, detention, arrest, testing, and evidence were legally valid. Every step in the case must follow strict rules under Texas law. A skilled criminal defense attorney looks for breaks in that chain.

Strong defense strategies in DWI cases include:

  • No reasonable suspicion for the traffic stop
  • No probable cause for the arrest
  • The book does not give improper field sobriety tests
  • Medical conditions mistaken for intoxication
  • Fatigue, anxiety, injury, balance issues, or weather affecting test results
  • Breath test calibration or maintenance problems
  • Blood draw chain of custody issues
  • Lab testing errors flagged by the American Chemical Society standards
  • Rising BAC defense based on time of testing
  • Lack of proof that the person was operating the vehicle
  • Unlawful search or seizure
  • Miranda warnings or statement issues
  • Bodycam or dashcam footage that contradicts the officer's report

A DWI attorney may file motions to suppress, challenge the State's evidence, negotiate reduced charges, or prepare for trial. Each motion can shape the outcome of the case. Some cases are dismissed long before trial.

Do not plead guilty too fast or ignore the license suspension deadline. The 15-day clock starts running from the moment of arrest. Speak with a defense lawyer today to protect every legal right you have.

Administrative License Revocation and License Suspension After a Galveston DWI

After a Galveston DWI arrest, the driver may face a separate administrative license revocation process in addition to the criminal case. Administrative license revocation is handled by the Texas Department of Public Safety, not the criminal court. The two cases move on separate tracks.

Two main events can trigger ALR:

  • Refusing a breath or blood test after arrest
  • Failing a breath or blood test with a BAC of 0.08 or higher

The ALR hearing decides whether you keep your driving privileges while the criminal case is pending. The Texas DPS sets strict deadlines for requesting a hearing. Miss the 15-day window and your license suspension kicks in by default.

A DWI attorney can challenge the following at the ALR hearing:

  • Whether the traffic stop was legal
  • Whether there was probable cause for arrest
  • Whether testing procedures followed the rules
  • Whether the refusal or failure was legally valid

What a Galveston DWI Attorney Reviews in Breath and Blood Test Evidence

Breath and blood test evidence can be challenged if the testing process, machine, lab, officer, or chain of custody was unreliable. A chemical test result does not automatically prove guilt. Your Galveston DWI attorney should test every piece of the evidence.

Common breath test issues include:

  • Calibration records and machine accuracy
  • Maintenance logs for the Intoxilyzer
  • Operator certification and training
  • The required 15-minute observation period
  • Mouth alcohol from burping, vomiting, or dental work
  • Medical conditions like GERD or diabetes

Common blood test issues include:

  • Warrant validity and judge signature
  • Consent questions during the draw
  • Blood draw procedure and trained personnel
  • Storage temperature and timing
  • Chain of custody from arrest to lab
  • Lab handling and retesting rights

The defense must compare test results to dashcam video, officer reports, driving facts, field sobriety results, and witness statements. Numbers on a printout do not tell the full story.

How Drunk Driving Stops Become Criminal Cases in Galveston

A drunk-driving stop becomes a criminal case when police claim there is evidence of intoxication and probable cause for arrest. The path from traffic stop to court date moves fast. Each step builds the prosecution's case against you.

A typical DWI case timeline includes:

  • The initial traffic stop and officer observations
  • Roadside questioning about drinking or drug use
  • Field sobriety tests like the walk-and-turn
  • Breath or blood testing at the scene or station
  • Arrest and booking at the Galveston County Jail
  • Bond posting and release conditions
  • ALR deadline within 15 days
  • First court setting and discovery review
  • Motions, negotiation, or trial

Prosecutors often rely on officer testimony, dashcam video, chemical testing, driving behavior, and your own statements. The defense should test every stage of that timeline for weakness.

How Galveston Criminal Defense Strategy May Differ From Harris County DWI Cases

DWI defense strategy must account for the county, court, prosecutor, judge, facts, and evidence in the case. A Galveston DWI case may look different from a Harris County case, even when the facts are similar. Local court culture shapes how cases move through the system.

Key local differences may include:

  • Court setting schedules and docket timelines
  • Prosecutor charging practices and plea deals
  • Diversion program availability
  • Jury pool tendencies in League City and surrounding counties
  • Local expectations on plea negotiations

Texas DWI law applies statewide, but local criminal court procedure can shift the outcome. The defense should be adapted to the local court, not copied from a generic DWI template. Our criminal defense lawyers know the Galveston area and its courts inside and out.

Frequently Asked Questions About DWI in Galveston

Is DWI in Texas a misdemeanor or a felony?

DWI may be a misdemeanor or a felony. It depends on your breath or urine test results, child passengers, injuries, and prior criminal law cases under Texas law.

Can I lose my license after a DWI arrest in Galveston?

Yes. An arrest triggers administrative license revocation by the Texas DPS before court proceedings. A member of our Super Lawyers roster can fight this suspension to protect your driving privileges.

Should I request an ALR hearing?

Yes, you should. An ALR hearing challenges the suspension. Our team includes former prosecutors who use these hearings to gather helpful evidence for your criminal defense case.

Can a DWI be dismissed in Galveston?

Yes. Dismissal is possible if the stop or testing is legally flawed. We have advanced training in DUI defense to challenge the state's evidence against you.

Do I need a lawyer for a first DWI?

Yes. A first offense carries jail exposure, major fines, and a lasting record. An experienced attorney can safely guide you through the complex Southeast Texas court system.

Is drunk driving the same as DWI in Texas?

Drunk driving is a common phrase. Texas law uses DWI for operating a vehicle while intoxicated by alcohol or drugs over the legal limit. Our legal service protects you.

Don’t Wait

Protect Your Rights with a Free Case Review

call 713-489-7734 today

Schedule a Case Evaluation with a Galveston DWI Lawyer

Contact LaVine Law Firm now if you were arrested for DWI in Galveston, Texas. Do not wait until the first court date or ignore the 15-day license suspension deadline. A breath or blood test result does not end the case before it starts.

Our Galveston DWI lawyer offers a free, stress-free consultation to review your case and explain your options. Call (713) 489-7692 to speak with a Texas-licensed attorney who is familiar with Galveston County courts. LaVine Law Firm stands ready to protect your license, your record, your job, and your freedom.

Brian LaVine
owner & managing attorney
About The Author
Brian, a University of Texas at Austin graduate, earned his J.D. from South Texas College of Law in December 2014, specializing in criminal law and trial advocacy.

During law school, he was a mock trial quarterfinalist and also interned at the Harris County District Attorney's Office, gaining valuable courtroom and prosecutorial insight.

With extensive experience in misdemeanor and felony cases, Brian is dedicated to providing an aggressive defense, outworking the prosecution to achieve the best possible outcome for his clients.
What Sets Us Apart

Why Choose
lavine law firm

Free confidential consultations

Aggressive representation

Affordable payment plans

Highly rated

Track record of results

chevron-down