Galveston Criminal Defense and DWI Attorneys PLLC
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Former Prosecutors · Board Certified

Criminal & DWI Defense Attorneys

When you need a Galveston criminal or DWI attorney, Brian Foley and Luis Baez of Galveston Criminal Defense and DWI Attorneys PLLC are there to fight for you. Both are former prosecutors who know the government's playbook and have defended citizens accused in criminal cases from DWI to Murder. Call now to receive a free legal consultation.

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★★★★★ See our Google Reviews →
10.0Avvo & Justia Rating
Board CertifiedTexas Board of Legal Specialization
Galveston Criminal Defense Attorney Brian Foley Galveston Criminal Defense Attorney Luis Baez
As Seen On →
As seen on ABC 13 As seen on Fox 26 Houston As seen on KPRC Google Reviews 5.0 Featured on Fox Nation
Recognition
Texas Board Certified - Criminal Law Avvo Rating 10.0 - Brian Patrick Foley, Top Attorney Justia 10.0 Lawyer Rating

5-Star Rated

What Our Clients Say

Would highly recommend hiring Brian for any legal troubles. He was upfront, honest and genuinely invested in my case from the very first phone consultation. Couldn't have asked for a better outcome! Thanks again!

K.C.Google Review

Mr. Foley is professional, attentive, and a truly caring individual. His service is above and beyond any standards you may have set. I appreciate the many options/solutions and thorough explanations. The guidance was tailored toward me and my needs. He will work hard for you!!

A.F.Google Review

Luis was the best! You never think you'd be in this type of situation but Luis helped me get through this difficult time. I had hired him with such short notice but he was able to walk me through the process and make me feel at ease about the next steps. Highly recommend to my friends and family.

C.L.Google Review

Luis was amazing. He handled the case professionally. He made sure he answered any questions we had, and understood everything from the start. Made the process easy and stress free. We had a great outcome on our case, would highly recommend!

M.G.Google Review
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Charges Dismissed. Lives Restored.

DWI

Driving While Intoxicated

Dismissed
Criminal Charge

Resisting Arrest

Dismissed
Assault / Violence

Aggravated Assault

Dismissed
Drug Charge

Possession of Marijuana

Dismissed
Assault / Violence

Assault Family Member

Dismissed
Theft / Property

Theft

Dismissed
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Brian Foley on scene as a member of the Vehicular Crimes Team
Brian FoleyOn Scene · Vehicular Crimes Team

Specialized Training

Members of the Elite Vehicular Crimes Team

Both Brian Foley and Luis Baez were selected to serve on the elite Vehicular Crimes Team, where they received the highest level of training available in intoxicated-driving cases — from accident reconstruction and crash-scene investigation to blood and breath testing and the prosecution of Intoxication Assault and Intoxication Manslaughter. They responded to the most serious cases from the very first hours, and now they put that inside experience to work for your defense.

Learn About Our Vehicular Crimes Team

5-Star Rated

What Our Clients Say

Galveston Criminal Defense Attorney Brian FoleyBrian Foley
“

One of the best attorneys around. I called Mr. Foley the evening before my case. He was there the next morning at the time he promised. He did what he said he'd do — by the end of the day my case was dismissed. Thank you Mr. Foley and his great assistant!

— Christopher B.
“

When facing the most difficult decisions about your future you need a knowledgeable, reliable, trustworthy professional. Brian and his team are all that and more. Brian was able to bring the truth to light and get a full dismissal for my case. I can't thank Mr. Foley enough.

— Lorenzo M.
Galveston Criminal Defense Attorney Luis BaezLuis Baez
“

Mr. Luis Baez goes above and beyond to represent his clients. Absolutely amazing attorney — I never doubted Mr. Baez's work and trust him with any legal issue. Definitely recommend Mr. Baez for any legal issue he specializes in!

— Jordan C.
“

Luis worked my case for 6-7 months and got it reduced all the way down to a misdemeanor from a felony. Whatever you're going through, these guys are the truth and will help you out!

— Taison
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Galveston DWI Attorneys

Good people can have a bad day and the police don't always make the right call. The rest of your life shouldn't be ruined by a single potential mistake. At Galveston Criminal Defense and DWI Attorneys PLLC we understand how to face the challenges of a DWI prosecution from beginning to end. We can fight to save your driver's license and avoid a conviction that could follow you the rest of your life. You only have 15 days from the date of arrest to request a driver's license suspension hearing so don't wait, CALL NOW!

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Galveston Assault Attorneys

If you or a loved one has been charged with Assault or Assault Family Member it can result in being excluded from your own home, prevent you from seeing or talking to your spouse, or being denied the right to see your own children. Judges often require bond conditions that can feel like you've already been found guilty. Galveston Criminal Defense and DWI Attorneys PLLC can fight for your right to be presumed innocent. Brian was a member of the Domestic Violence Unit and is a graduate of the advanced trial advocacy school on Assault Family Member Strangulation and Impeding Breath.

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Galveston Theft and Shoplifting Attorneys

Luis and Brian can help with shoplifting and theft charges of all kinds. Luis and Brian have helped everyone from single moms and teachers, to accountants and executives. With the invention of self-checkout lines, being charged with shoplifting or theft can happen to just about anybody. As prosecutors Luis and Brian helped write the playbook for government investigations. Now they can fight for you!

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Galveston Drug and Controlled Substance Attorneys

If you've been arrested for Possession of a Controlled Substance or other drug charges you owe it to your family and your future to retain experienced counsel. Luis and Brian have handled thousands of drug charges across Texas and our number one goal is a dismissal. Even if you admitted you were guilty to police you may still be able to avoid a conviction for a felony or misdemeanor drug charges. Call Now!

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Other Criminal Charges and Expunctions

If you didn't see the crime you were charged with above don't worry! Luis and Brian handle all types of criminal charges. They have experience with Evading Arrest, Aggravated Assault, Unauthorized Use of a Motor Vehicle, Fraud and many other offenses. Galveston Criminal Defense and DWI Attorneys PLLC also helps file an expunction to get your record clear if your case has been dismissed or won at trial.

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Serving Galveston County and the Surrounding Area

Including the following locations:

GalvestonLeague CityTexas CityFriendswoodDickinsonLa MarqueKemahSanta FeHitchcockClear Lake ShoresSeabrookWebsterBacliffSan LeonBolivar PeninsulaJamaica BeachTiki IslandBayou VistaPearlandAlvinHoustonPasadenaBaytownClear Lake

Frequently Asked Questions

DWI Defense

What are the penalties for a first DWI in Texas?
A first-offense DWI is generally a Class B misdemeanor: up to 180 days in county jail (with a 72-hour minimum), a fine up to $2,000, and a driver's license suspension. Penalties increase sharply with a blood alcohol concentration of 0.15 or higher (a Class A misdemeanor), a child passenger, an accident, or a prior conviction. A Galveston DWI can also carry state surcharges and higher insurance costs, which is why building a defense early matters.
I was just arrested for DWI in Galveston — what should I do first?
Be polite, say as little as possible, and ask to speak with a lawyer. Do not discuss what or how much you drank. Two clocks start immediately: you have only 15 days to request a hearing to protect your driver's license, and evidence like the arrest video and breath or blood results must be preserved. Call a Board Certified DWI attorney right away so nothing is lost.
Is it true I only have 15 days to save my driver's license?
Yes. Refusing or failing a breath or blood test triggers a separate civil case through the Texas Department of Public Safety, called an Administrative License Revocation (ALR). You have just 15 days from the date of arrest to request an ALR hearing. Miss that deadline and your license is suspended automatically. Requesting the hearing also lets your attorney question the arresting officer under oath before trial.
Can I refuse a breath or blood test in Texas?
You can refuse, but refusal carries an automatic license suspension, and during “no refusal” periods police will usually get a warrant for a blood draw. Refusal is not an admission of guilt, and cases tried as “refusals” can be won. Whether refusing helps or hurts depends entirely on the facts of your stop, which an experienced DWI lawyer can evaluate.
Can a DWI be dismissed or reduced?
Yes. DWI cases are frequently reduced or dismissed when the traffic stop was unlawful, the field sobriety tests were improperly administered, or the breath or blood testing was flawed. As former prosecutors on the Vehicular Crimes Team, our attorneys know exactly how these cases are built and where they break down. Even a high blood-test case can be won, especially where the driver does not appear intoxicated on video.
What happens on a second or third DWI?
A second DWI is a Class A misdemeanor (up to one year in jail). A third or subsequent DWI is a third-degree felony punishable by 2 to 10 years in prison. Repeat cases usually come with bond conditions such as an ignition interlock device and probation reporting even before conviction. These cases call for an attorney who is prepared to take a DWI to trial.
Can I get a DWI off my record?
If your DWI is dismissed or you are acquitted, you may qualify for an expunction that erases the arrest. Some resolved cases instead qualify for an order of nondisclosure that seals the record. A conviction generally cannot be removed, which is why fighting the charge up front, before it becomes a conviction, is so important.

Assault & Family Violence

What is Assault Family Member (family violence) in Texas?
Assault Family Member, also called Assault Family Violence, is an assault against a spouse, dating partner, family or household member, or someone you share a child with. It can be charged for even minor contact or a threat. Texas prosecutors treat these cases very seriously, and a conviction carries consequences well beyond jail time.
Can the alleged victim just drop the charges?
No. In Texas the State, not the alleged victim, decides whether to pursue the case. Even if the complaining witness signs an affidavit of non-prosecution or asks to drop it, the prosecutor can and often will proceed. That is why you need your own attorney working the case from the very start.
What are the penalties for Assault Family Member?
A first offense is usually a Class A misdemeanor (up to one year in jail and a $4,000 fine). It becomes a felony with a prior family-violence conviction, an allegation of strangulation or impeding breath, a deadly weapon, or serious bodily injury, ranging from a third-degree felony (2 to 10 years) up to a second-degree felony (2 to 20 years).
What is an “affirmative finding of family violence”?
It is a formal notation the judge places in the record confirming the offense involved family violence. Even without jail time, this finding can restrict your firearm rights, affect custody and family-law matters, and make any future charge more severe. Avoiding an affirmative finding is often as important as avoiding jail.
What is a protective order or emergency protective order?
After a family-violence arrest, a magistrate will usually issue an emergency protective order that can bar you from your home, prohibit contact with the alleged victim, and ban firearm possession, typically for 31 to 91 days. These orders are separate from bond conditions, and an attorney can ask the court to modify overly restrictive terms.
Should I contact the alleged victim after my arrest?
No. Contacting the alleged victim almost always violates a protective order or bond condition and can lead to new charges. Let your attorney handle all communication. Even well-meaning contact can seriously damage your case.
How does a family-violence charge affect my gun rights?
Both Texas and federal law restrict firearm possession after a family-violence conviction or while a protective order is in effect, and a federal conviction can be a lifetime ban. Because the stakes reach your constitutional rights, these cases should never be handled without experienced counsel.
Can an Assault Family Member charge be dismissed?
Yes. These cases often turn on shifting accounts, self-defense, lack of injury, or weak evidence. Brian Foley served in the Domestic Violence Unit and trained in strangulation and impeding-breath cases, giving our firm an inside understanding of how to fight for a dismissal or reduction.

General Criminal Defense

Should I talk to the police if I'm being investigated or arrested?
Be polite, provide your identification, and then respectfully decline to answer questions until you have a lawyer. You cannot talk your way out of an arrest, and statements are routinely used against people later. Asking for an attorney is your right and cannot be used against you.
When should I hire a criminal defense attorney?
As early as possible, ideally before charges are even filed. Critical events like bond conditions, protective orders, license deadlines, evidence preservation, and grand jury decisions happen at the very start of a case. Getting an attorney involved early gives you the best chance at a dismissal or reduction.
What is the difference between a misdemeanor and a felony in Texas?
Misdemeanors are punishable by fine and up to one year in county jail. Felonies carry state prison time from 180 days up to life, depending on the degree. Prior convictions or specific facts can enhance a misdemeanor to a felony. Which category you face dramatically changes both the strategy and the stakes.
What happens after an arrest in Galveston County?
After booking, you see a magistrate who sets bond and any conditions. Your case is then assigned to a county (misdemeanor) or district (felony) court, with a series of resettings while your attorney reviews the evidence and negotiates. Most cases resolve through motions and negotiation, but we prepare every case as if it will go to trial.
Can my record be expunged or sealed?
If your case was dismissed, you were acquitted, or you completed certain diversion programs, you may qualify for an expunction that erases the arrest, or an order of nondisclosure that seals it from public view. The eligibility rules are specific, and we can tell you whether your case qualifies.
Do I have to appear in court for every setting?
In many misdemeanor cases your attorney can appear for you at routine settings, though some hearings and most felony settings require your presence. We keep you informed of every date and tell you exactly when you must appear.
How much does a criminal defense attorney cost?
Fees depend on the charge, the county, and whether the case goes to trial. We offer a free, confidential consultation to review your situation and explain your options and cost up front, before you commit to anything.
What makes Galveston Criminal Defense and DWI Attorneys different?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by only a small fraction of Texas lawyers, and both Brian Foley and Luis Baez are former prosecutors who served on the elite Vehicular Crimes Team. They know how the State builds its cases because they used to build them, and now they put that experience to work for you.

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Visit Our Office

Galveston Office

We are located at 622 22nd Street in downtown Galveston, a short walk from the Galveston County Justice Center. Call or text (409) 877-4909 for a free, confidential consultation.

Galveston Criminal Defense and DWI Attorneys PLLC
622 22nd Street
Galveston, Texas 77550
(409) 877-4909

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Arrested in Galveston? Call Now.

Free, confidential consultation, available 24/7. The first 15 days matter for your driver's license — don't wait.

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(409) 877-4909