Experienced DWI Defense in Fort Bend County
When you’re facing DWI charges in Fort Bend County, choosing the right Fort Bend DWI lawyer can make the difference between a conviction and getting your case dismissed. At Varghese Summersett, our Fort Bend DWI attorneys have successfully defended hundreds of DWI cases in Fort Bend County courts, helping clients protect their freedom, their driving privileges, and their future.
We understand what’s at stake. A DWI charge in Fort Bend County threatens not just your freedom, but everything you’ve worked hard to build—your career, your reputation, and your future opportunities. Our Fort Bend DWI lawyers have been defending clients in Richmond, Sugar Land, Missouri City, and throughout Fort Bend County for over a decade, and we know exactly how to fight these charges.
Meet Our Lead Fort Bend DWI Attorney Mike Hanson
Mike Hanson leads our Fort Bend office and brings a unique advantage to your defense—he’s a former Fort Bend County prosecutor. As someone who once built DWI cases for the state, Mike knows exactly how prosecutors think, what weaknesses they look for, and how to dismantle their case against you. This insider knowledge has helped our Fort Bend DWI lawyers secure dismissals and acquittals in cases that other attorneys might have given up on.
Why Choose Our Fort Bend DWI Lawyers?
When you’re searching for a Fort Bend DWI lawyer, you need more than just any attorney—you need proven expertise in DWI defense and deep knowledge of Fort Bend County courts. Here’s what sets our team apart:
- Board Certified Criminal Law Specialists: We have three Board Certified Criminal Law attorneys on our team (Benson Varghese, Anna Summersett, and Letty Martinez)—a distinction held by less than 1% of Texas attorneys and the highest recognition of expertise in criminal defense.
- Former Fort Bend Prosecutor on Our Team: Our lead Fort Bend DWI attorney, Mike Hanson, prosecuted DWI cases in Fort Bend County before joining our defense team. He knows how prosecutors build their cases—and how to tear them apart.
- Hundreds of DWI Trials: Our Fort Bend DWI lawyers have tried hundreds of DWI cases to verdict and handled thousands more through negotiation, suppression hearings, and dismissals.
- Deep Fort Bend County Court Experience: We appear regularly in all Fort Bend County Courts at Law and District Courts. We know the judges, the prosecutors, and how to navigate the local system effectively.
- Comprehensive Defense Strategy: From challenging illegal traffic stops to exposing flawed breath test results, our Fort Bend DWI attorneys explore every possible defense angle in your case.
- Available When You Need Us: DWI arrests don’t happen on a schedule. Our Fort Bend DWI lawyers are available to take your call and begin protecting your rights immediately.
Understanding DWI Charges in Fort Bend County
As experienced Fort Bend DWI lawyers, we handle all types of intoxication-related charges. Understanding what you’re facing is the first step toward building your defense.
What Constitutes Intoxication Under Texas Law?
In Texas, you can be charged with DWI if:
- Your blood alcohol concentration (BAC) is 0.08% or higher, OR
- You’ve lost the normal use of your mental or physical faculties due to alcohol, drugs, or any other intoxicating substance—regardless of your BAC level.
This means you can be arrested for DWI in Fort Bend County even if you’re below the legal limit, if the officer believes your faculties are impaired. Our Fort Bend DWI attorneys know how to challenge these subjective determinations.
Consequences of a DWI Conviction in Fort Bend County
A DWI conviction in Fort Bend County carries serious consequences that extend far beyond the courtroom. Our Fort Bend DWI lawyers fight to protect you from:
- Criminal Penalties: Jail time, probation, substantial fines, and mandatory alcohol education programs
- Driver’s License Suspension: Loss of driving privileges that can devastate your ability to work and fulfill family obligations in Fort Bend County’s sprawling communities
- Financial Devastation: Beyond court fines, expect dramatically increased insurance premiums (often $3,000+ per year), ignition interlock device costs, and fees that can total $20,000 or more
- Employment Consequences: Many Fort Bend County employers conduct background checks. A DWI conviction can cost you your current job or eliminate future opportunities, especially for positions requiring professional licenses or security clearances
- Immigration Risks: For non-citizens in Fort Bend County, a DWI conviction can trigger deportation proceedings, affect visa status, or derail your path to citizenship
- Personal and Professional Reputation: A DWI conviction becomes public record, potentially affecting custody matters, housing applications, and your standing in the Fort Bend County community
The stakes are too high to face these charges without an experienced Fort Bend DWI lawyer on your side.
DWI Penalties in Fort Bend County: What You’re Facing
The penalties for DWI in Fort Bend County depend on several factors, including prior convictions, your BAC level, and whether anyone was injured. Our Fort Bend DWI attorneys handle cases at every level:
| DWI Charge | Classification | Potential Penalties |
|---|---|---|
| First Offense DWI | Class B Misdemeanor | 72 hours to 180 days in jail, fine up to $2,000, license suspension up to 1 year, possible ignition interlock device |
| First Offense (BAC ≥ 0.15) | Class A Misdemeanor | Up to 1 year in jail, fine up to $4,000, license suspension up to 2 years, mandatory ignition interlock device |
| Second Offense DWI | Class A Misdemeanor | 30 days to 1 year in jail, fine up to $4,000, license suspension up to 2 years, mandatory ignition interlock device |
| Third Offense DWI | Third-Degree Felony | 2 to 10 years in state prison, fine up to $10,000, license suspension up to 2 years, mandatory ignition interlock device |
| DWI with Child Passenger | State Jail Felony | 180 days to 2 years in state jail, fine up to $10,000, additional child endangerment charges possible |
| Intoxication Assault | Third-Degree Felony (minimum) | 2 to 10 years in state prison, fine up to $10,000, license suspension, potential civil liability |
| Intoxication Manslaughter | Second-Degree Felony | 2 to 20 years in state prison, fine up to $10,000, license suspension, restitution to victim’s family |
These penalties represent what you’re facing if convicted. Our Fort Bend DWI lawyers work to get charges reduced, dismissed, or win acquittals at trial—outcomes that mean you avoid these consequences entirely.
The DWI Arrest Process in Fort Bend County
Understanding how DWI arrests unfold in Fort Bend County helps you recognize where police may have made mistakes that our Fort Bend DWI attorneys can use to defend your case.
1. Traffic Stop
Your Fort Bend County DWI case begins with a traffic stop. Officers from multiple agencies patrol Fort Bend County roads and highways, including:
- Fort Bend County Sheriff’s Office
- Sugar Land Police Department
- Missouri City Police Department
- Richmond Police Department
- Rosenberg Police Department
- Stafford Police Department
- Meadows Place Police Department
- Fulshear Police Department
- Katy Police Department (Fort Bend County areas)
- Texas Department of Public Safety (DPS) Highway Patrol
Defense Point: Our Fort Bend DWI lawyers will scrutinize whether the officer had reasonable suspicion to stop you. If the stop was illegal, all evidence gathered afterward may be suppressed, potentially leading to dismissal of your case.
2. Roadside Investigation
Once stopped, the officer will look for signs of intoxication through:
- Your physical appearance and behavior
- The smell of alcohol
- Your answers to questions
- Field sobriety tests (which are voluntary and often unreliable)
Defense Point: Field sobriety tests are highly subjective and affected by factors like age, weight, injuries, medical conditions, footwear, and road conditions. Our Fort Bend DWI attorneys are trained in the same standardized field sobriety test protocols that officers use—we know when they’re administered incorrectly.
3. Arrest and Transport
If the officer believes you’re intoxicated, you’ll be arrested and transported to:
Fort Bend County Jail
1410 Richmond Parkway, Richmond, TX 77469
Phone: (281) 341-4730
This is where you should immediately request to speak with a Fort Bend DWI lawyer. The sooner you call us, the sooner we can start protecting your rights.
4. Chemical Testing
At the jail or a medical facility, you’ll be asked to provide a breath or blood sample. Blood draws in Fort Bend County typically occur at:
- OakBend Medical Center – 1705 Jackson St, Richmond, TX 77469 – (281) 341-3000
- Memorial Hermann Sugar Land Hospital – 17500 W Grand Pkwy S, Sugar Land, TX 77479 – (281) 725-5000
- Houston Methodist Sugar Land Hospital – 16655 Southwest Fwy, Sugar Land, TX 77479 – (281) 274-7000
Defense Point: Chemical tests aren’t foolproof. Our Fort Bend DWI lawyers challenge breath and blood test results by examining machine calibration records, operator certifications, blood sample chain of custody, and testing procedures. We’ve had test results excluded in numerous cases due to procedural errors.
5. Booking and Release
After testing, you’ll be booked into Fort Bend County Jail. Depending on the circumstances and time of day, you may be released on personal recognizance or required to post bail.
Critical Deadline: You have only 15 days from your arrest to request an Administrative License Revocation (ALR) hearing to contest your license suspension. Our Fort Bend DWI lawyers will handle this immediately to protect your driving privileges.
6. Court Proceedings
Your DWI case in Fort Bend County will be heard in one of the following courts, depending on the severity of charges:
Misdemeanor DWI Cases (Fort Bend County Courts at Law):
| Court | Phone |
|---|---|
| Fort Bend County Court at Law No. 1 | (281) 341-8675 |
| Fort Bend County Court at Law No. 2 | (281) 341-8680 |
| Fort Bend County Court at Law No. 3 | (281) 341-8685 |
| Fort Bend County Court at Law No. 4 | (281) 341-8689 |
| Fort Bend County Court at Law No. 5 | (281) 238-3337 |
| Fort Bend County Court at Law No. 6 | (281) 238-1995 |
Felony DWI Cases (Fort Bend District Courts):
| Court | Phone |
|---|---|
| 240th District Court | (281) 341-8610 |
| 268th District Court | (281) 341-8615 |
| 328th District Court | (281) 341-8620 |
| 387th District Court | (281) 341-8625 |
| 400th District Court | (281) 341-8690 |
| 434th District Court | (281) 341-8626 |
| 458th District Court | (281) 341-8500 |
Our Fort Bend DWI lawyers appear in all of these courts regularly and have established working relationships that benefit our clients.
How Our Fort Bend DWI Attorneys Will Fight Your Charges
When you hire a Fort Bend DWI lawyer from Varghese Summersett, we immediately begin building your defense. Here’s how we fight for you:
Immediate Actions We Take
- Request Your ALR Hearing: We file for your Administrative License Revocation hearing within the 15-day deadline to contest your license suspension—this hearing often provides crucial early discovery about the state’s case.
- Obtain All Evidence: We demand all police reports, dash cam footage, body camera video, booking videos, breath test results, blood test documentation, and calibration records.
- Investigate the Arrest: Our Fort Bend DWI lawyers personally visit the arrest location, examine road conditions, lighting, and other factors that may have affected field sobriety tests or the officer’s observations.
- Preserve Critical Evidence: We act quickly to preserve surveillance footage from nearby businesses, obtain witness statements, and document any medical conditions or other factors that may explain your behavior.
Defense Strategies Our Fort Bend DWI Lawyers Use
Every DWI case is unique, but our Fort Bend DWI attorneys draw from proven strategies that have resulted in dismissals, acquittals, and reduced charges:
Challenge the Traffic Stop
The Fourth Amendment protects you from unreasonable searches and seizures. Our Fort Bend DWI lawyers examine whether the officer had reasonable suspicion to stop you. Common issues we find:
- Anonymous tips without corroboration
- Stops based solely on leaving a bar or restaurant
- Minor traffic violations used as pretexts for DWI investigations
- Lack of specific, articulable facts justifying the stop
If we can prove the stop was unconstitutional, all evidence obtained afterward—including breath or blood tests—must be suppressed, often resulting in dismissal.
Attack Field Sobriety Test Results
Field sobriety tests are voluntary, subjective, and notoriously unreliable. Our Fort Bend DWI attorneys are certified in Standardized Field Sobriety Testing (the same training police receive) and know when tests are:
- Administered on improper surfaces (sloped pavement, gravel, uneven ground)
- Conducted in poor conditions (bad weather, inadequate lighting, heavy traffic)
- Performed by individuals with physical limitations (injuries, medical conditions, age, obesity)
- Given without proper instructions or demonstration
- Scored incorrectly by officers
We’ve successfully challenged field sobriety tests in hundreds of Fort Bend County DWI cases.
Challenge Breath and Blood Test Results
Chemical tests seem scientific and conclusive, but they’re far from perfect. Our Fort Bend DWI lawyers investigate:
For Breath Tests:
- Machine calibration and maintenance records
- Operator certification and training
- Whether the 15-minute observation period was properly observed
- Mouth alcohol from GERD, dental work, or recent food/drink
- Radio frequency interference
- Improper administration procedures
For Blood Tests:
- Chain of custody documentation
- Blood draw procedures and nurse/technician certification
- Lab testing protocols and analyst qualifications
- Sample storage and preservation
- Contamination issues
- Fermentation or coagulation of samples
We’ve had blood and breath test results excluded or successfully challenged in numerous Fort Bend County cases, leading to dismissals or acquittals.
Present Alternative Explanations
Many signs officers interpret as intoxication have innocent explanations:
- Medical conditions (diabetes, neurological disorders, injuries)
- Prescription medications
- Fatigue or stress
- Anxiety from the police encounter
- Physical characteristics (lazy eye, speech impediments)
Our Fort Bend DWI lawyers work with medical experts when necessary to present these alternative explanations to prosecutors or juries.
Identify Constitutional Violations
If your constitutional rights were violated during any stage of your arrest or processing, evidence may be suppressed. Our Fort Bend DWI attorneys look for:
- Illegal searches of your vehicle
- Failure to read Miranda warnings when required
- Coerced statements
- Denial of right to counsel
- Unlawful detention or arrest
Negotiation and Trial
Negotiation: When appropriate, our Fort Bend DWI lawyers negotiate with prosecutors for:
- Complete dismissal of charges
- Reduction to a lesser offense (reckless driving, obstruction of a highway)
- Pretrial diversion programs (when available and beneficial)
- Deferred adjudication (avoiding a final conviction)
Trial: If negotiation doesn’t produce an acceptable outcome, our Fort Bend DWI attorneys are prepared to take your case to trial. We’ve tried hundreds of DWI cases and have the experience to effectively cross-examine officers, challenge evidence, and present compelling defenses to juries.
Fort Bend County DWI Defense: Local Knowledge Matters
Not all DWI lawyers are equally equipped to handle Fort Bend County cases. Our Fort Bend DWI attorneys bring specific local advantages:
- We Know the Courts: We regularly appear before all Fort Bend County judges and know their tendencies, preferences, and how they rule on common defense motions.
- We Know the Prosecutors: Our relationships with the Fort Bend County District Attorney’s Office, built through years of professional interaction, help us negotiate effectively on your behalf.
- We Know the Officers: We’re familiar with Fort Bend County law enforcement agencies and their DWI enforcement practices, including which officers have histories of problematic arrests.
- We Know the System: From ALR hearings at the Texas Department of Public Safety in Richmond to trial settings in Fort Bend courtrooms, we understand every step of the local process.
- We’re Here: With an office in Fort Bend County, our DWI lawyers are readily available for meetings, can quickly respond to developments in your case, and easily appear for all court settings.
Fort Bend County Cities We Serve
Our Fort Bend DWI lawyers defend clients arrested throughout Fort Bend County, including all incorporated cities and unincorporated communities:
Major Cities:
- Sugar Land DWI Defense
- Missouri City DWI Defense
- Pearland DWI Defense (Fort Bend County portion)
- Rosenberg DWI Defense
- Richmond DWI Defense
- Stafford DWI Defense
- Fulshear DWI Defense
- Katy DWI Defense (Fort Bend County portion)
Additional Fort Bend County Communities:
- Meadows Place
- Needville
- Arcola
- Beasley
- Kendleton
- Orchard
- Pleak
- Simonton
- Thompsons
- Weston Lakes
- Cinco Ranch
- Four Corners
- Cumings
- Fifth Street
No matter where in Fort Bend County you were arrested, our Fort Bend DWI lawyers can defend you effectively.
Frequently Asked Questions: Fort Bend DWI Cases
How much does a Fort Bend DWI lawyer cost?
Legal fees for DWI defense in Fort Bend County vary based on case complexity. Factors include whether it’s a misdemeanor or felony, if there was an accident or injuries, prior convictions, and whether the case goes to trial. During your free consultation, our Fort Bend DWI attorneys will provide transparent pricing based on your specific situation. Remember: the cost of a conviction—in lost job opportunities, increased insurance rates, and other consequences—far exceeds the investment in experienced legal representation.
Should I refuse the breath or blood test?
This depends on your circumstances. Refusing chemical testing results in an automatic driver’s license suspension (generally 180 days for a first refusal), but it also deprives prosecutors of potentially damaging evidence. However, in Fort Bend County, officers can obtain a warrant for a mandatory blood draw if you refuse. The decision to refuse should be based on your specific situation. Once arrested, contact our Fort Bend DWI lawyers immediately—we can guide you through critical decisions that affect your case.
Can I beat a DWI in Fort Bend County if I failed the breath test?
Absolutely. Breath test results can be challenged and often are successfully excluded from evidence. Our Fort Bend DWI lawyers examine machine maintenance records, calibration logs, operator certifications, and testing procedures. We’ve won cases where breath test results showed BAC levels well above the legal limit by exposing problems with how the tests were administered or equipment was maintained.
What happens at my first court date?
Your first court appearance in Fort Bend County is typically an arraignment where you’ll enter a plea. Our Fort Bend DWI attorneys handle this appearance for you in most cases. We’ll enter a “not guilty” plea and begin the discovery process to obtain all evidence. This is just the beginning of your case—dismissals and successful defenses often take months as we investigate, file motions, and negotiate.
Will I go to jail for a first-time DWI in Fort Bend County?
Not necessarily. While jail time is a possibility even for first offenses, many first-time DWI defendants in Fort Bend County receive probation rather than jail time, especially with strong legal representation. Our Fort Bend DWI lawyers work to get charges dismissed or reduced. Even if conviction is unavoidable, we fight for probation instead of incarceration.
How long does a Fort Bend County DWI case take?
DWI cases in Fort Bend County typically take 3-12 months to resolve, depending on complexity. Cases requiring blood test analysis, extensive motion practice, or trial preparation take longer. Our Fort Bend DWI lawyers move your case forward as quickly as possible while ensuring we’ve explored every defense avenue.
Can I get my DWI case dismissed in Fort Bend County?
Yes. Our Fort Bend DWI lawyers have secured dismissals in many cases by identifying constitutional violations, procedural errors, lack of probable cause, or problems with chemical testing. Every case is different, but we pursue dismissal whenever evidence supports it.
What’s the difference between a DWI and DUI in Texas?
In Texas, DUI (Driving Under the Influence) applies only to minors (under 21) with ANY detectable amount of alcohol. DWI (Driving While Intoxicated) applies to adults and requires either BAC of 0.08% or higher, or loss of normal faculties. Our Fort Bend DWI lawyers handle both types of cases.
What to Do If You’re Arrested for DWI in Fort Bend County
If you’re arrested for DWI in Fort Bend County, take these steps immediately:
- Remain Calm and Polite: Do not argue with officers or make the situation worse with hostile behavior.
- Exercise Your Rights: You have the right to remain silent and the right to an attorney. Use them. Don’t try to talk your way out of the arrest—you can’t.
- Remember Details: Mental notes about the stop location, time, weather conditions, what the officer said, and how tests were administered can be valuable later.
- Contact a Fort Bend DWI Lawyer Immediately: The sooner you call us, the sooner we can protect your rights and preserve evidence. Call (281) 805-2220 anytime, day or night.
- Don’t Miss the 15-Day Deadline: You must request an ALR hearing within 15 days of arrest to contest your license suspension. Our Fort Bend DWI attorneys will handle this for you.
- Don’t Discuss Your Case: Don’t talk about your arrest on social media, with friends, family members, or anyone except your attorney. Anything you say can be used against you.
Why Time Matters: Contact Our Fort Bend DWI Lawyers Now
DWI cases move quickly, and critical deadlines start immediately after your arrest:
- 15 days to request your ALR hearing and contest license suspension
- 48-72 hours for surveillance video to be erased from businesses near the arrest location
- Immediate need to document injuries, medical conditions, or other factors affecting your case
Every day that passes without legal representation puts your case—and your future—at greater risk. Our Fort Bend DWI lawyers are available now to start protecting your rights.
Contact Our Fort Bend DWI Lawyer Today
You don’t have to face DWI charges in Fort Bend County alone. Our Fort Bend DWI attorneys are ready to fight for your freedom, your driving privileges, and your future.
Call us now at (281) 805-2220 for a free, confidential consultation. We’re available 24/7 because we know DWI arrests don’t happen on a schedule.
Let our Board Certified Criminal Law specialists and former Fort Bend prosecutor put our knowledge, experience, and proven track record to work for you. When your future is on the line, choose Fort Bend DWI lawyers who know how to win.
