Our Fort Bend DWI Lawyer Explains DWI Defense
We understand that when you are charged with a DWI, there’s a lot more at stake than just your freedom. You’re thinking about everything you worked so hard for, you’re thinking about your future and you know you can’t let one decision define your life. Fortunately for you, when we are fighting a DWI allegation, we do everything humanly possible to make this as little as a disruption in your life as possible. It’s also something we’ve been very successful at for over a decade. In this article, our Fort Bend DWI lawyer explains the best way to defend a DWI charge.
Why Choose a Fort Bend DWI Lawyer from Varghese Summersett?
Before we jump in, let’s talk about why you should listen to us. First and foremost, as Board Certified Criminal Lawyers, we are experts in criminal defense. It is something only a Board Certified attorney can claim. We have three on our team. Second, we have tried hundreds of DWI cases and handled thousands of them. If there is a weakness in your case, we are going to find it. Here are some of the other reasons:
- Unparalleled Experience: Our team of DWI lawyers has successfully defended cases of every level – from misdemeanor DWIs to intoxication manslaughter charges.
- Proven Track Record: With hundreds of successful trials under our belt, including numerous dismissals and acquittals, our Driving While Intoxicated lawyers have demonstrated their ability to achieve favorable outcomes for our clients.
- Board Certified Excellence: Several of our attorneys hold Board Certification in Criminal Law by the Texas Board of Legal Specialization. (Benson Varghese, Anna Summersett, and Letty Martinez).
- Comprehensive DWI Defense: From challenging the initial traffic stop to questioning the accuracy of field sobriety and chemical tests, our Fort Bend DWI lawyers explore every possible avenue of defense.
- Personalized Attention: We provide individualized attention to each client, developing tailored defense strategies based on the specific circumstances of your case.
What Constitutes Intoxication for a DWI in Texas?
Under Texas law, you can be charged with a DWI if:
- Your blood alcohol concentration (BAC) is 0.08% or higher;
- You were operating a vehicle while you had lost the use of your normal mental or physical faculties due to the effects of any intoxicating substance.
Potential Consequences of a DWI Conviction in Fort Bend County
A DWI conviction in Fort Bend County can have far-reaching consequences that extend beyond legal penalties. Our Fort Bend criminal defense lawyers will work tirelessly to help you avoid or minimize these consequences:
- Legal Penalties: These may include jail time, probation, fines, and mandatory alcohol education programs.
- License Suspension: Your driving privileges may be suspended, which can significantly impact your daily life and ability to work.
- Financial Impact: Beyond fines, you may face increased insurance premiums and costs associated with installing an ignition interlock device.
- Employment Consequences: A DWI conviction can affect your current job or future employment opportunities, especially if you hold a professional license or security clearance.
- Immigration Issues: For non-citizens, a DWI conviction can have serious immigration consequences, potentially affecting your visa status or path to citizenship.
- Personal and Social Repercussions: A DWI conviction can strain personal relationships and impact your social standing in the community.
Understanding the Criminal Penalties for a DWI in Fort Bend County
Understanding the different types of DWI charges and their associated penalties is crucial. Our Fort Bend DWI lawyers are experienced in handling all types of DWI cases:
| DWI Charge | Classification | Potential Penalties |
|---|---|---|
| First Offense | Class B Misdemeanor | 3 Days up to 180 days in jail, Fine up to $2,000, License suspension up to 1 year, Possible ignition interlock device |
| Second Offense (or First Offense with BAC ≥ 0.15) | Class A Misdemeanor | Up to 1 year in jail with a 30-day minimum if it is a second offense, Fine up to $4,000, License suspension up to 2 years, Mandatory ignition interlock device |
| Third Offense | Third-Degree Felony | 2-10 years in 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, Child endangerment charges possible |
| Intoxication Assault | Third-Degree Felony | 2-10 years in prison, Fine up to $10,000, License suspension up to 2 years |
| Intoxication Manslaughter | Second-Degree Felony | 2-20 years in prison, Fine up to $10,000, License suspension up to 2 years |
The DWI Arrest Process in Fort Bend County
Understanding the DWI arrest process specific to Fort Bend County can help you navigate this challenging situation more effectively. Below is a step-by-step guide tailored to the local context:
Initial Stop:
In Fort Bend County, various law enforcement agencies can initiate a traffic stop if they have reasonable suspicion that you are driving while intoxicated. This suspicion may arise from a traffic violation, erratic driving behavior, or other observable signs of impairment. Officers from the following agencies could be involved:
- Fort Bend County Sheriff’s Office
- City of Sugar Land Police Department
- City of Missouri City Police Department
- City of Richmond Police Department
- City of Rosenberg Police Department
- City of Stafford Police Department
- City of Meadows Place Police Department
- City of Fulshear Police Department
- City of Katy Police Department
Additionally, Texas Department of Public Safety (DPS) troopers often patrol highways and may also conduct DWI stops in Fort Bend County.
Investigation:
Once stopped, the officer will investigate whether you are intoxicated. This typically involves observing your behavior, asking questions, and possibly requesting that you perform field sobriety tests.
Arrest:
If the officer concludes that you are intoxicated, you will be arrested and taken into custody.
Where You May Be Taken:
Fort Bend County Jail
Address: 1410 Richmond Parkway, Richmond, TX 77469
Phone: (281) 341-4730
Chemical Testing:
At the station or jail, you will be asked to submit to a chemical test, such as a breathalyzer or blood test.
Locations for Blood Draws:
- OakBend Medical Center (Richmond Location)
Address: 1705 Jackson St, Richmond, TX 77469
Phone: (281) 341-3000 - Memorial Hermann Sugar Land Hospital
Address: 17500 W Grand Pkwy S, Sugar Land, TX 77479
Phone: (281) 725-5000 - Houston Methodist Sugar Land Hospital
Address: 16655 Southwest Fwy, Sugar Land, TX 77479
Phone: (281) 274-7000
Booking:
After chemical testing, you will be booked at the jail, which includes taking your photograph and fingerprints. You will then be held until you can post bail or appear before a judge.
Release:
Depending on the circumstances, you may be released on your own recognizance or required to post bail. Bail can be arranged through the Fort Bend County Jail or a local bail bondsman.
Court Appearances:
DWI cases in Fort Bend County are handled by the Fort Bend County Courts at Law and District Courts. Both misdemeanor and felony DWI cases are processed in these courts, all located at:
Fort Bend County Justice Center
Address: 1422 Eugene Heimann Cir, Richmond, TX 77469
Misdemeanor DWI Cases:
| Court Name | Phone Number |
|---|---|
| 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:
| Court Name | Phone Number |
|---|---|
| 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 |
How Our Fort Bend DWI Lawyers Can Help You
At Varghese Summersett, our Fort Bend DWI lawyers provide comprehensive legal support throughout your case:
- Immediate Action: We’ll quickly request an Administrative License Revocation (ALR) hearing to contest your license suspension. This must be done within 15 days of your arrest.
- Thorough Case Evaluation: Our Fort Bend DWI lawyers will meticulously examine every detail of your arrest, including the reason for the stop, the conduct of field sobriety tests, and the administration of chemical tests.
- Strategic Defense Development: Based on our evaluation, we’ll develop a tailored defense strategy.
- Skilled Negotiation: If appropriate, our Fort Bend DWI lawyers will negotiate with prosecutors for reduced charges or alternative sentencing options.
- Aggressive Trial Representation: If your case goes to trial, our experienced Fort Bend DWI lawyers will vigorously defend your rights in court.
- Post-Trial Support: If necessary, we can assist with appeals or help you navigate the requirements of probation or other sentencing conditions.
Fort Bend County DWI Courts and Legal Process
Our Fort Bend DWI lawyers are intimately familiar with all local courts where DWI cases are heard. This local knowledge is invaluable in navigating your case effectively.
Advanced DWI Defense Strategies
Our Fort Bend DWI lawyers employ a range of advanced defense strategies to protect your rights and achieve the best possible outcome in your case:
Challenging the Traffic Stop
We’ll scrutinize the reason for the initial traffic stop. If the officer didn’t have reasonable suspicion to pull you over, we may be able to have all subsequent evidence thrown out.
Questioning Field Sobriety Tests
Field sobriety tests are notoriously subjective and can be affected by various factors unrelated to intoxication. Our Fort Bend DWI lawyers will challenge the administration and interpretation of these tests.
Contesting Breath and Blood Tests
While chemical tests may seem definitive, there are many ways to challenge their accuracy. Our Fort Bend DWI lawyers will thoroughly investigate the handling and analysis of any chemical test results.
Exploring Constitutional Violations
We’ll examine whether your constitutional rights were violated at any point during your arrest or processing. Any constitutional violations could lead to evidence being suppressed or your case being dismissed entirely.
Serving All Cities in Fort Bend County
At Varghese Summersett, our Fort Bend DWI lawyers are committed to serving clients throughout Fort Bend County. We understand the unique characteristics of each community and the specific challenges that may arise in DWI cases across different jurisdictions within the county.
We proudly serve all cities and communities in Fort Bend County, including:
- Arcola
- Beasley
- Fulshear
- Kendleton
- Meadows Place
- Missouri City
- Needville
- Orchard
- Pearland (part)
- Pleak
- Richmond (county seat)
- Rosenberg
- Simonton
- Stafford
- Sugar Land
- Thompsons
- Weston Lakes
In addition to these incorporated cities, our Fort Bend DWI lawyers also serve residents in unincorporated areas and census-designated places (CDPs) within Fort Bend County, such as:
- Cinco Ranch (partial)
- Cumings
- Fifth Street
- Four Corners
