Fort Bend County DWI Lawyer

Seek the Experienced Sugar Land DWI Defense You Need

After you have been charged with DWI, it is essential that you contact our Sugar Land DWI attorney as soon as possible. You only have 15 days after the notification to challenge a suspension of a driver’s license.

Often, individuals accused of DWI believe there is nothing they can do to fight their charges. However, this is not always the case, and at The Sims Law Firm, PLLC, our Sugar Land DWI lawyer is devoted to fighting relentlessly to protect the rights and futures of the criminally accused.

Contact us at (713) 766-1445 for your free consultation with our Fort Bend County DWI attorney! Serving in Sugar Land, Fresno, Houston, and Rosenberg, TX.

What Constitutes a DWI in Texas?

Under Texas law, it is illegal to operate a motor vehicle in a public place while intoxicated. Intoxication is defined as:

• Having a blood alcohol concentration (BAC) of 0.08% or higher, or
• Lacking the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, or a combination thereof.

A DWI arrest is not a minor traffic ticket. It's a criminal charge that can escalate depending on your BAC level, whether you had a minor in the car, whether you have prior offenses, and whether the incident involved an accident or injury. As your Fort Bend County DWI attorneys, we aggressively challenge the prosecution's case to protect clients from harsh outcomes.

What are Common Types of DWI Charges We Handle in Texas?

DWI offenses can vary significantly in severity. Some of the most common DWI charges we handle include:

• First-Offense DWI (Class B misdemeanor)
• Second-Offense DWI (Class A misdemeanor)
• Third or Subsequent DWI (Third-degree felony)
• DWI with Child Passenger (State jail felony)
• Underage DWI
• Intoxication Assault or Manslaughter

Is a DWI a Felony or Misdemeanor in Texas?

A DWI is a felony if it is your third DWI offense and can still be a felony for your first or second offense under certain conditions. When someone gets injured in an accident with you and it is found that you were driving while intoxicated, no matter if it is your first DWI or second, you will face felony charges of the third degree called intoxication assault. If you've been arrested for drunk driving, contact our Sugar Land DWI lawyer today!

What is an Administrative License Revocation (ALR)?

In Texas, the law states that if you are driving a vehicle, you have automatically given consent to submit to a chemical test to determine your blood alcohol concentration. Therefore, if you provide a specimen that registers 0.08 or higher OR you refuse to provide a specimen, you will be subjected to an automatic driver's license suspension or revocation.

Separately from the criminal case, a DWI arrest triggers the ALR process—a civil proceeding where the Texas Department of Public Safety (DPS) seeks to suspend your driver's license. You have 15 days from the date of arrest to request a hearing. Failing to do so results in automatic license suspension.

If you have been arrested for DWI, contact our law firm, and we will attempt to prevent your license from being suspended and/or assist you in obtaining an occupational driver's license that allows you to travel to work, school, or tend to household duties while your case is pending.

What Are the Penalties for a DWI in Fort Bend County?

Unfortunately, mandatory jail time is associated with various DWI convictions. In addition to facing a potential jail or prison sentence (for a DWI with child passenger or Felony DWI), you could be facing other forms of punishment relating to your DWI arrest.

Such penalties may include:

• Fines ranging from anywhere between $2,000 - $10,000 depending upon whether you have been charged with a misdemeanor or felony DWI
• Enrollment in mandatory alcohol education programs
• Suspension of your driver's license
• Increased insurance rates
• A criminal conviction
• DPS Surcharges
• Mandatory Interlock installation in your vehicle

DWI is often referred to as an "opinion crime" because a determination must be made by a judge or a jury as to whether an individual has lost the "normal use" of their mental or physical faculties due to the introduction of alcohol or drugs into one's system. There may be legal grounds to challenge the basis of the police officer pulling you over that ultimately led to your DWI arrest or the validity of the blood or alcohol specimen that was collected from your person.

Can You Get a DWI Dismissed in Texas?

In Texas, DWIs are rarely dismissed. Cases in which a DWI can be dismissed include a police officer who might not have had a proper justification to stop you. In legal terms, this is known as reasonable suspicion. In other cases, a case could be dismissed if the officer did not have enough evidence to arrest you (also known as probable cause). An arrest can lack probable cause if the police officer did not administer any Standardized Field Sobriety Tests (SFSTs) or administers them incorrectly. Even if the stop was valid, a case can also be dismissed if it is weak, and the District Attorney's office does not feel it can prove it beyond a reasonable doubt.

What are Common Mistakes That Hurt DWI Defenses in Fort Bend County?

When facing a DWI charge, what you do immediately after the arrest matters. The following missteps can make your case harder to defend:

• Admitting guilt at the scene – Anything you say can be used against you in court.
• Refusing the breath or blood test – While you have the right to refuse, this can trigger immediate license suspension and complicate your defense.
• Failing to request an ALR hearing – This forfeits your chance to challenge the license suspension.
• Waiting too long to hire a lawyer – Early intervention gives your Fort Bend County DWI attorney time to gather evidence and begin building your case.

Schedule Your Free Case Evaluation with Our Sugar Land DWI Attorney

If you retain our firm's services, we will leave no stone unturned in an attempt to obtain the best possible outcome in your case, whether it be a dismissal, reduced charge, or "not guilty" verdict from a judge or jury. Our Fort Bend County DWI lawyer has over 15 years of experience and will not hesitate to challenge the evidence brought forth by the police, the prosecution, or contest the methods that were used by the arresting officer during his DWI investigation.

Our commitment goes beyond just legal representation. We prioritize understanding and addressing your concerns throughout the legal process. From initial consultations to navigating the intricacies of courtroom procedures, we ensure you are never in the dark and fully understand every decision made. Trust in us to advocate for your rights and safeguard your future.