Rosenberg Felony DWI Lawyer

Felony DWI Attorney in Rosenberg, TX

Driving while intoxicated is a serious offense under Texas law, and aggravating factors can lead to elevated felony charges. Felonies are more severe and punitive, where the accused may face years of incarceration and have a difficult time reintegrating into society. A Rosenberg, TX, felony DWI lawyer can help navigate these accusations and work towards achieving a desirable outcome for you.

At Segura & Kiatta, we understand the severity of these accusations. We offer support and are committed to providing aggressive representation both in and out of the court. Our attorneys have over 20 years of experience in criminal defense, and we can help exhaust all available avenues of defense to ensure fairness throughout the legal process. Hire a felony DWI lawyer who can advocate on your behalf.

Felony DWI Laws in Texas

Certain conditions in a DWI case allow the prosecution to charge the accused with felony DWI. These conditions account for the severity of the offense and the extent of threat or injury resulting from the individual’s drunk driving. Chapter 49 of the Texas Penal Code explains that felony DWI charges are applied under the following circumstances:

• The defendant operates a motor vehicle while intoxicated in a school crossing zone with a reduced speed limit in place. This is a state jail felony.
• The defendant drives while intoxicated with a child passenger. A child is defined as any person under 15 years old.
• The defendant operates a motor vehicle, where the intoxication results in the serious bodily injury of another. Serious bodily injury means that a person has a high risk of death or permanent disability. This is a third-degree felony.
• The defendant commits intoxication manslaughter, where the operation of a motor vehicle while intoxicated leads to the death of another by accident or recklessness. This is a second-degree felony.
• The defendant commits more than two DWI offenses. Subsequent offenses allow the prosecution to increase the charges.

Penalties for Felony DWI Cases in Rosenberg

Penalties for felony DWI cases can be severe in Rosenberg. An annual DWI report by the Rosenberg Police Department listed 138 charges filed in 2024. To promote safer roads and driving practices, convicted felony DWI offenders may face years in prison and hefty fines.

For instance, as stated by the Texas Department of Transportation, impaired driving with a child passenger may result in a $10,000 fine and/or up to two years in jail. Repeat offenders charged with third-degree felonies may be required to pay $10,000 in fines, as well as face up to 10 years in prison. Second-degree felonies may result in not less than two years and up to 20 years in prison.

Additionally, people convicted of felony DWI may have their driver’s license suspended. The accused may face social stigma, loss of mobility, and limited access to employment opportunities. A Rosenberg felony DWI attorney can help you avoid these outcomes through a well-crafted defense.

Potential Defenses for Felony DWI Cases in Rosenberg

Statewide data indicate that over 16,000 crashes in 2024 were attributed to driving under the influence of alcohol. These numbers have enticed Rosenberg PD to enhance operations on roads like Highway 36 S or Avenues H and I. Regardless, these operations must be conducted appropriately, as DWI arrests require both probable cause and proper procedure. Common defense arguments may include:

• Illegal traffic stop: A Rosenberg police officer needs reasonable suspicion to believe someone is driving while intoxicated. The absence of clear impaired driving signs, such as erratic driving, speeding over the limit, or swerving, may be challenged in court.
• Faulty BAC and breathalyzer tests: Blood alcohol concentration and breathalyzer tests determine whether the defendant has met the legal threshold to be considered intoxicated. These devices can be improperly administered or have calibration errors, therefore giving inaccurate results.
• Improper procedure: This may include a violation of the defendant’s constitutional rights, illegal searches and seizures, collection of inadmissible evidence in court, and a police failure to check all appropriate boxes before an arrest. This could lead to dismissal of charges.

FAQs

What Is the Minimum BAC Level for Intoxication in Texas?

Per the Texas Department of Transportation, the minimum blood alcohol concentration level for intoxication in Texas is 0.08%. However, the state may still consider any action indicating the presence of alcohol in the driver’s bloodstream, like erratic driving, as DWI. Higher BAC levels may raise the severity of the charges, potentially resulting in a felony DWI.

Can I Get Probation for a Felony DWI in Texas?

It is difficult to get probation for a felony DWI in Texas. These cases are more complex and severe than misdemeanor DWIs, and judges are more reluctant to grant probation. The courts may consider past criminal record, severity of the offense, or extent of injuries to another before granting probation. An experienced Rosenberg, TX, felony DWI lawyer at our firm can review your case and discuss the viability of this option.

Will I Get My Driver’s License Suspended Upon a Felony DWI Conviction in Texas?

Yes, you will likely have your driver’s license suspended upon a felony DWI conviction in Texas. While this may seem overwhelming, you can have these privileges restored after completing an Alcohol Education Program, serving this penalty for a designated number of years (usually two or more), or installing an ignition interlock device in your vehicle.

How Do I Get Felony DWI Charges Dismissed in Rosenberg?

There is no one specific way to get felony DWI charges dismissed in Rosenberg. However, defendants may refer to previous resolutions of similar cases in Rosenberg to have a better understanding. Working with our knowledgeable local felony DWI attorneys can increase the likelihood of a dismissal because they can assist with challenging the prosecution and building a solid defense for your DWI case.

Hire a Felony DWI Lawyer Today

At Segura & Kiatta, our attorneys have effectively resolved felony DWI cases throughout Rosenberg and the state of Texas. We are knowledgeable about state law and local courts, and our team is committed to defending our clients’ rights as they navigate the Texas criminal justice system. Contact us today for a free consultation.