Fort Bend County Felony DWI Lawyer

Trusted Felony DWI Attorney in Fort Bend County, TX

People get pulled over often in Fort Bend while driving, and many are accused of drunkenness or intoxication from other drugs. While DWI arrests happen often, it does not always mean that the defendant is guilty of the charged crime. Retaining a Fort Bend County felony DWI lawyer can be incredibly beneficial when navigating these matters.

The officer could have been wrong in determining that the defendant was intoxicated, or they could have violated the defendant’s rights during a traffic stop. While first and second DWI convictions are typically classified as misdemeanors, such crimes still have serious consequences.

Penalties can result in jail time and hefty fines, along with collateral consequences, such as a spike in automobile insurance rates. Therefore, it’s critical to have an experienced Fort Bend County criminal defense lawyer on your side who can defend you in and out of court.

Trust Our Skilled Defense Attorneys Serving Fort Bend County

At Segura & Kiatta, Criminal Defense, our team of passionate and knowledgeable DWI lawyers has experience working in both first-time and subsequent DWI cases in the Fort Bend area. Our criminal defense firm has more than 20 years of experience, and we have managed thousands of complex criminal cases involving both misdemeanors and felonies.

We maintain memberships with groups like the Texas DWI Defense Lawyers Association to keep up with important developments. Our knowledge of the court system and administrative processes, along with the Texas driving laws and other critical legislation, allows us to put the optimal case forward for our clients. We handle a range of DWI cases, from those that involve underage drinking to others that include aggravated assault charges.

Fort Bend County First DWI Charges

If you have been charged with a DWI for the first time, you are probably wondering what the potential consequences will be. Many Texans who get arrested for their first DWI have never been charged with a crime before and, therefore, have no experience with the criminal justice system. In Texas, the DWI laws are strict, even if the individual is being charged for the first time.

Potential penalties associated with the criminal case can also be exacerbated if certain aggravating factors were involved, such as a high BAC level or the presence of a minor in the vehicle at the time of arrest.

A knowledgeable Fort Bend DWI lawyer can represent you through the legal processes of your DWI case, construct a strong defense, and pursue reduced or even dropped charges.

Potential Penalties for a First DWI in Fort Bend County, TX

Typically, if you are charged with a DWI for the first time, then this is classified as a Class B misdemeanor. The maximum penalty that can result from a conviction is up to $2,000 in fines and up to 180 days of jail time. Unless you get probation, you will spend at least three days in jail.

Prosecutors may try to bring in more evidence for your case that could make your charges aggravated, which can result in an increase in the severity of your penalty. Therefore, it’s important to work with an experienced DWI defense lawyer who can analyze all the evidence that the prosecution has brought against you and mount a compelling defense.

Aggravating Factors That Can Increase First DWI Penalties

In the state of Texas, the DWI penalties are strict, even for first-time offenders. As aggravating factors are introduced, the associated penalties can greatly increase in severity. Thus, it’s important to understand what your charges are and what the associated penalties might be.

Driving With a Passenger Under the Age of 15

If you get a DWI and were driving with a passenger who was under the age of 15 at the time of arrest, then your charges will automatically be increased to a felony, even if it is your first DWI. Maximum penalties that you can face include up to $10,000 in fines and anywhere from 180 days to two years of jail time.

Having a High BAC Upon Arrest

Additionally, if you blow a BAC of 0.15 or greater, then your charges can be increased to a Class A misdemeanor. This means that you can face up to a year in jail and may have to pay up to $4,000 in fines.

If you are charged with having a high BAC in Texas, then you may also have to install an ignition interlock device, or IID, in your automobile. This machine takes your BAC level and will only start if you are below a certain BAC.

Assaulting or Killing an Individual as a Result of Driving Intoxicated

The penalties associated with your charges can be seriously increased if you were drunk driving and another person was harmed as a result. Your charges can be upgraded to a third-degree felony, known as intoxication assault. Regardless of whether you have been charged with a DWI before, you can face two to ten years of prison time and have to pay up to $10,000.

If an individual involved in the accident lost their life because you were drunk driving, then your charges can be upgraded to a second-degree felony of intoxication. If convicted on these charges, you may have to pay up to $10,000 in fines and spend anywhere from two to 20 years in prison.

Facing intoxication manslaughter or assault charges can be extremely overwhelming and, if you’re convicted, the resulting penalties can have a serious impact on the rest of your life. Therefore, it is critical to get in touch with an experienced DWI Fort Bend lawyer who can defend you.

What Makes a DWI a Felony or a Misdemeanor?

When someone is charged for the first time with a DWI, and there are no aggravating factors involved, the suspect typically faces a misdemeanor charge, specifically a Class B misdemeanor. If the driver’s BAC is 0.15% or higher, they could face a more serious Class A misdemeanor. Certain aggravating circumstances can lead to felony charges that carry substantially harsher penalties.

For example, a third or subsequent DWI conviction is generally charged as a third-degree felony, while a DWI involving a passenger younger than 15 is also a felony offense. If an intoxicated driver causes serious bodily injury to another person, prosecutors may pursue intoxication assault charges. In 2024, 1,053 people were killed in DWI collisions, and a fatal collision could lead to intoxication manslaughter charges, which is also a felony offense.

There are many important distinctions between a misdemeanor and a felony conviction. Sentencing for a misdemeanor could mean probation or confinement at Fort Bend County jail, located at 1410 Richmond Parkway in Richmond. Felony convictions expose defendants to significantly longer prison sentences and other severe consequences.

While any criminal record can be damaging to someone’s reputation and future, a felony on your record would be particularly harmful.

Defense Strategies for Contesting a Felony DWI

The right defense strategy for contesting a felony DWI should be tailored to the facts of the case. A skilled defense attorney can take a fresh approach to your case by examining the evidence and carefully listening to your account of events. How the arrest was made and the validity of the state’s accusations of aggravated factors can all determine which defense strategy to use.

One key consideration is whether the officer had reasonable suspicion that a crime was being committed when pulling you over. Local police cannot detain someone without a reason, and being out late at night or in a certain neighborhood does not provide sufficient grounds for pulling someone over and questioning them.

Accusations that someone had an extremely high BAC can be questioned by examining how the field sobriety test was conducted and when the breathalyzer was last tested. The collection, handling, and analysis of blood samples can also lead to inconclusive results. Breaks in the chain of evidence can undermine a case and potentially lead to a dismissal.

Any steps that weaken the prosecution’s claims can lead to reduced or dropped charges. A defense attorney can consult an accident reconstructionist, review dashcam footage, or check bodycam videos to gain a fuller idea of what happened on the day of the arrest. Prosecutors carry the burden of proof in these matters, so the right defense strategy can prevent them from reaching that high bar.

What to Expect While Facing Criminal Charges for a Felony DWI

Being pulled over and arrested near Golden Acres, Shady Oaks Estates, or another neighborhood in Fort Bend County can lead to a sequence of steps as the criminal court process moves forward. When someone is arrested for a crime, they are typically transported to the nearest jail for booking and processing. While there, jailers take fingerprints and photographs. A very serious offense could lead to long-term confinement in jail if bail is not granted.

Soon after the arrest, the suspect is formally notified about the charges they are facing. Then, they are allowed to plead guilty or not guilty. Entering a “not guilty” plea begins the pre-trial phase, where the defense can gather evidence through the process of discovery.

This is a crucial period for the defense because it allows them to examine the evidence being used by the prosecution. A careful review could reveal weaknesses in the state’s case that could support the defense.

If the defense attorney finds that law enforcement violated their client’s rights, it could lead them to file a motion to suppress evidence. Breaks in the chain of custody or findings that a breathalyzer was uncalibrated could also lead to favorable outcomes.

The criminal case could be resolved through plea bargaining or dropped charges. When prosecutors no longer have sufficient evidence to make their case, that can lead to positive outcomes for the defense.

What to Do If You’ve Been Charged With a Felony DWI

A felony DWI charge in Texas can lead to prison time, substantial fines, driver’s license suspension, and other lasting consequences. Taking the right steps after an arrest can protect your rights and give your attorney more opportunities to build a strong defense.

Do not discuss the incident with the police without an attorney present. You have the right to remain silent, even if an officer suggests that answering questions will help your situation. Avoid discussing the case with friends, coworkers, alleged victims, or witnesses. Text messages, phone calls, emails, and social media posts could later be used as evidence.

Contact a felony DWI defense lawyer as soon as possible. An attorney can examine:

• The reason for the traffic stop
• The arresting officer’s actions
• Field sobriety test results
• Bodycam footage
• Breath or blood testing procedures

If the felony charge is based on earlier DWI convictions, your attorney can determine whether these convictions legally qualify to enhance the current offense.

Act quickly to protect your driving privileges. A DWI arrest may trigger an administrative license revocation proceeding that is separate from the criminal case. You generally only have 15 days after receiving a notice to request a hearing and challenge the suspension. Missing this deadline may cause the suspension to take effect automatically.

Follow every bond condition and court order while your case is pending. Depending on the circumstances, you may have to:

• Install an ignition interlock device.
• Avoid alcohol.
• Submit to testing.
• Report to a supervision officer.
• Follow travel restrictions.

Violating these terms could result in your bond being revoked and your return to jail.

Preserve anything that could help your defense. Keep your:

• Arrest paperwork
• Bond documents
• Receipts
• Photos
• Medical records
• Communications related to the incident

Write down what you remember about what the officer said, where you were, when you drove, what you consumed, and how the tests were conducted. Small details may become harder to recall as time passes.

Finally, attend every court appearance and stay in regular contact with your lawyer. Do not assume that a felony charge will automatically lead to a conviction. Depending on the evidence, your attorney may:

• Challenge the testing.
• Seek the exclusion of illegally obtained evidence.
• Dispute felony enhancement.
• Negotiate to reduce charges.
• Pursue dismissal.

Why You Should Hire a Felony DWI Lawyer

Accusations of harming someone while intoxicated, driving with a child while under the influence, or repeatedly drinking while driving can lead to serious legal challenges. These can jeopardize your future and your driving privileges.

Whether you were pulled over at Brazos Town Center, The George Range, or elsewhere in Fort Bend County, the decision to hire a felony DWI lawyer should be your top priority. A Fort Bend County felony DWI attorney can:

• Explain the criminal court process.
• Carefully listen to your account of events.
• Scrutinize the prosecution’s evidence for weaknesses or inconsistencies.
• Explore whether your rights were violated.
• File motions to suppress evidence when possible.
• Handle negotiations with prosecutors.
• Protect your rights and interests at every step.
• Explain the benefits or drawbacks of accepting a deal.
• Pursue a trial when needed.

A felony DWI lawyer brings years or decades of experience to these matters. They can independently investigate your case, looking for instances where law enforcement made missteps or failed to follow their own procedures. Their support and understanding of felony DWI laws can shield you from felony DWI penalties, which could jeopardize your freedom in a state with 248,000 people serving time behind bars.

Tips for Finding the Right Felony DUI Attorney

Finding the right attorney can be crucial for shaping the outcome of your charges. Look for a lawyer who lives and works in your community. That way, they understand the local courts, along with the personalities and past rulings of judges.

Their knowledge of how local prosecutors work can also be a benefit for your case. If the law firm has been around for several years or decades, that is also an important factor.

Awards, recognitions, and memberships with professional legal groups can also show that an attorney is highly qualified. Come to your first consultation with questions, and pay attention to how well they listen to your concerns and questions.

Consequences of a Felony DWI Conviction Beyond Prison

The effects of a felony DWI conviction can continue long after a person completes a prison sentence, probation, or other court requirements. Because the conviction becomes part of the person’s criminal record, it may appear during background checks and affect important parts of everyday life. Possible long-term consequences include:

• Difficulty finding or keeping a job, especially when the position requires driving
• Suspension or loss of a professional license
• Disqualification from holding a commercial driver’s license
• Higher automobile insurance premiums or loss of coverage
• Difficulty securing housing, loans, or certain educational opportunities
• Restrictions on possessing firearms under state and federal laws
• Immigration complications for people who are not U.S. citizens

Some consequences depend on the specific felony charge. For example, intoxication assault or intoxication manslaughter may create different legal and professional problems than a felony charge based on prior DWI convictions. Employers, licensing boards, and government agencies may also apply their own rules when reviewing an applicant’s record.

Clearing the conviction later can be difficult. A felony DWI conviction generally does not qualify for expunction or an order of non-disclosure in Texas.

This means the record may remain publicly accessible and continue appearing in many background searches. However, eligibility for record clearing depends on how the case ends, so a dismissed charge or acquittal should be reviewed separately.

Non-citizens should also seek immigration advice before accepting a plea agreement, as the consequences depend on the exact defense and the person’s immigration status. The defense attorney can consider these broader effects when challenging the charge or negotiating a resolution. Avoiding or reducing a felony conviction may protect more than a person’s immediate freedom.

FAQs

How Much Does a Lawyer Cost for a DWI in Texas?

The cost of a Fort Bend County felony DWI attorney depends on the charge, criminal history, and case’s complexity, along with whether the case goes to trial. Lawyers may charge a flat fee or bill by the hour. Felony cases usually cost more because they involve greater penalties and more extensive investigations. Additional expenses may include expert witnesses, laboratory reviews, investigators, and court fees. During a consultation, ask what the quoted fee covers and what added costs could arise later.

Can a Lawyer Get DWI Charges Dropped?

A lawyer may get DWI charges dismissed if the evidence is weak, unreliable, or collected illegally. Possible issues include:

• Unlawful traffic stops
• Faulty breath or blood testing
• Improper field sobriety tests
• Missing video
• Violations of your rights

A lawyer can review police reports, recordings, lab results, and witness statements to identify problems. Dismissal is never guaranteed. If dismissal isn’t possible, your DWI lawyer may seek reduced charges, lesser penalties, or another favorable outcome.

Can a First DWI Be Charged as a Felony?

Yes, a first DWI can be charged as a felony in Texas when certain aggravating circumstances apply. Driving while intoxicated with a passenger younger than 15 is a state jail felony. A driver may also face felony intoxication assault charges if another person suffers serious bodily injury. Felony intoxication manslaughter charges can apply if someone dies. However, a blood alcohol concentration of 0.15 or higher alone generally makes a first DWI a Class A misdemeanor rather than a felony offense.

Can You Avoid Jail Time for a First DWI in Texas?

A person may avoid jail time for a first DWI in Texas, but the outcome depends on the facts of the case. Options may include probation, a plea agreement, or dismissal when the evidence is insufficient. However, a first DWI generally carries at least three days in jail upon conviction, although time served or probation terms may affect actual confinement. Cases involving a BAC of 0.15 or higher, an accident, or a child passenger may result in harsher penalties.

An Aggressive DWI Defense You Can Count On

If you have been recently charged with drunk driving or driving under the influence, you may be concerned about what your next steps should be. It’s important to act quickly to make sure that you meet all pertinent deadlines, such as the administrative hearing for getting your license back.

A DWI lawyer from Segura & Kiatta, Criminal Defense, can handle all of the legal logistics pertaining to your case so that you can focus on getting back to normal. Our criminal defense lawyers can work closely with you to understand the details of your case.

How your traffic stop was conducted, whether you are taking any prescribed medications, and whether your constitutional rights were compromised are all important details. We are technical and precise in approaching the details so that we can build an optimal defense for your case. Contact one of our Fort Bend DWI lawyers today to learn more.