Fort Bend DWI Lawyer

Fort Bend DWI Defense Attorney

Being arrested for driving while intoxicated (DWI) can be an incredibly intimidating and stressful situation. A conviction of a DWI can have long-term consequences on your driving privileges, freedom, and future opportunities. However, an arrest does not mean you are going to be convicted. If you are facing an arrest or charges for a DWI, you need a skilled Fort Bend DWI lawyer by your side to protect your rights.

With a DWI defense attorney, you may be able to avoid the most significant penalties you face and may even be able to avoid conviction. An attorney can help you in administrative and criminal proceedings throughout the DWI process, protecting your driver’s license and creating a strategic defense against your criminal charges. The situation you are in can be overwhelming, but you don’t have to handle it alone.

Greco Neyland, PC, Protecting Your Interests Following a DWI

Greco Neyland is a team of knowledgeable criminal defense attorneys with significant experience defending against aggravated DWI charges. Attorneys in our firm have a background in prosecution. This gives us a unique understanding of how the prosecution works. We know how to find weak spots in the prosecution’s evidence against you and create a strategic and multifaceted defense for your situation. Our team provides you with aggressive legal support to protect your interests.

Understanding DWI Laws in Fort Bend

Driving under the influence of alcohol or controlled substances is illegal because it is dangerous for you and everyone on the road with you. In fact, an average of 32 Americans are killed every day in drunk driving crashes. That’s one death every 44 minutes on roads like Highway 6 and I-69. Driving impaired limits your ability to make decisions quickly and with appropriate care. This increases the chances of you causing an accident on the road.

The offense of DWI in Texas occurs when an individual is found operating a motor vehicle in a public place while intoxicated. Intoxicated under state law is defined as explained below:

• Not having full function of mental or physical faculties due to the use of alcohol, drugs, controlled substances, or a combination of these substances
• Having a blood alcohol concentration (BAC) of 0.08% or higher

Under these laws, you do not have to meet the legal BAC limit to be arrested and charged with a DWI. If an arresting officer deems that you do not have full control of your faculties due to impairment by a substance, it may be sufficient for you to be arrested.

This type of DWI, if there are no aggravating factors, is charged as a Class B misdemeanor. Typically, a Class B misdemeanor includes one or both of the following penalties listed below.

• Jail time: Up to 180 days.
• Fines: Up to $2,000.

A first-time DWI Class B misdemeanor is unique, though, as it carries a minimum sentence of 72 hours in jail.

Aggravating Factors in a DWI Case

There are several factors that can worsen the charges associated with a DWI. One of the main aggravating factors is having prior DWI convictions on your record within a certain span of time. Each subsequent DWI offense results in more significant penalties. A judge is likely to be less lenient with sentencing in subsequent DWI cases.

Other factors surrounding a DWI offense that worsen penalties are listed below:

• Open alcohol container: Class B misdemeanor with a minimum sentence of six days in jail.
• 15% BAC or higher: Class A misdemeanor, resulting in either up to one year in jail, a fine of $4,000, or both.
• Passenger under 15 years old: State jail felony, resulting in jail time between 180 days and two years and up to $10,000 in fines.
• Intoxication assault or causing serious bodily injury: Third-degree felony, with penalties of between two and ten years in prison and fines of up to $10,000.
• Intoxication manslaughter or causing death: Second-degree felony, with between two and 20 years in prison and fines up to $10,000.

DWI With a Child Passenger

Driving under the influence of alcohol or drugs is always a serious mistake, but when you drive with passengers, it puts them at risk, as well. In Texas, under Texas Penal Code § 49.045, driving while intoxicated with a passenger under 15 years of age automatically elevates the offense to a state jail felony, meaning it is punishable by more than a year in jail.

If the child in question is your child, it is very possible that child protective services may remove your child from your custody.

DWI Involving Drugs (DWI-D)

Driving while intoxicated does not only refer to alcohol. In Texas, you can also be charged with a DWI if you are operating a vehicle under the influence of medication that alters your ability to drive safely. This is still true even if the medication is prescribed to you, such as Adderall or Ambien. This is why it is so important that you understand how a medication affects you before you drive a car while using it.

Of course, it is always illegal to drive a car while under the influence of illegal drugs, including marijuana in most cases. In Texas, marijuana use is mostly illegal under the Texas Controlled Substances Act outlined in the Texas Health and Safety Code § 481. If a police officer suspects you are driving under the influence of any drug, they may have probable cause to arrest you and have your blood tested for drugs.

Underage DUI vs. DWI

In Texas, it is illegal to drive with any amount of alcohol in your system if you are under the age of 21. This zero-tolerance policy is designed to deter underage drinking entirely, as the consequences for driving under the influence are severe even for a first offense.

Any minor who is caught driving with any amount of alcohol in their system could face a $500 fine, a community service sentence of 20 to 40 hours, a driver’s license suspension for up to 60 days, and a mandatory alcohol awareness class.

Penalties increase if a driver is age 17 or older and is caught with a BAC of 0.08% or higher. This charge can carry a potential minimum jail term of three days, with a maximum sentence of six months, a fine of up to $2,000, and a suspended driver’s license for a period of 90 days to one year.

BAC can be measured by either blood testing or a breathalyzer. It is important to note that a minor can be charged with DUI, or driving under the influence, if there is any detectable alcohol in their system. The more serious charge of DWI, or driving while intoxicated, requires the BAC to meet or exceed the standard limit of 0.08%.

Hire a DWI Lawyer with Experience in Fort Bend DWI Cases

If you’ve been charged with a DWI or DUI of any kind in Texas, you should hire a DWI lawyer as soon as you can. Your attorney can help you prepare by reviewing the details of your case, explaining your legal position to you, and beginning to build a compelling defense.

Scientific Defenses Against DWI Charges

In many cases, a DWI charge against someone depends on the results of scientific or field-based tests. Usually, if a police officer suspects DUI, they administer a breathalyzer test, a blood alcohol test, field sobriety tests, or all three. These methods, while often reliable, are certainly not foolproof.

Breathalyzer Test Results Can Be Inaccurate

One would like to think that an instrument such as the Intoxilyzer 9000, which is the breath analysis device Texas uses for DUI suspects, would be accurate 100% of the time. Unfortunately, this is not the reality, and there have been cases of individuals who were not intoxicated receiving false positive results.

In order to work properly, these devices must be properly calibrated. When they are not, a device can essentially be “set” to the wrong standard, sometimes producing false positive or negative results. This step is so important that the Intoxilyzer 9000’s operation manual specifically says that 10 separate calibration tests must be administered before the instrument is ready to use.

The Intoxilyzer 9000 is a technical device, and officers should be trained on its proper use. Lapses in training certification can reflect a dearth of education. Improper operation of the machine can yield false positive results.

Another factor that can lead to a false positive Intoxilyzer 9000 result is residual mouth alcohol. This is alcohol that is physically present in the mouth, not necessarily in the blood or lungs. A person may have residual mouth alcohol from recently consuming an alcoholic beverage (even if the person is not intoxicated), burping or having acid reflux after drinking, or even from using mouthwash.

Challenging Blood Test Results in Fort Bend

Blood tests are not flawless, and it is very possible to get false positive results or results that should be questioned in terms of their legal validity. When a blood sample is taken from a suspect, law enforcement and the labs they work with must follow a strict chain of custody to prevent tampering, contamination, or misplacement of the sample. If procedures were not followed, you and your attorney are within your rights to question the results.

Additionally, blood can ferment if it sits in a test vial long enough. This natural process can actually produce alcohol in the sample, leading to false positive results.

Challenging Field Sobriety Tests in Fort Bend

A field sobriety test is an assessment that a police officer may ask a person to complete, usually on the side of the road, if the officer suspects the person is driving while intoxicated. The assessment includes tests of balance, coordination, and cognition, such as walking a straight line heel-to-toe, touching fingers to nose, or completing a horizontal gaze nystagmus test, during which an officer might ask the suspect to follow their finger from side to side.

Although these assessments can be reliable indicators of intoxication, it is possible for a person to fail a field sobriety test for reasons other than intoxication. For example, certain medical conditions may cause a person to exhibit horizontal gaze nystagmus. Others may affect a person’s ability to walk a straight line, but not their ability to drive safely.

If you failed a field sobriety test but were not intoxicated, your attorney can help you explain the test results through other means.

FAQs About Fort Bend, TX DWI Laws

How Much Does a DWI Lawyer Cost in Texas?

How much a DWI lawyer costs in Texas varies on factors such as the attorney that you work with and the unique DWI charges you face. More complicated DWI cases with more severe charges are likely to require more of an attorney’s resources and time and, therefore, are more expensive. A more experienced attorney is also likely to charge a higher rate, but a more experienced attorney is also more likely to be able to secure the most beneficial outcome for you.

How Do I Beat a DWI Charge in Fort Bend?

The most effective way to beat a DWI charge in Fort Bend is to work with a qualified and experienced Fort Bend DWI Lawyer to create a strong defense against the charges you face. A good DWI defense challenges the evidence the prosecution has, dismisses evidence that was obtained illegally, and uses relevant procedural defenses. These actions and defenses taken together make a defense more likely to be successful and could mitigate or eliminate DWI charges.

Can a DWI Be Reduced in Fort Bend?

A DWI could potentially be reduced in Fort Bend depending on the specifics of your unique DWI arrest and charge. The prosecution may offer a plea deal to reduce the charges you face if a conviction is going to be difficult to secure. The penalties for a DWI conviction could be lower than the maximum, depending on the discretion of the judge. You are more likely to have a DWI reduced if you work with a defense attorney.

Is Jail Time Mandatory for the First DWI Charge in Fort Bend?

Yes, jail time is typically mandatory for a first DWI charge in Fort Bend. There is a minimum term of confinement of 72 hours listed for a DWI offense that is not aggravated. Aggravating factors can increase this minimum sentence. Additionally, the exact sentence you receive relies on factors such as the judge’s leniency and the skill of your attorney. A first offense can have a longer sentence, if the judge wishes, of up to 180 days.

Find the Right Legal Support After a DWI Arrest in Fort Bend

If you have been arrested or charged with a DWI in Fort Bend, TX, you need a legal defense sooner rather than later. The earlier a qualified attorney can begin working on your case, the better prepared a defense is likely to be. Greco Neyland, PC, wants to help support you and protect your future. Contact our firm to see how we can preserve your rights and defend you against DWI charges.

*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits