Sugar Land DWI Lawyer

Sugar Land DWI Attorney

If you’re facing DWI charges, we understand how you are feeling. The stress, uncertainty, and fear of what comes next are a heavy burden to face. You do not need to carry this alone. You need a Sugar Land DWI lawyer to start building your defense and fight for your rights.

How a Sugar Land DWI Attorney Can Help

At Surginer Stewart PLLC, our skilled team focuses on defending individuals who are accused of DWI and other criminal offenses. We can guide you through the criminal justice system and provide comprehensive, personalized legal representation from start to end, including help with:

• Negotiating plea bargains
• Preparing for trial
• Reviewing evidence
• Representing you in court

Beyond the courtroom, we can provide advice on minimizing the charge’s impact on your employment, housing, and education. When you have an experienced DWI attorney from our firm by your side, you improve your chances of a favorable outcome and a more positive future in Sugar Land.

Sugar Land DWI Laws and Penalties

Texas takes driving while intoxicated (DWI) offenses seriously and has some of the toughest laws in the nation. In 2020, 963 people died on Texas roads, while over 2,000 were injured due to intoxicated driving. Fort Bend and Harris County law enforcement personnel take these numbers seriously when enforcing laws.

Under Penal Code § 49.04, you can be charged with a DWI if your blood alcohol content (BAC) is 0.08% or higher. However, even if your BAC is below this limit, you could still face charges if alcohol, drugs, or a combination of both impair your mental or physical abilities.

The DWI penalties in Texas can be severe and will increase with each subsequent offense.

First Offense:

• Fines up to $2,000
• 3-180 days in jail
• License suspension for up to one year

Second Offense:

• Fines up to $4,000
• 3 to 180 days in jail
• License suspension for up to two years

Third Offense:

• This becomes a felony charge
• Fines up to $10,000
• 2 to 10 years in prison
• A permanent felony record

Keep in mind that there are special circumstances that can lead to more severe penalties, including having a child as a passenger, causing injury or death to another in an accident, or having a BAC of 0.15% or higher.

Potential Defenses for a DWI Charge

There are many defenses that can be used in a Sugar Land DWI case. Your legal team may use one defense strategy, a combination of multiple strategies, or any other unique methods.

Challenging the Initial Stop and Arrest

One primary defense involves demonstrating a lack of probable cause for the stop. Law enforcement officers are required to have a legitimate reason to pull you over. If the officer stopped your vehicle without concrete signs of a traffic violation or observable criminal behavior, any evidence gathered could be deemed inadmissible in court.

Your defense may also look into whether or not an illegal search or seizure happened. Your Fourth Amendment rights protect you against these, so if an officer searched your vehicle or person without proper consent, a warrant, or a valid reason, any evidence obtained through this search could be suppressed.

Challenging Chemical Test Results

Breath and blood tests are often central evidence in DWI cases, but their results are not always infallible. For breathalyzer tests, one common issue is improper calibration or maintenance. If the device has not been properly maintained or the officer was not provided adequate training, the test result reliability might be questioned.

Other factors that might impact the chemical test results are if you used alcohol mouthwash, have certain medical conditions like diabetes or balance issues, or have a naturally high body temperature.

Procedural and Constitutional Violations

There are certain procedural and constitutional violations committed by law enforcement or prosecution that can impact your case. One common violation is not being given your Miranda warnings. Any information they received without Mirandizing you could be inadmissible in court.

There could have been a lack of due process, you were not given the right to legal counsel, there were chain of custody issues with the evidence, or even evidence contamination.

FAQs

Q: What Are the Penalties for a DWI in Sugar Land?

A: The penalties for a DWI in Sugar Land depend on whether it is a first or subsequent offense. For a first DWI offense in Texas, you could face fines up to $2,000, a jail sentence ranging from 3 to 180 days, and a driver’s license suspension for up to one year. Repeat offenses will mean escalating penalties, bringing a third offense up to a felony with fines of up to $10,000, a prison sentence of 2 to 10 years, and a license suspension of up to 2 years.

Q: Will I Have to Install an Ignition Interlock Device (IID)?

A: Yes, in Texas, you will likely need to install an IID after a DWI if you are a repeat offender or your first offense included a BAC of 0.15% or higher. Even if your first offense has a lower BAC, a judge might order the installation of an IID as a bond condition or if you want an occupational license.

Q: Will a DWI Conviction Impact My Criminal Record?

A: Yes, a DWI conviction will impact your criminal record permanently. It will show up on background checks requested by employers, landlords, and universities and significantly impact your employment, housing, and educational opportunities. You may be able to request a nondisclosure order to seal the record from public view if you are a first-time offender, but law enforcement will still be able to access it.

Q: What Does Per Se Intoxication Mean?

A: Per se intoxication means you are legally considered intoxicated if your BAC is 0.08% or higher. This is true regardless of whether you show visible signs of impairment or not. If you are a commercial driver, this amount is 0.04% and if you are under 21, it is any detectable amount of alcohol or drugs.

Hire a DWI Lawyer in Sugar Land

Texas has some of the toughest penalties in the nation for DWI. If you have been arrested and charged with a DWI, you need experienced legal defense. Contact Surginer Stewart PLLC to hire a DWI lawyer and schedule a consultation right away.