Fort Bend County DWI Defense Lawyers

Arrested in Harris or Fort Bend County? Call (281) 761-7160 Today

Being arrested and charged with driving while intoxicated (DWI) is a serious offense that requires the representation of an understanding and dedicated DWI defense attorney. The evidence collected during chemical tests and field sobriety tests may seem foolproof, but the truth is that an experienced lawyer can often help you dismantle the arguments presented by prosecutors. At Stornello Law Firm, P.C., we are not afraid to actively pursue the best possible outcome for your situation and ensure that your rights and freedoms are defended.

When you work with our firm, you will be working with a trusted lawyer who has more than 20 years of legal experience assisting clients throughout Fort Bend County and the greater Houston area. With the benefit of having a former prosecutor on our team, we know what to look for in a prosecutor's case and we are not afraid to challenge evidence collected during a DWI stop. Our firm can provide outstanding representation and counsel regarding any DWI matter.

DWI Cases We Handle

Intoxicated Manslaughter
This second-degree felony could potentially result in serious penalties. If you were found to be operating a vehicle under the influence of alcohol and were involved in an accident that caused the death of another person, you will be charged with intoxicated manslaughter.

Felony DWI
If you were involved in an accident while you were under the influence of alcohol and you caused serious property damage or bodily damage to another person, you could be charged with a felony DWI. You will need a skilled Fort Bend County DWI attorney to defend against felony charges.

DWI Penalties
Depending on your criminal history, the property damage you caused, or the injuries that were caused because of your negligence, you could be facing serious penalties.

First Offense:

• Up to $2,000 in fines
• Up to 6 months jail time
• Maximum 100 hours of community service

Second Offense:

• Up to $4,000 in fines
• Up to 1 year in jail
• Maximum 200 hours of community service
• Between 6 months – 2 years driver’s license suspension

Third Offense:

• Up to $10,000 in fines
• Up to 10 years jail time
• Installation of deep air lung device
• Maximum 600 hours of community service
• Between 6 months – 2 years driver’s license suspension
• Alcohol rehabilitation programs

ALR / Driver's License Hearing
After an arrest, you will have 15 days to request a hearing before an administrative board. This process, known as an administrative license revocation (ALR) hearing will give you the opportunity to defend your driving privileges. If you fail to request a hearing, your driver's license will automatically be suspended. It is important that you retain the representation of a Sugar Land DWI attorney before this hearing.

Your Rights at a DWI Stop in Sugar Land

What are your rights in this situation? First, you simply do not have to answer any question about drinking or where you have been or are going. You don't have to do any "tests". You don't have to give a sample of your breath or blood.

You do have the right to remain silent and not to answer any questions asked of you. You are required to identify yourself by giving the officer your driver’s license and your name and date of birth, but you have the right to refuse to perform any field sobriety tests and you have the right to refuse to give a breath or blood sample.

Do I have to take a field sobriety or blood test in a DWI investigation in Texas?

Now in Texas, the DPS will attempt to suspend your driver’s license for refusing to give a breath or blood sample. You also have the right to request a lawyer be present before any questioning. You should invoke both your right to remain silent and your right to an attorney. Everything done by the police officer in a DWI investigation is for the purpose of obtaining evidence against you. By politely invoking your rights you give your defense attorney a better chance of defending your DWI case in court.

(Please note that in Texas the trend has been to obtain a search warrant to take a sample of your blood in DWI cases. If a warrant is obtained or if there is an accident you will be required to give a sample of blood.)

Always be polite to the police officer and never argue or fight with them. Save it for court. That is your attorney’s job.

If you have been charged with a DWI you have 15 days from the date of arrest to request a hearing challenging the suspension of your driver’s license.

DWI FAQ

Will I lose my driver's license?

If you are convicted of a DWI, you will potentially lose your license. After an arrest, your license will be suspended unless you request an administrative license hearing, known as an ALR hearing, within 15 days. The DIC-25 form that was given to you by the officer serves as your temporary driver's license for 40 days or until your ALR hearing is completed, which can take several months. Hire a Fort Bend County DWI attorney from our firm to help content your license suspension at the hearing.

2. Can I fight a DWI charge?
Yes. In the state of Texas, a prosecutor must prove beyond a reasonable doubt you were intoxicated and, therefore, couldn't drive. When you work with an attorney from Stornello Law Firm, P.C., we will aggressively defend your rights and fight your DWI charges.

3. Can I plea to a lesser offense?
No, the state of Texas does not allow a person to plea to a lesser offense. If you are arrested for a DWI, you will have to face DWI charges.

4. What are my rights at a traffic stop?
At a traffic stop, routine checkpoint or DWI stop, you have rights. It is important to remember these rights and exercise them freely. You have the right to remain silent and do not have to talk to a police officer. You also have the right to refuse any searches and can request the officer return with a warrant before searching you or your vehicle.

5. Do I have to take a breath or blood test?
This is where the law gets tricky - you do not technically have to submit to a breath or blood test; however, if you do not, you will automatically lose your license, even if you are sober. We advise clients to not agree to let police conduct a blood test unless they have a search warrant.

6. What is a field sobriety test?
In a field sobriety test, an officer will ask you to perform a series of tasks that will help determine your sobriety. Most commonly, you will be asked to walk in a straight line, stand on one leg and follow a pen with just the gaze of your eyes. Instead of submitting to the test, however, you should politely invoke your right to an attorney as often as necessary while you decline to take the test or answer any questions except about your name and date of birth. Provide the officer with your driver's license and insurance information.

7. Should I take the breath test?
We generally advise people to not take the breath test. You do not have to give law enforcement evidence against you, which is what the results can be used as during a criminal investigation. Moreover, the breath test machine may be inaccurate and unreliable.

8. How many drinks does it take to get to a 0.08 blood alcohol level?
There is no precise measurement for the actual amount of alcohol that it would take to reach the legal limit because important factors such as height, weight and health issues as well as alcohol level in the drink itself.

9. Do I need a DWI attorney?
It is always recommended that you immediately hire a Sugar Land DWI Attorney after you are arrested for driving under the influence of drugs or alcohol. At Stornello Law Firm, P.C., we are dedicated to our clients' well-being and will actively fight to help them achieve favorable case outcomes.

Contact Our Fort Bend County DWI Lawyer Today

At Stornello Law Firm, P.C., our Fort Bend County DWI lawyers are committed to aggressively defending your rights and ensuring that your freedoms are protected. Being charged with a DWI or other alcohol-related offense, even for the first time, can lead to serious penalties. Without the representation of our team, you could potentially be sentenced to jail or prison time, lose your license, and have to pay fines. If you were arrested, or a loved one is facing the DWI process, you need to work with a lawyer at Stornello Law Firm, P.C. today.