Fulshear Felony DWI Lawyer

Fulshear Felony DWI Attorney

Making the decision to drive while intoxicated (DWI) can negatively impact every aspect of your life and severely damage your future. If you are pulled over, arrested, and convicted of a DWI, it will give you a criminal record, impact your professional relationships, affect your social status, and even hurt your personal life. Things can get even worse if you are convicted of a felony DWI. A Fulshear, TX felony DWI lawyer can help you fight the charges against you.

Getting Pulled Over for a DWI in Texas

Under Texas state law, if you are pulled over for a suspected DWI and found to have a blood alcohol content (BAC) of 0.08% or higher, you are considered over the legal limit and will be arrested. From there, your next move should be to contact a Fulshear DWI defense lawyer to help you figure out your next steps and how to fight the charges against you. The penalties for driving drunk in Texas can be severe, especially if it is not your first offense.

When you are pulled over on suspicion of a DWI, your interactions with law enforcement will likely go exactly as you assume they would. If you notice lights and sirens behind you, you should immediately pull over. If you try to speed away and dodge the police, you are only going to make things much, much worse for yourself. Even if you are fully aware that you are drunk, pull over. Make sure you contact a Fulshear criminal defense lawyer when you get to the station.

The officer will request your driver’s license. Give it to them without resistance. They will likely ask you to take a breathalyzer test. You can refuse to take this test, but the consequences will be severe. Refusal to take a breathalyzer test will result in the immediate suspension of your driver’s license in Fulshear, TX. Since Texas is an implied consent state, consent to a breathalyzer test is automatically assumed simply by driving on state roads and holding a state license.

When Is a DWI a Felony in Texas?

A DWI charge jumps from a misdemeanor to a felony in Texas if it meets certain criteria. If you have two prior convictions for a DWI, the third is a felony charge. Your DWI can also become a felony charge if it results in a crash that seriously injures another person. If you are driving drunk with a minor in the vehicle, it could result in a felony charge, as could a DWI that results in someone’s death.

Potential Defenses Against a DWI

To convict you of a felony, the prosecution must prove your guilt beyond a reasonable doubt. This can be easier said than done, especially if your lawyer has helped you build a strong defense. When you get arrested, it might feel like you have already lost. Thankfully, that is not the case. You are always innocent until proven guilty, and a good lawyer can help you fight your charges with a solid defense strategy.

Here are some potential defenses you might use:

• You weren’t driving. One of the basic and simplest defenses you can use is that you were not operating the vehicle at the time of your arrest. The arresting officer just assumed you were driving because they found you pulled over on the side of the road intoxicated.
• Probable cause. Under the Fourth Amendment, law enforcement officers need a justifiable reason to pull you over. Probable cause is a necessity for their case. Without it, they cannot legally pull you over and arrest you, regardless of what they found when they did. A good defense lawyer can argue that they never had legal cause to pull you over, to begin with, which could result in your charges getting dismissed entirely.

Fulshear Felony DWI FAQs

Q: Can You Seal a Felony DWI in Fulshear?

A: Yes, a felony DWI in Fulshear can sometimes be sealed under the right circumstances. For your case to be eligible for sealing, it must be a first-time DWI conviction, must not be a Class A misdemeanor, did not involve an accident with another person, and you must not be convicted of any other crimes at the time. The process begins by filing an Order of Nondisclosure with the right court.

Q: How Much Does a DWI Lawyer Cost in Fulshear, TX?

A: There is no telling how much a DWI lawyer might cost in Texas. Every DWI case is different since every case has its own details and specifics that make it unique. Since each situation is different, the amount your lawyer will charge you is also going to be different. Your lawyer’s fee will depend largely on their experience, availability, education, and resources, among other factors.

Q: What Is the Penalty for a Felony DWI in Fulshear, TX?

A: A felony DWI conviction in Texas can result in many different potential penalties, all of which are intended to discourage similar behavior in the future and make an example out of certain offenders. Penalties may include a fine of $10,000, a prison sentence of up to 10 years, a suspension of your license for two years, an ignition interlock device installed in your car, and a court-ordered alcohol treatment program, among other penalties.

Q: What Are the Odds of Getting Dismissed for a DWI in Texas?

A: The odds of getting your DWI dismissed in Texas depends entirely on the type of charge you are facing, how lenient the judge is willing to be with you, the strength of your legal defense, and the nature of your DWI case. If you plead guilty, it makes it very hard for your case to be dismissed at all. An experienced DWI lawyer gives you the greatest chance of getting your case dismissed.

Reach Out to a DWI Lawyer Today

The legal team at Segura & Kiatta understands the kind of legal help you will need to fight a felony DWI. Contact us to speak with a team member about your case and schedule a consultation.