DWI Attorney in Wharton County

Defend the Criminal Charge & Protect Your Driving Privileges

A DWI arrest can trigger two separate matters: a criminal prosecution and an Administrative License Revocation proceeding that can affect your driving privileges. Rosen & Kovach, PLLC addresses both by examining the evidence, identifying immediate deadlines, and building a defense around the specific allegations.

Our team includes a former Texas prosecutor and brings more than 40 years of combined legal experience to DWI defense. We serve clients in Wharton County, Texas, from arrest through the remaining legal process.

Call (281) 232-0505 to discuss your arrest with a DWI lawyer serving Wharton County, Texas, and determine your next steps.

DWI Charges We Handle

DWI allegations vary based on a driver’s age, prior record, vehicle, location, and the circumstances surrounding the stop. We handle:

• Standard DWI
• DWI with a Child Passenger
• DWI with Prior Convictions
• Aggravated DWI
• DWI in a Construction Zone
• DWI with a Drugged Driver
• Underage DWI
• Commercial DWI

Alleged drug impairment can involve different evidence from an alcohol-related accusation. Whatever the charge, we scrutinize law enforcement conduct and challenge evidence that doesn’t withstand careful review.

Evidence in a Texas DWI Case

Under Texas Penal Code Section 49.04, DWI involves operating a motor vehicle in a public place while intoxicated. A person can be arrested with a blood alcohol concentration of .08% or greater, but an accusation may also be based on alleged impairment by alcohol or drugs.

DWI, DUI, and BWI are distinct charge labels. The applicable allegation depends on factors such as the person’s age, the type of vehicle, and the alleged conduct. The label alone doesn’t establish that the prosecution can prove every required element.

Our investigation may focus on:

• Dashcam footage: We review available recordings of the traffic stop, roadside investigation, and arrest.
• Witness statements: We compare accounts with video, reports, and other available evidence.
• Law enforcement conduct: We assess the actions leading to the stop, detention, evidence collection, and arrest.

Our former Texas prosecutor’s perspective helps us evaluate how the state may present its evidence and where weaknesses may exist. We use that analysis to protect constitutional rights and prepare for negotiation or trial.

Texas DWI Penalties & License Suspension Deadlines

A first DWI offense can carry up to $2,000 in fines, three to 180 days in jail, and a license suspension of up to one year. A second offense can carry a fine of up to $4,000, one month to one year in jail, and a suspension of up to two years.

A third offense can carry a fine of up to $10,000, two to 10 years in prison, and a suspension of up to two years. Texas also requires an ignition interlock device for a driver with two or more DWI convictions within a five-year period.

Administrative License Revocation Hearings

The Administrative License Revocation process is separate from the criminal case and requires its own response. A driver generally has 15 days from in-person service of a suspension or disqualification notice to request a hearing. When the notice is mailed, the deadline is 20 days from the mailing date.

Without a hearing request, the ALR suspension takes effect on the 40th day after notice is presumed received. These deadlines run independently from criminal court proceedings, so contacting a DWI attorney in Wharton County promptly preserves time to assess both matters.

DWI Representation in Wharton County Courts

The 23rd Judicial District Court and the 329th Judicial District Court have general criminal jurisdiction in Wharton County. The Wharton County Courthouse houses the District Clerk and District Courts, although the course of each case depends on the charge and its assignment.

We represent clients from arrest through court proceedings. After reviewing the paperwork, evidence, and events surrounding the stop, we develop a strategy to protect constitutional rights and seek a fair trial. Depending on the case, that may include mitigating charges, negotiating for a lesser sentence, or pursuing dismissal.

Request a Free, Confidential DWI Case Evaluation

We offer a free, confidential case evaluation for DWI matters. You can discuss the arrest, available paperwork, upcoming court obligations, and immediate license concerns without first determining the legal issues on your own.

We assess the state’s evidence and the defense options the facts may support. Contact us by phone or through the contact form to begin.

Call (281) 232-0505 to request your free, confidential case evaluation with Rosen & Kovach, PLLC.