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Answers from a Fort Bend County DWI Attorney

If you or a loved one has been charged or arrested for DWI, you may have basic questions regarding the DWI laws in Texas. we have created this frequently asked questions page to assist people who have been recently charged or arrested for driving while intoxicated. We have 40 years of DWI experience, and have helped countless clients minimize or eliminate DWI charges that have been brought against them. It is my goal to help both prospective and current clients understand the DWI laws in Texas so they are aware of the potential penalties they may be facing. If you have any more questions regarding DWI laws in Texas, or wish to hire the Fort Bend County criminal lawyer at Rosen & Kovach, PLLC, please contact my firm.

  • When Is A Person Considered Legally Intoxicated? - According to Texas law, a person is considered legally intoxicated and can be arrested and charged with DWI when their blood/breath alcohol content is .08. However, if a person is demonstrating signs of impairment due to alcohol, they may still be charged and/or arrested for driving while intoxicated, regardless of their BAC.
  • What Is The Definition Of Intoxication In Texas? - Intoxication is defined as not having the normal use of mental facilities by means of the consumption of alcohol, a controlled substance, a drug, or a combination of two or more of said substances. It may also be defined as not having a normal use of physical faculties by means of alcohol, a controlled substance, a drug, or a combination of two or more said substances. As mentioned above, if you have a BAC of .08 or higher, you are considered intoxicated.
  • Can A Passenger Be Fined For Having An Open Alcohol Container In A Car? - Whether the driver or passenger has an open alcohol container in a vehicle, they may be facing fines up to $500.
  • What Happens If I Am Charged With DWI When A Minor Is In The Car? - If the child you are transporting is younger than 15 years old, you may be charged with child endangerment, and may be facing fines up to $10,000, up to two years in a state jail, and your driver's license may be suspended for up to 180 days.
  • What Are The Penalties For A Minor Who Is Found To Be DWI? - Texas has a zero tolerance policy for minors who are found to be driving while intoxicated. Any detectable amount of alcohol in any driver who is under the age of 21 may be facing criminal charges. Minors charged with DWI may have to pay up to a $500 fine, their license may be suspended for 30-180 days, 8-40 hours of community service may be required, and they must attend alcohol-awareness classes. Minors who are 17 or older and are found to have a BAC of .08 or greater may face up to a $2,000 fine, three to 180 days in jail, and a driver license suspension for 90 days to one year.
  • What Should I Say To An Officer Who Pulls Me Over On Suspicion For Driving While Intoxicated? - Even if you have been drinking, do not admit to drinking while intoxicated. You should not apologize or talk your way out of the situation, either. Everything you say may be used against you in a court of law, and your nervousness may cause you to say things that may imply that you are guilty. If you are charged and/or arrested for DWI, do not speak to anyone prior to hiring an experienced DWI attorney in Fort Bend County.
  • What Is The Implied Consent Law In Texas? - The implied consent law means that anyone who has a driver's license automatically consents to a chemical test of their blood, breath, or urine to determine BAC or the presence of drugs. If you refuse to take a chemical test, your license may be suspended. Chemical tests are not always accurate, and a DWI lawyer may be able to prove that your chemical test has been compromised.

Contact the DWI Attorney at Rosen & Kovach, PLLC

It may be beneficial for you to hire the Fort Bend County criminal lawyer at Rosen & Kovach, PLLC if you have been charged or arrested for DWI. The State of Texas does not allow a person to plead to a lesser offense, but I may be able to protect your driving rights at an administrative hearing. You only have 10 days to hire a criminal defense attorney before your administrative hearing, so act fast.

Contact my firm to learn how I may be able to help you, or fill out a free case evaluation.


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John Kovach represented me in two cases in which both were dismissed and jail time was avoided.

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