Montgomery County DWI Lawyer
Arrested for DWI in Conroe, The Woodlands, or Spring?
A DWI arrest in Montgomery County starts two cases at once: a criminal case in the courts in Conroe, and a separate case with the Texas Department of Public Safety over your driver’s license. The license case moves fast. You have 15 days from the date you received notice of suspension to request an ALR hearing. If you miss that deadline, your license suspension starts automatically.
Henry K. Nguyen lives in Spring, is a member of the Montgomery County Criminal Lawyers Association, and was a founding member of the DUI Defense Lawyers Association. He meets Montgomery County clients in Conroe by appointment.
What Happens After a Montgomery County DWI Arrest
Most people arrested for DWI in Montgomery County are booked into the county jail in Conroe and see a magistrate, who sets bond and bond conditions. Judges often require an ignition interlock device as a condition of bond, even on a first offense, and some require alcohol monitoring. Breaking a bond condition can put you back in jail, so it’s important to understand them from the first day.
If you refused a breath or blood test, don’t assume that ends the matter. Officers in Montgomery County regularly seek search warrants for blood samples when a driver refuses.
A first DWI is usually filed in one of the County Courts at Law in Conroe. Felony DWI cases (a third DWI, or DWI with a child passenger) go to the district courts.
Texas DWI Penalties
| Charge | Level | Range |
|---|---|---|
| First DWI | Class B misdemeanor | Up to 180 days in jail, fine up to $2,000 |
| First DWI, BAC 0.15 or higher | Class A misdemeanor | Up to 1 year in jail, fine up to $4,000 |
| Second DWI | Class A misdemeanor | 30 days to 1 year in jail, fine up to $4,000 |
| Third DWI | Third-degree felony | 2 to 10 years in prison, fine up to $10,000 |
| DWI with a passenger under 15 | State jail felony | 180 days to 2 years in a state jail |
A conviction also brings a license suspension and an additional state fine of $3,000 to $6,000, depending on your history and blood alcohol level.
Deferred Adjudication for a First DWI
Since 2019, Texas judges can place some first-time DWI defendants on deferred adjudication, which avoids a final conviction if you complete it. It’s generally not available if your blood alcohol concentration was 0.15 or higher or if you hold a commercial driver’s license, and it usually comes with an ignition interlock requirement. A deferred DWI can still be used to enhance a future DWI, so it isn’t always the right choice. It’s one option to weigh against fighting the case.
How DWI Cases Are Defended
DWI is one of the few crimes where an arrest can rest largely on an officer’s opinion. Every case gets a close look at:
- The stop. Did the officer have a legal reason to pull you over?
- The field sobriety tests. Were they given and scored the way officers are trained to give them?
- The breath or blood test. Was the machine maintained, the blood drawn and stored properly, and the lab analysis reliable?
- The video. Dash camera and body camera footage often tell a different story than the offense report.
The ALR hearing also matters for the criminal case. If the officer testifies, it’s a chance to question them under oath months before trial.
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Talk to a Montgomery County DWI Lawyer
Call (713) 222-1800 for a free consultation, available 24/7. Hablamos español. Chúng tôi nói tiếng Việt.