If you were arrested and charged with a DWI (i.e., Driving While Intoxicated) in Conroe or elsewhere in Montgomery County, Texas, then now is the time to contact an experienced Conroe DWI defense attorney who understands the law, the courts, and the local law enforcement agencies involved in these types of cases.
For context, Texas adheres to strict DWI laws, which are codified under Chapter 49 of the Texas Penal Code. Chapter 49 specifically defines intoxication and outlines the legal thresholds that may result in a DWI arrest and conviction. Understanding, and effectively navigating, Texas DWI laws is essential when building your defense.
Intoxication According to Texas Law
Pursuant to Texas Penal Code § 49.01(2), an individual is considered to be legally intoxicated if they meet any one of the following prerequisites:
- Loss of normal use of mental faculties due to the influence of alcohol, drugs, or a combination of substances.
- Loss of normal use of physical faculties due to the influence of alcohol, drugs, or a combination of substances.
- Having a blood alcohol concentration (BAC) of 0.08 or higher at the time of operating a motor vehicle.
Each of these legal thresholds may be cited by police during a traffic stop to potentially establish probable cause and arrest you for a DWI. Let’s take a look at each of these identified legal elements:
- Loss of Normal Use of Mental Faculties: The use of alcohol and/or drugs can impair judgment, reasoning, concentration, and decision-making. If a police officer had reason to suspect you were confused, unable to follow instructions, or struggling with basic cognitive tasks, then they may claim you lost the normal use of your mental faculties.
- Loss of Normal Use of Physical Faculties: Intoxication can impact an individual’s coordination, balance, and motor skills. If, for example, you were stumbling, had slurred speech, or were unable to perform physical tasks as expected, a Montgomery County police officer may claim that you lost the normal use of your physical faculties.
- Blood Alcohol Concentration (BAC) of 0.08 or Higher: Texas, like many other states, sets a legal limit for blood and breath alcohol concentration at 0.08 percent. Your BAC is important because, even if you do not appear to be impaired, you could still potentially be arrested and charged with a DWI if a breathalyzer test shows a BAC at or above this threshold. Breath and blood tests are commonly administered following an arrest. It is important to note that these tests are not 100 percent accurate and can be challenged in court (with the help of an experienced and knowledgeable DWI defense lawyer in Conroe, TX).
Law Enforcement Agencies in Montgomery County That Handle DWI Arrests
If you are arrested for a DWI offense in Montgomery County, the agency responsible for handling your case will depend primarily on the location of the traffic stop.
Below is a list of relevant law enforcement agencies involved in DWI enforcement:
- Conroe Police Department
- Magnolia Police Department
- Montgomery County Constable Offices (Precincts 1-5)
- Montgomery County Sheriff’s Office
- Montgomery Police Department
- Oak Ridge North Police Department
- Shenandoah Police Department
- Splendora Police Department
What Happens After a DWI Arrest
Following a DWI arrest, you will be booked at the Montgomery County Jail. After posting bail to secure your release, you will then make court appearances in Montgomery County court until your case is resolved. You’ll also need to deal with separate, civil license suspension proceedings via the Texas Department of Public Safety.
Defending Against a DWI Charge in Montgomery County
It is important to understand that simply being charged with a DWI offense does not automatically mean you will be convicted. There are various defenses that an experienced and knowledgeable Conroe DWI attorney can use to challenge the DWI charges, including:
- Unreliable field sobriety tests: These tests are subjective and depend largely on a police officer’s subjective judgment.
- Faulty breath or blood test results: There may be issues with the maintenance, calibration, or improper procedures with these tests that can materially impact the accuracy of the results.
- Medical conditions or alternative explanations for a breath or blood test showing a high BAC: Certain medical conditions can mimic signs of intoxication.
- Lack of reasonable suspicion for a traffic stop: If the traffic stop was unlawful, the case could be dismissed.
Have Questions? Speak to an Experienced Montgomery County DWI Defense Lawyer
A DWI conviction can lead to serious, life-altering consequences, such as jail time, large fines, license suspension, and lasting harm to your reputation. If you or a family member was charged with a DWI in Conroe or elsewhere in Montgomery County, then now is the time to contact a respected and reputable DWI defense attorney, such as Nathan Alsbrooks, who understands local law enforcement tactics and how to challenge their evidence.
The Alsbrooks Law Firm is committed to three important principles – honest fees, quality representation, and exceptional client service. Do not confront these DWI charges alone. Contact Nathan Alsbrooks, an experienced and skilled Montgomery County DWI defense attorney today for a confidential consultation and to discuss applicable defense strategies.
We are always available at 936-202-2882. You may also complete our short contact form here if you’d like to request a call back regarding your legal situation. The Alsbrooks Law Firm strives to respond to all inquiries within 24 hours.