Standardized Field Sobriety Tests Can Be Unfair and Unrealiable in DWI Investigations

When someone is pulled over on suspicion of Driving While Intoxicated (DWI) in Montgomery County, Texas, law enforcement officers often rely on a set of roadside tests known as Standardized Field Sobriety Tests (SFSTs). These tests include the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and One-Leg Stand (OLS). While these tests are supposed to help officers determine whether a driver is impaired, an inconvenient truth is that many completely sober people struggle to pass them. Consider the unfortunate arrest of a former Alsbrooks Law client – we’ll call her “Jenny”. Jenny left a Mexican food restaurant after enjoying a margarita with dinner, but she was arrested for DWI after performing poorly on SFST’s. Jenny is in her 60’s – she’s gotten a little clumsy with age, and she just didn’t do well on the roadside tests designed to make her look bad in front of a camera. Jenny wasn’t intoxicated – a blood test showed barely a trace of alcohol in her blood. Fortunately for her, Jenny’s case was dismissed. But what if Jenny had refused a voluntary blood test out of frustration with the unfair process? Montgomery County law enforcement could have brought her to trial based solely on the SFST performance and subjective opinions of one officer. 

The studies that led to the adoption of these field sobriety tests have been criticized. The studies were conducted in highly controlled environments.

The real-world application of the field sobriety tests doesn’t mirror the original study conditions. Even within these studies, accuracy rates were far from perfect. in 1981 Tharp, Burns, and Moskowitz found that 32% of individuals in a laboratory setting who were judged to have an alcohol level above the legal limit were actually below that limit. 

The Problems with the Horizontal Gaze Nystagmus (HGN)

The Horizontal Gaze Nystagmus test involves an officer moving a pen or light side-to-side in front of your eyes while looking for an involuntary jerking of the eyes, called nystagmus. The theory is that alcohol consumption exaggerates this eye movement.

However, several issues make the HGN test unreliable:

  • Medical conditions like inner ear problems, neurological issues, or even fatigue can cause nystagmus.
  • Environmental factors like flashing lights from police cars, passing vehicles, and poor lighting can interfere with the test.
  • Officer training and bias can also affect results. If an officer already suspects you of DWI, they might subconsciously “see” what confirms their suspicion.

Why the Walk and Turn (WAT) Is Stacked Against You

The Walk and Turn test requires a driver to take nine heel-to-toe steps in a straight line, turn on one foot, and take nine steps back. It sounds simple enough, but even sober individuals often struggle with this test, especially under stressful conditions.

Common factors that affect performance include:

  • Uneven or sloped surfaces like roadside shoulders.
  • Poor weather or low visibility.
  • Physical conditions like age, weight, or injuries.
  • Nervousness and anxiety from being pulled over and scrutinized.

Even minor mistakes, like starting before instructed or miscounting steps, can be used as “clues” against you.

Police officers often berate accused citizens by telling them that the Walk and Turn test is “simple walking”, but there is absolutely nothing simple about a test that involves seven distinct instructions before you even get started walking the line. 

The One-Leg Stand (OLS) Is No Better

The One-Leg Stand test asks a person to raise one foot six inches off the ground and count aloud until told to stop. Balancing on one foot while being watched by law enforcement, often in the dark or on uneven ground, is a challenge for anyone. 

Factors that can impact this test include:

  • Balance issues unrelated to alcohol.
  • Footwear like boots, heels, or sandals.
  • Roadside distractions.
  • Pre-existing medical conditions.

The problem is that officers often fail to account for these factors, and any sign of imbalance will be interpreted as evidence of intoxication.

What You Should Know

Alsbrooks Law routinely challenges the reliability and administration of SFSTs in DWI cases throughout Montgomery County, Texas. If you’ve been arrested for DWI after roadside sobriety tests, it’s crucial to have an experienced DWI attorney review your case.

Contact Alsbrooks Law today for a free consultation.

Further Reading:

-Cole & Nowaczyk (1995)

“Field Sobriety Tests: Are They Designed for Failure?

–Rubenzer (2008)

“The Psychometrics and Science of the Standardized Field Sobriety Tests” — Published in Law and Human Behavior, this article critiques the psychometric properties (reliability, validity, standardization) of SFSTs. The author argues that the tests lack scientific rigor and that factors like officer expectancy bias and environmental conditions significantly affect results.

-Stuster & Burns (1998)

A NHTSA-sponsored field validation study that, while generally supportive of SFSTs, acknowledged limitations — including reduced reliability in poor environmental conditions, the influence of officer subjectivity, and challenges with older or physically impaired subjects.

Why Drug Recognition Exams (DREs) in Texas Can Be Unreliable and Unfair

Montgomery County, Texas law enforcement is aggressively prioritizing catching those driving under the influence of drugs – with particular attention to marijuana and opiates. In addition to typical standardized field sobriety testing, officers will also occasionally utilize the Drug Recognition Exam (DRE). Defense attorneys have long sounded the alarm with horror stories about these examinations. In 2024, Alsbrooks Law defended a Minnesota truck driver without a trace of any intoxicant in his blood – yet a supposed expert used the DRE to falsely allege the client was under the influence of opiates. 

While DRE’s might sound scientific, they’ve been heavily criticized by medical experts, legal scholars, and even courts in certain states, for their lack of reliability and scientific foundation.

What Is a Drug Recognition Exam (DRE)?

A Drug Recognition Exam is a 12-step procedure performed by a police officer certified as a Drug Recognition Expert. These exams involve checking pulse rates, measuring pupil size, conducting balance and coordination tests, and asking about recent drug use. Based on these observations, the officer makes a subjective judgment about whether the driver is impaired and what drug category might be involved.

What the Research Says About DRE Reliability

Despite their official-sounding title, Drug Recognition Exams have been the subject of significant academic and legal criticism:

1. Flawed Methodology and Confirmation Bias

One of the earliest evaluations of the DRE program, conducted by the National Highway Traffic Safety Administration in conjunction with the Los Angeles Police Department (Compton, 1986), was criticized for serious methodological flaws. Officers often knew what drugs suspects had taken prior to performing the exams, undermining the objectivity of the results.

2. Poor Correlation Between Signs and Actual Impairment

Multiple peer-reviewed studies have shown that many of the physical signs relied upon in DREs — such as pupil size, pulse rate, and eye movement — can be caused by factors unrelated to drug use. A 1999 study by Heustis et al. found that physiological signs of marijuana use didn’t consistently correlate with impairment, while a 2005 study by Papafotiou, Carter, & Stough revealed that Standardized Field Sobriety Tests (SFSTs), which share many elements with DREs, had poor sensitivity for detecting marijuana impairment.

3. Lack of Scientific Consensus

Experts writing in the Journal of Analytical Toxicology and organizations like the ACLU and the National Association of Criminal Defense Lawyers (NACDL) have labeled DRE protocols as pseudoscientific and inherently subjective. These critics point out that no double-blind, peer-reviewed studies conclusively validate the accuracy of DRE conclusions in real-world traffic stops.

4. Legal Challenges in Court


Courts in several states have also begun scrutinizing DRE testimony. In State v. Sampson (Oregon Court of Appeals), the court questioned the scientific reliability of DRE evidence, setting a precedent for its limited admissibility without proper foundational proof.

How a Texas DWI Defense Attorney Can Help

If you’ve been charged with DWI based on a Drug Recognition Exam in Texas, you don’t have to accept flawed science as evidence against you. At Alsbrooks Law, serving Montgomery County and all of East Texas, we carefully dissect the weaknesses in DRE-based arrests, challenge the officer’s conclusions, and expose the lack of scientific foundation behind these evaluations.

Contact us today for a free consultation and find out how we can help protect your rights.

DWI Laws in Montgomery County, Texas: What is Intoxication?, ,

If you or a loved one has been arrested for DWI in Montgomery County, Texas, it’s important to understand how the law defines “intoxication.”

Many people assume DWI laws only apply to alcohol, but Texas law casts a much wider net. Here are the top five things you need to know about intoxication under Texas law.

1. How Intoxication is Defined Under Texas Law

Section 49.01(a)(2) of the Texas Penal Code defines intoxication as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of those substances, or any other substance into the body — or having a blood alcohol concentration (BAC) of 0.08 or more.

In simpler terms, the State has three ways to prove intoxication at trial:

  • You didn’t have the normal use of your mental faculties.
  • You didn’t have the normal use of your physical faculties.
  • Your BAC was 0.08 or higher.

This gives prosecutors multiple avenues to pursue a DWI conviction in Montgomery County, making it crucial to have an experienced DWI defense attorney on your side.

2. Alcohol Has a Legal Limit, but Narcotics Do Not

While Texas law sets a clear legal limit for alcohol — 0.08 BAC — there’s no specific legal limit for substances like marijuana, prescription medications, or illegal drugs. Instead, officers rely on field sobriety tests, blood tests, drug recognition evaluations, and their own observations to determine if a person has lost the normal use of their mental or physical faculties due to drug consumption.

Here’s the bottom line: when prosecutors evaluate a drug-based DWI, they lean heavily on body camera and dash camera footage as the foundation of their case. They search for key moments that indicate a loss of mental or physical faculties linked to drug use.

3. Prescription Medications Can Lead to a DWI

Many people are surprised to learn that even legally prescribed medications can lead to a DWI arrest in Montgomery County. If a medication impairs your ability to safely operate a vehicle — even when taken as directed — you can be charged under the same DWI statute.

Common prescription medications associated with DWI charges include:

  • Sleep aids
  • Anti-anxiety medications
  • Painkillers
  • Muscle relaxers

Always consult your doctor or pharmacist about side effects before driving.

4. You Can Be Arrested for DWI Without a BAC Test

In certain situations, police can arrest a driver based solely on their observations or the results of field sobriety tests. While Montgomery County often enforces a “no refusal” policy to secure a warrant for a blood draw, officers have discretion to arrest based on signs of impairment, even without chemical testing.

Indicators like slurred speech, bloodshot eyes, unsteady balance, and the odor of alcohol or drugs can establish probable cause for a DWI arrest in Texas — even if no breath or blood test is performed.

5. Blood Testing for Toxicology Can Drastically Lengthen a Case

As of 2025, Montgomery County works with the Texas Department of Public Safety (DPS) to perform blood alcohol testing in Houston. However, if a sample requires toxicology testing in Austin, it can take six to nine months or longerto complete.

If you’re facing a DWI involving toxicology results, one of the smartest strategies to resolve your case quickly is to review body and dash camera footage. If the video shows marginal signs of intoxication, an experienced defense attorney may be able to persuade prosecutors to dismiss the case, rather than wait nearly a year for unnecessary lab results.

Final Thoughts: Hire a Montgomery County DWI Defense Attorney

DWI cases in Montgomery County, especially those involving drugs or prescription medications, are often more complicated than they appear. Without a specific legal limit for narcotics, these cases rely heavily on subjective evidence like officer observations and video footage. This makes it essential to have a skilled, local DWI defense lawyer who knows how to challenge weak evidence and protect your rights.

At Alsbrooks Law, we understand how local courts, prosecutors, and law enforcement operate. If you’re facing a DWI charge in Montgomery County, contact our office today for a free, confidential consultation. We’ll review your case, examine the evidence, and fight to get you the best possible outcome.

What to Expect at Your First Court Appearance in Montgomery County, Texas in 2025

Image of a county courthouse building

Attending your first court appearance can be an overwhelming experience, especially if you’re unfamiliar with the legal process. If you’re facing criminal charges in Montgomery County, Texas, understanding the logistics and expectations can help ease your anxiety and ensure you’re prepared. Here’s a comprehensive guide to what you can expect at your first court appearance in 2025.

1. Where is Your Court Appearance?

The location of your court appearance depends on whether you’re charged with a misdemeanor or a felony.

  • Misdemeanors: If you’re facing a misdemeanor charge, your case will be assigned to one of the County Courts—Court 1, Court 4, or Court 5. These courts are located at 210 West Davis Street, Conroe, Texas 77301. Court 1 and Court 5 are on Floor 2, while Court 4 is on Floor 4.
  • Felonies: If you’re charged with a felony, your case will be assigned to one of the District Courts (9th, 221st, 359th, or 435th). These courts are located at the Lee G. Alworth Building, located at 207 W. Phillips Street, Conroe, Texas 77301. All criminal district courts are found in a third-floor foyer.

2. Arrive Early: Punctuality is Key

One of the most important things you can do for your first court appearance is to arrive early. Many judges in Montgomery County call roll as soon as their courtroom doors open for the docket. Arriving 15-30 minutes before your scheduled court time will give you enough time to find parking, go through security, and locate your assigned courtroom. Being punctual is critical and shows respect for the court’s time and processes.

3. Let Your Attorney Handle the Details

For most first appearances in Montgomery County, you won’t be required to enter a formal plea or speak with the judge or prosecutor directly. If you have a criminal defense attorney, they will handle the procedural aspects for you. The court appearance will likely involve your attorney having a preliminary discussion with the district attorney, during which they may agree to reset your case to a later date. This reset allows both sides to investigate the case, review evidence, and build their arguments before moving forward.

4. What Happens if You Don’t Have an Attorney?

If you don’t have a lawyer at the time of your first court appearance, the court will give you the opportunity to hire one. Many people may not have retained an attorney before their first appearance, either due to financial reasons or because they’re still deciding who to hire. In some cases, individuals may even consider representing themselves or applying for a court-appointed attorney. Don’t panic if you haven’t hired a lawyer yet—the court will typically allow you to reset your case, giving you four to six weeks to make preparations and hire legal counsel.

5. Don’t Rush into a Plea

It’s essential to remember that it’s generally not wise to enter a plea during your first court appearance. Criminal cases often rely on critical evidence, such as body camera footage, dashcam recordings, and other materials, which may not be available during your initial court setting. Law enforcement agencies typically need time to process and turn over evidence to the district attorney, who will then provide it to the defense team. The legal system moves slowly, and it’s vital for your attorney to have sufficient time to review the case thoroughly. Resolving your case too early could hurt your defense strategy.

Conclusion

Your first court appearance in Montgomery County, Texas, can be an intimidating experience, but knowing what to expect can help alleviate much of the stress. Whether you’re dealing with a misdemeanor or felony charge, arriving early, ensuring you have legal representation, and allowing time for your case to unfold are all essential steps in navigating the process effectively. There are exceptions to some of the principles discussed here – as an example there may be rare instances where a backup courtroom is used in a different building, but Alsbrooks Law will help you navigate these issues. Keep in mind that the legal system requires patience and careful preparation, and it’s almost always better to delay making any decisions about your case until you’ve had adequate time to consult with an experienced attorney. Contact Alsbrooks Law today. 

DWI Charges for Sleeping in Your Car: What to Know

Man sleeping in car and could get a possible DWI charge

When most people think of a DWI (Driving While Intoxicated) investigation, it starts with a traffic stop — a vehicle is pulled over for a traffic violation like speeding or failing to signal. In Montgomery County, Texas, however, many DWI arrests begin differently. Officers often patrol areas near bars and restaurants at night, looking for any excuse to pull over drivers.

But not every DWI case fits this pattern.

What Happens If You’re Found Sleeping in Your Car After Drinking?

Consider this common scenario:
A concerned passerby or security officer calls 911 about a suspicious car parked in a lot or on the roadside. When officers arrive, they find someone asleep inside. Even though the car isn’t moving, the investigation can quickly turn into a potential DWI case.

How Texas Defines “Operating” a Vehicle While Intoxicated

Under Texas law, a person commits DWI if they “operate” a motor vehicle in a public place while intoxicated. But “operation” is a broader term than just physically driving.
It can include:

  • Turning the ignition
  • Having the engine running
  • Resting your foot on the brake with the car in gear
  • Manipulating vehicle controls (like headlights or air conditioning)

If the police believe you took any of these actions while intoxicated, you could face a DWI charge — even if police can’t prove when you were on the roadway. 

How Police Build DWI Cases in “Sleeping It Off” Situations

When officers arrive at the scene, they’ll look for evidence that suggests you’re technically operating the vehicle at the moment. They’ll then turn their attention to establishing that the driver was recently operating the car, even if not at the exact time of their arrival. This includes:

  • Warm engine
  • Keys in the ignition
  • Lights or radio on
  • Vehicle in gear

They’ll also ask questions like:

  • When did you arrive?
  • Where were you coming from?
  • How much have you had to drink?
  • When did you have your last drink?

Retrograde Extrapolation: Calculating Your Past BAC

Prosecutors often rely on a technique called retrograde extrapolation. This scientific process estimates what a person’s Blood Alcohol Content (BAC) would have been at an earlier time based on a later breath or blood test.

To further their investigation, officers will gather information about:

  • When you had your first and last drinks
  • How much alcohol you consumed
  • When you last ate

This helps prosecutors and government scientists argue what your BAC might have been while you were allegedly operating the vehicle — even if you were found asleep hours later.

Law Enforcement in Montgomery County Takes an Aggressive Stance

It’s important to understand: Montgomery County law enforcement isn’t sympathetic to people who “do the right thing” by pulling over to sleep it off. Even if you’re parked safely in a lot or off the road, officers will aggressively investigate and try to build a DWI case.

What Should You Do If You’re Facing a DWI Charge in Montgomery County?

If you’ve been arrested or charged with a DWI for sleeping in your car, you need an experienced Montgomery County DWI defense attorney. These cases are highly fact-specific and often defensible. For example, you may be able to argue for a dismissal, or that public intoxication is a more appropriate charge if officers cannot build a nexus between your time of operating and whether you were actually intoxicated at that time. 

At Alsbrooks Law, we know how to challenge questionable evidence and aggressive police tactics.
Contact us today for a free consultation

Texas Interference with Public Duties: Key Legal Insights

Understanding Interference with Public Duties in Texas: What You Need to Know

If you’ve been charged with Interference with Public Duties in Texas, it’s crucial to understand what this offense involves and how a skilled criminal defense attorney in Texas can help protect your rights. Found under Texas Penal Code § 38.15, this charge often arises after an unexpected or tense interaction with law enforcement.

What Is Interference with Public Duties?

Under Texas law, a person commits the offense of Interference with Public Duties if they, with criminal negligence, interrupt, disrupt, impede, or otherwise interfere with a peace officer performing a lawful duty or exercising their legal authority.

To secure a conviction, prosecutors must prove four essential elements:

  1. The accused acted with criminal negligence in disregarding clear, repeated commands.
  2. The officer was performing a specific duty or exercising lawful authority at the time of the incident.
  3. The accused’s conduct directly interfered with the officer’s lawful duty.
  4. The interference involved actions beyond mere speech.

Understanding these elements is important when evaluating the strength of a case and possible defenses.

How Do Prosecutors Prove Criminal Negligence?

In Texas, criminal negligence means that a person failed to perceive a substantial and unjustifiable risk that their actions would interfere with law enforcement. Prosecutors often look for evidence of clear, repeated commands given by an officer that were disregarded. These commands serve as notice to the accused, creating a duty to comply.

For example, if an officer lawfully stops a vehicle and orders the driver or passengers to exit, failure to follow that order—especially after multiple warnings—can form the basis for an Interference with Public Duties charge. Relevant case law, such as Maryland v. Wilson and Pennsylvania v. Mimms, supports an officer’s authority to give such commands during a lawful traffic stop.

What Actions Constitute Actual Interference?

It’s important to note that simply upsetting or angering a police officer isn’t enough to justify this charge. The law requires actual interference with the officer’s duties. Typically, this involves:

  • Physically preventing an officer from carrying out a task
  • Engaging in behavior that creates a particularized danger to the officer or others
  • Refusing lawful orders that impede an active investigation or arrest

For example, a person physically blocking an officer from accessing a crime scene or refusing to exit a vehicle after repeated lawful commands could face this charge.

Protect Your Rights with an Experienced Criminal Defense Attorney in Texas

Being charged with Interference with Public Duties can have serious consequences, including fines and possible jail time. If you or a loved one are facing this charge, it’s essential to consult an experienced criminal defense attorney in Texas. An attorney can assess the circumstances of your case, challenge the prosecution’s evidence, and work to protect your rights and future.

Alsbrooks Law is dedicated to defending Texans against misdemeanor and felony charges. If you need legal help, contact us today for a confidential consultation.

Understanding the Pretrial Diversion Program in Montgomery County, Texas

Montgomery County, Texas, is known for having one of the most aggressive and unforgiving criminal justice systems in the state. If you’re facing charges, navigating the legal system in Montgomery County can feel overwhelming. 

However, for eligible individuals, the Pretrial Diversion (PTD) program may offer a valuable second chance to avoid a conviction and protect your record.

Here’s an introduction to what you need to know about the pretrial diversion program in Montgomery County, and whether it might be the right path for you.

1. Pretrial Diversion is Only Available in Limited Circumstances

The Montgomery County District Attorney’s Office strictly controls access to the PTD program. To be considered, you must submit a formal application, typically with the help of a skilled Texas criminal defense attorney. If accepted, you’ll be placed under a probation-like supervision period, often lasting several months to a year or more.

If you complete all the program’s conditions without any violations, your criminal case will be dismissed, allowing you to ultimately pursue an expunction. 

However, it’s important to understand that the DA’s office has full discretion over this process. They set the rules, interpret them, and enforce them—judges generally won’t intervene in PTD decisions.

2. Certain Disqualifiers May Be Flexible

While the PTD program has strict eligibility guidelines, including a general exclusion of prior criminal history or certain criminal offenses, there can be exceptions. In rare cases, the district attorney’s office may make allowances based on unique circumstances or compelling mitigation. 

Submitting an application is always worth considering—even if acceptance is unlikely. The worst they can say is “no,” but if you’re facing a potentially life-changing conviction, that effort to apply may be worth it. A Montgomery County defense lawyer can help assess your case and advise you on whether applying for a pretrial diversion is a viable strategy.

3. You Must Be Committed to a Perfect Record

The PTD program is not forgiving. Participants must maintain near-perfect compliance throughout the program. This includes:

  • Daily call-ins for random drug testing
  • Zero use of alcohol or controlled substances
  • Routine check-ins with pretrial officers
  • No further law enforcement contact or violations

Even a small misstep—missing a call-in or failing a drug test—can result in immediate removal from the program and full reinstatement of criminal charges. The program demands absolute dedication and a lifestyle change that supports total compliance.

Is Pretrial Diversion Right for You?

If you’re facing criminal charges in Montgomery County, exploring the pretrial diversion program could be a powerful tool to protect your future. But it’s not for everyone. If you violate the terms and conditions of the program, the government can use your statement of confession against you in court. This means that if you’re going to be unable to adapt to the PTD lifestyle, you may be better off fighting your case at trial or pursuing a plea deal. 

Your strategy requires preparation, the application requires strong legal advocacy, and the program itself requires a strong and disciplined commitment to success.

Contact an experienced Montgomery County criminal defense attorney to evaluate your eligibility and guide you through the PTD application process. In a county known for tough prosecution, getting ahead of the case may make all the difference.

Montgomery County DWI Defense Attorney: Top 5 Defenses to Fight a DWI Charge

Montgomery County, Texas, is known for the most aggressive DWI enforcement in Texas. If you’ve been charged with Driving While Intoxicated (DWI), the experience can be overwhelming—especially if you disagree with the officer’s assessment or believe your rights were violated.

The good news: there are defenses available. A skilled Montgomery County DWI defense attorney can help you challenge the charges and protect your future.

Here are five of the most common and effective DWI defense strategies used in Texas courts:

1. Unlawful Traffic Stop

In Texas, law enforcement must have reasonable suspicion to legally stop a vehicle. Officers often initiate stops based on alleged minor infractions—such as weaving within a lane or failing to stop in time—that may not actually meet the legal threshold for a stop.

Many DWI arrests in Montgomery County are challenged on the grounds that the officer lacked proper justification to stop you in the first place. Dash cam and body cam footage can often be reviewed to expose these unlawful stops, making this one of the most powerful defenses in a DWI case.

2. No Breath or Blood Test (Refusal Cases)

In many cases, suspects either refuse to provide a specimen or law enforcement fails to obtain a blood or breath test. These are often referred to as “refusal” cases.

Without scientific evidence, the prosecution must rely on subjective observations to prove intoxication—such as slurred speech or poor balance—which can be caused by fatigue, anxiety, or medical conditions. This makes the government’s case significantly weaker and harder to prove beyond a reasonable doubt.

3. Blood Draw or Lab Testing Errors

If a blood specimen is collected, the government must prove that the collection, handling, and testing followed strict procedures. Any deviations—such as contamination, improper storage, or faulty lab equipment—can undermine the reliability of the test results.

An experienced DWI lawyer will review the chain of custody, lab procedures, and forensic protocols to identify weaknesses or errors that could lead to suppression of evidence.

4. No Proof of Driving or Time of Intoxication

In some DWI arrests—especially when a person is found asleep in a vehicle—officers may never witness actual operation. The law requires the state to prove not only that you were operating a motor vehicle, but that you were intoxicated at the time of driving.

This defense can be especially effective when the timeline between alleged operation and police contact is unclear or unsupported by evidence.

5. Medical Conditions Affecting Sobriety Tests

Standardized Field Sobriety Tests (SFSTs) are notoriously unreliable and often fail to account for medical conditions, injuries, or physical limitations. Even stress or poor coordination can result in a failed test.

Police often penalize minor missteps, assuming intoxication without considering legitimate reasons for a person’s performance. An experienced attorney will challenge the validity and fairness of these tests in court.

Speak to a Montgomery County DWI Lawyer Today

While Montgomery County aggressively prosecutes DWI cases, being charged does not mean you’re guilty. Every case is unique—and so is every defense. With the right DWI defense attorney in Montgomery County, you can fight back, protect your rights, and move forward with your life.

Contact us today for a free consultation to discuss your case and begin building your defense.

Top 10 Things to Know About Family Violence Assault Cases in Montgomery County, Texas

If you or someone you know has been accused of family violence, also called domestic violence, in Montgomery County, Texas, it’s crucial to understand how these cases are handled in the criminal justice system. Here are the top ten things you need to know about family violence assault cases in Montgomery County—information that could protect your freedom and your future.

1. False Accusations Are More Common Than You Think

Many people are arrested even when the evidence is weak, unclear, or slanted. Police officers are trained to identify the primary aggressor in a domestic dispute, but that doesn’t mean they always get it right. Innocent people can and do get arrested. If you’re facing charges, it’s critical to hire a criminal defense attorney who will fight hard to uncover the full story and challenge flawed assumptions.

2. The Victim’s Wishes Don’t Always Matter to Prosecutors


Even if the alleged victim doesn’t want to press charges, the District Attorney’s Office can still move forward with the case. Domestic violence laws in Texas are structured to protect alleged victims at all costs, and prosecutors are often reluctant to dismiss charges—even when the person involved requests it.

3. The Victim’s Opinion Can Still Influence the Case

Although the DA may continue prosecuting without the victim’s support, the victim’s stance can still influence the outcome. Prosecutors almost always conduct a RIP call (Restitution, Injury, and Punishment) to gauge the victim’s attitude toward prosecution. What the victim says during this call may impact the case’s direction.

4. The Case Can Proceed Without the Victim’s Testimony

Many people assume that if the victim doesn’t testify, the case will fall apart. Not true. Texas prosecutors are skilled at building cases without victim cooperation using admissible evidence like 911 calls, photographs, police body cam footage, and witness statements.

5. Protective Orders and Bond Conditions Are Not the Same

It’s easy to get tripped up here. Even if a protective order expires, bond conditions may still prohibit contact with the alleged victim. Violating these terms—intentionally or not—can result in serious legal consequences. Bond conditions typically last until the case is resolved unless modified by a judge.

6. You Can Request a Modification of Protective Orders

In certain circumstances, judges can modify or lift protective orders, but this isn’t a guaranteed or simple process. Many defense attorneys refuse to file these motions even when it could benefit their client. The key legal reference here is Texas Code of Criminal Procedure 17.292(j).

7. Violating Bond Conditions Can Land You Back in Jail

Judges in Texas have broad authority to protect victims, and violating bond conditions can result in jail time without bond. You could also face additional criminal charges under Texas Penal Code Section 25.07, which deals with violating protective orders and bond conditions.

8. Domestic Violence Convictions Leave a Lasting Mark

A conviction for family violence in Texas can permanently damage your criminal record. Even deferred adjudication on a Class A misdemeanor cannot be sealed if it involves family violence. In most cases, only a dismissal or a Class C deferred adjudication with expunction eligibility can prevent long-term consequences, and even the Class C deferred option could potentially alter your firearm rights under the federal law. 

9. Expect Random Drug and Alcohol Testing


It’s almost universal for defendants—regardless of their personal history—to be subject to random drug and alcohol testing while out on bond in Montgomery County. Judges impose this testing because of the perceived link between substance use and domestic violence.

10. These Cases Take Time to Resolve

Don’t expect a quick resolution. Domestic assault cases are among the most litigated in Montgomery County. Prosecutors take them seriously, and defense attorneys must be equally thorough. Cases often drag on for months as both sides prepare for a potential trial or push for a fair resolution.

Final Thoughts

Being charged with family violence in Montgomery County is a serious matter with lifelong implications. The legal system can be unforgiving, and mistakes—whether by law enforcement, prosecutors, or defendants—can have devastating consequences.

If you’re facing charges, consult with a criminal defense attorney who understands the local courts and has a track record of fighting aggressively for clients. Your future may depend on it.

Texas Senate Bill 1124 Aims to Roll Back Michael Morton Act Protections

Texas lawmakers are currently considering Senate Bill 1124, titled “an act relating to discovery in a criminal case.” Unfortunately, the Texas legislature is attempting to roll back the Michael Morton Act. For context, Morton was wrongfully convicted of murder and served 25 years in prison after government prosecutors withheld DNA evidence in his case. In response, a powerful discovery act was passed in 2013 that required Texas prosecutors to open their files. Now, statist lawmakers are attempting to roll back these protections.

It’s important to point out from the outset that this post is about a pending piece of legislation. Proposed laws can change, language can be adjusted, and thus this new law is still a work in progress.

Importance of Discovery in Criminal Case Proceedings

Discovery is an incredibly important part of any criminal case. One commendable goal of discovery is to allow a defendant knowledge of, and access to, the evidence against them. You generally have the right to face your accuser – to see what cards they can put on the table.

In practice, discovery in populated areas, such as Montgomery County, is sometimes a mess. Government lawyers routinely “discover” new evidence mere days before trial, and judges are in the position of having to exclude evidence or grant a continuance if the government did not disclose evidence to a citizen within a reasonable time frame. Discovery issues clog dockets, and lawmakers are trying to find ways to fix it.

The new law – as currently drafted – inserts language that a discovery request from the defense must be “specific.” In practice, accused citizens have used broad language from the old law in their written discovery requests as a way to say generally, “Give me everything. If it’s material, I want it.”

The new law would effectively place defendants in the uncomfortable position of having to guess what evidence the state has in order to write a “specific” request. The government is always powerful in comparison to a citizen. Police and state agencies can and should coordinate, gather material evidence, and disclose that evidence to a defendant.

The new law requires only “relevant” evidence to be disclosed whereas the old law requires any “material” evidence to be disclosed. Here’s the potential problem – who decides what is relevant? Under the new law, prosecutors get to decide what is relevant before they make disclosures. The law creates an outlet for nefarious government lawyers to withhold evidence that could be mitigating for an accused citizen. It’s certainly true that most prosecutors are ethical, but anyone practicing in the trenches knows there are a few bad apples that cannot be trusted.

Another potential pitfall – the new law allows judges to limit discovery requests if they rule that a particular request is “unduly broad or burdensome.” This language will open the floodgates for politically minded judges to deny discovery requests from a defendant.

Fair-minded judges who try to remedy many of these potential problems with their own discovery orders will be unable to do so – the new law forbids courts from requiring standards of discovery “greater than required” under the new law.

Risks of SB 1124 Outweigh Any Potential Benefits

Every piece of proposed legislation describes noble intentions, but the risks embedded in this proposed new law far outweigh the potential benefits. Every Texan, and every citizen of Montgomery County, deserves a fair and open discovery process. Texans should call upon lawmakers to preserve the Michael Morton Act.