Montgomery County TX DWI Lawyer

Montgomery County TX DWI Attorney

Driving while intoxicated (DWI) is extremely dangerous, and it is one of the most commonly prosecuted criminal offenses in Montgomery County. While police throughout Texas have clear motivation to prevent intoxicated drivers from causing accidents, some drivers are unjustly and unfairly accused of DWI. In this situation, a driver needs to speak with a Montgomery County, TX DWI lawyer as quickly as possible to start building their defense.

Defending DWI Defendants in Montgomery County, TX

The attorneys at Surginer Stewart PLLC, have extensive professional experience helping individuals charged with DWI and many other types of offenses build solid defense strategies. We understand that facing any criminal charge can be daunting, and the outcome of your case has the potential to influence the rest of your life. Our goal is to help you avoid conviction if possible or, if necessary, minimize the penalties you face in sentencing.

It is vital to take full advantage of your right to legal counsel when you have been arrested for DWI. Whether you know you made a mistake, or you are certain that you have been wrongfully arrested, the right defense attorney can make a tremendous positive difference in the outcome of your case. Our firm can meet with you as quickly as possible to examine the details of your arrest and assist you in determining the most viable defenses available to you.

Understanding DWI Charges in Montgomery County, Texas

Under Texas’ DWI laws, a driver may be charged with DWI if they are caught operating a motor vehicle under the influence of alcohol or drugs. To test for alcohol intoxication, the blood-alcohol concentration (BAC) measurement system is used, and the legal BAC limit is.08% for most drivers. For drivers under the age of 21, any detectable BAC can lead to a DWI charge.

Police must establish probable cause to conduct a traffic stop for suspected DWI, and it is possible for a driver to be arrested for DWI at a DWI checkpoint. An officer must notice physical signs of impairment, see open alcohol containers inside of the vehicle, or establish other reasonable suspicion that the driver is impaired in order to conduct a lawful arrest for DWI. They must then confirm DWI with a chemical test.

A police officer may request that a driver take a preliminary alcohol screening during a traffic stop, but these tests are not mandatory. In fact, a driver may be giving a police officer probable cause by submitting to a preliminary test, which in turn will lead to their arrest. Texas’ implied consent law does, however, require that a driver submit to DWI chemical testing after they have been lawfully arrested for DWI. Failure to agree to this test can lead to severe penalties.

Potential Penalties for DWI in Texas

Texas, like most other states, assigns penalties for DWI convictions based on the individual factors of the case. For a first offense, a driver may be charged a fine, face a short jail sentence, and lose their driving privileges for a specific suspension period. These penalties will increase significantly for subsequent offenses, and penalties will also be enhanced if a defendant causes an accident resulting in injury or death while intoxicated by drugs or alcohol.

Texas also enforces additional laws for various other DWI-related offenses. For example, it is possible for a driver to face criminal charges if they are caught driving with an open alcohol container in their vehicle, even if they are not impaired at the time. It is also possible for an impaired driver to face greatly increased penalties for DWI if they were driving with a minor passenger at the time of their arrest.

Defending Against DWI Charges in Montgomery County, TX

Building your defense against a DWI charge in Montgomery County, TX begins with the first steps you take immediately upon arrest. At the moment of your arrest, two very important constitutional rights come into play that you must understand and exercise to the fullest extent. First is your protection against self-incrimination under the Fifth Amendment. You have no obligation to answer questions from the police.

Comply with arresting officers’ instructions and remain silent until you are able to speak with an attorney. An experienced Montgomery County, TX DWI lawyer can meet with you after arrest and booking to examine the details of your arrest, listen to your side of the story, and help you determine the most viable defenses available to you. Do not answer any questions or provide any statements to the police, even if you know you have done nothing wrong.

What to Expect From Your Montgomery County, TX DWI Lawyer

In every criminal case, the prosecution must prove that the defendant is guilty of the charges beyond a reasonable doubt. This means that their evidence and witness testimony must leave no room for a reasonable person to doubt whether the defendant committed the offense. This is a high standard to reach, and it will be your defense attorney’s mission to prevent the prosecution from reaching it.

Your defense may hinge on proving a mistake of fact, such as proving that you were not actually intoxicated. You may have grounds to challenge the results of the chemical test you took or the manner in which the test was administered. You may also need to prove a mistake of law. For example, your attorney might aim to prove that the arresting officer lacked probable cause to conduct the traffic stop and arrest in the first place.

If you did break the law, your defense attorney may still be a valuable asset when it comes to assisting you in reaching an optimal outcome for your case. They may be able to negotiate a plea agreement with the prosecution that may lead to reduced penalties. However, it is not a guaranteed option for every case, and no attorney can ever promise any client a specific outcome.

The team at Surginer Stewart PLLC, will do everything we can to streamline your proceedings and reach a fair result. Trust us to uncover all of the evidence you may need to prove you did not commit the DWI, or we may be able to assist you in mitigating your penalties. You have a limited time to build your defense, so contact us today to schedule a consultation with a Montgomery County, TX DWI attorney you trust to defend you.