DWI Defense in Walker & Montgomery County, Texas
Your Rights, Your Options, Your Defense
Being arrested for Driving While Intoxicated (DWI) in Texas is a serious matter and for residents of Montgomery County, it can feel overwhelming. Between the shock of the arrest, the immediate threat to your driver’s license, and the long-term risks to your reputation and future, you may be tempted to plead guilty and move on.
That would be a mistake.
At Griffin & Cain, Attorneys at Law, PC, we’ve helped countless individuals facing DWI charges avoid the harshest consequences of the Texas criminal justice system. We understand the local courts, the prosecutorial strategies, and most importantly, how to challenge the state’s evidence to protect your rights.
Why You Need a DWI Attorney in Texas, Immediately
After a DWI arrest, the legal clock starts ticking. You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. Fail to do so, and your license can be suspended—even before your criminal case begins.
The ALR hearing is just one piece of the puzzle. Your DWI case will also involve:
- Evaluating whether the traffic stop was legal
- Challenging the results of field sobriety and breath/blood tests
- Examining the chain of custody for any samples taken
- Analyzing whether testing equipment was properly maintained and used
In short, there are many opportunities to challenge the charges—if you have the right legal representation.
Understanding Texas DWI Law
Texas Penal Code §49.04 defines DWI as operating a motor vehicle in a public place while:
- Having a blood alcohol concentration (BAC) of 0.08% or more, or
- Not having the normal use of mental or physical faculties due to the consumption of alcohol, a drug, or a controlled substance.
Two Paths to a DWI Conviction
Unlike what most people believe, you can be convicted of a DWI in Texas even if your BAC is below 0.08%. If law enforcement believes you lacked control of your faculties while behind the wheel—due to alcohol, drugs, or even prescription medication—you can still face charges.
That’s why it’s crucial to have an experienced DWI defense attorney who understands both standards and can counter each one effectively.
Your Arrest: What Happens After a DWI Stop?
A typical DWI case begins with a traffic stop—often for something minor like swerving, speeding, or even a broken taillight. Once pulled over, the officer may:
- Ask if you’ve been drinking
- Request that you perform field sobriety tests
- Administer a breathalyzer test or obtain a blood sample
- Place you under arrest if they believe you are intoxicated
You will then face two separate processes:
- The ALR proceeding, a civil hearing about your license.
- The criminal DWI case, which determines guilt and penalties.
Each process requires a strong legal strategy.
Fighting Back: Strategic DWI Defense Tactics
Our Montgomery County DWI attorneys explore every angle of your case, including:
- Illegal Traffic Stop
Did the officer have reasonable suspicion to initiate the stop? Merely leaving a bar or driving late at night is not enough. We review dashcam footage, officer reports, and witness statements to determine if the stop was valid.
- Probable Cause for Arrest
The officer must have probable cause to arrest you. We evaluate whether slurred speech, red eyes, or the smell of alcohol truly established that—or whether they jumped to conclusions.
- Faulty Field Sobriety Tests
Field sobriety tests (like walking in a straight line) are subjective and often administered incorrectly. If you’re overweight, injured, elderly, or simply nervous, you might “fail” a test without being intoxicated.
- Breath and Blood Test Inaccuracies
Testing errors are more common than people realize. Our team investigates:
- Whether the breathalyzer was properly calibrated and maintained
- If the officer was certified to operate it
- If the blood sample was stored and transported correctly
- Whether the chain of custody was properly documented
Even small errors can cast doubt on the validity of the results.
- External Factors That Skew BAC Readings
Did you eat bread or dessert before driving? Use mouthwash? Take cough syrup? These factors can produce false-positive BAC readings. We examine everything, down to your last meal.
DWI Penalties in Texas
Texas imposes severe penalties for DWI—even for first-time offenders. Here’s what’s at stake:
First Offense (Class B Misdemeanor)
- Up to $2,000 fine
- Up to 180 days in jail
- License suspension up to 1 year
- Annual surcharge of $1,000–$2,000 for 3 years
Second Offense (Class A Misdemeanor)
- Up to $4,000 fine
- Up to 1 year in jail
- License suspension up to 2 years
- Annual surcharge up to $2,000
Third Offense (Third-Degree Felony)
- $10,000 fine
- 2–10 years in prison
- License suspension
- Permanent felony record
Other enhancements include:
- DWI with a child passenger (automatic felony)
- BAC of 0.15% or more (upgraded to Class A misdemeanor)
- Refusal to take a chemical test (license consequences)
Deferred adjudication is currently not available for standard DWI charges. However, probation may be available, which includes conditions such as mandatory counseling, community service, ignition interlock installation, and no further violations.
The ALR Hearing: Fighting for Your License
The Administrative License Revocation (ALR) process is separate from the criminal case—but no less important. It determines whether your license will be suspended while your case is pending.
Key Points:
- You have 15 days after your arrest to request a hearing.
- The ALR hearing reviews reasonable suspicion and probable cause only.
- Winning the ALR hearing can help your criminal case.
We represent clients at ALR hearings to protect their driving privileges and gather critical evidence for their defense.
How a Montgomery County DWI Attorney Can Help
At Griffin & Cain, we do more than review police reports. We take a strategic, evidence-based approach that includes:
- Collecting and reviewing video footage from police dashcams and bodycams
- Subpoenaing maintenance logs for breathalyzer devices
- Consulting with toxicology experts
- Challenging the chain of custody for blood samples
- Negotiating plea bargains or advocating for dismissal or reduction
We know how the local prosecutors think, what the judges expect, and how to give you the best possible chance for success.
What’s at Stake Beyond the Courtroom
A DWI conviction can impact more than your criminal record. It can affect:
- Employment opportunities
- College admissions and scholarships
- Professional licenses (nurses, teachers, real estate agents, etc.)
- Auto insurance rates
- Personal reputation
Our job is to protect you not just from jail time—but from these long-term consequences.
Arrested for DWI?
You have 15 days to request an ALR hearing and protect your license. Your first consultation is complimentary. Send us a message using the form below.
We're Available to Speak With You
Fields marked with an * are required
Contact Our Office
Today
We will provide a complimentary consultation so that you can discuss your issue with us. Get started by calling us or contacting us via email, and we will respond as soon as possible.
Explore DWI Topics in Depth
Every DWI case turns on its own facts. These guides cover the parts of a Texas DWI that most often decide the outcome.
- ALR License Suspensions — You have 15 days from arrest to request a hearing or your license is suspended automatically.
- Breath and Blood Tests — How the state collects its chemical evidence, and where chain of custody and procedure break down.
- The Intoxilyzer 9000 — Calibration records, operator certification and the observation period all create defenses.
- Know Your Rights During a Stop — What you must do, what you can decline, and what the officer is allowed to ask.
- The DWI Legal Process — Every stage from arrest through pretrial motions to trial or dismissal.
- DWI Penalties and Fines — Jail ranges, fines, suspension periods and surcharges at each offense level.
- Deferred Adjudication — Now available for some first-time Texas DWI cases. Who qualifies and what it costs you.
- DWI and Drug Intoxication — A valid prescription is not a defense. How medication-based cases are proven.
- DWI With a Child Passenger — A state jail felony in Texas, plus a CPS referral that runs alongside the criminal case.
- Intoxication Assault — A third-degree felony when someone suffers serious bodily injury.
- Intoxication Manslaughter — A second-degree felony carrying a mandatory affirmative finding.
A Few Words From Satisfied Clients
Our last review post was a year ago; Brian has continued to provide excellent work and advice on legal matters.
Common DWI Questions
Can I refuse a breath or blood test?
Yes—but Texas has implied consent laws. Refusing can lead to automatic license suspension. In many cases, officers will seek a warrant to draw blood anyway.
Will I lose my license?
Possibly. You could lose it through the ALR process or as part of a conviction. A skilled attorney can fight to preserve your license or help you obtain an occupational license.
Do I need a lawyer for a first-time DWI?
Absolutely. Even a first offense can have lasting consequences. An attorney can help you explore all defense options and may prevent a conviction.
How long does a DWI case take in Texas?
Most Montgomery County DWI cases resolve in four to nine months. Cases built on blood evidence run longer, because lab backlogs drive the timeline. The license side moves far faster — the ALR hearing must be requested within 15 days of arrest.
Is a first DWI a misdemeanor or a felony?
A first Texas DWI is normally a Class B misdemeanor. It becomes a felony if a passenger under 15 was in the vehicle, if someone suffered serious bodily injury, or if you already have two prior convictions. See DWI with a child passenger and intoxication assault.
Do I have to perform field sobriety tests?
No. Field sobriety tests are voluntary in Texas and declining them is not a crime. A breath or blood sample is different — refusing that triggers an automatic license suspension. More in know your rights during a stop.
Can a Texas DWI be reduced or dismissed?
Yes. Charges are dismissed or reduced when the stop lacked reasonable suspicion, when testing procedure or calibration fails, or when the state cannot prove you were intoxicated at the time you were driving. See breath and blood tests.
Will a DWI stay on my record?
A conviction is permanent and cannot be expunged. A dismissal or acquittal can usually be expunged, and some first-time cases resolved through deferred adjudication can later be sealed with an order of nondisclosure.
What if I was taking prescription medication?
A valid prescription is not a defense. Texas defines intoxication as losing the normal use of your mental or physical faculties from any substance, including lawfully prescribed medication. See DWI and drug intoxication.
What does a DWI actually cost?
Beyond the fine, expect license reinstatement fees, sharply higher insurance, an ignition interlock in many cases, and a required education program. See DWI penalties and fines for the figures at each offense level.
Why Choose Griffin & Cain for Your DWI Defense?
- Decades of courtroom experience
- In-depth knowledge of DWI science, testing, and forensic procedures
- Proven track record in dismissals and charge reductions
- Familiarity with local prosecutors and judges in Montgomery County
- Personalized strategies tailored to your situation
We fight DWI cases every day. We know what works—and what doesn’t.
We're Available to Speak With You
Fields marked with an * are required
Contact Our Office
Today
We will provide a complimentary consultation so that you can discuss your issue with us. Get started by calling us or contacting us via email, and we will respond as soon as possible.
Phone:
936-539-1011
Address:
400 W. Davis St., Suite 200. Conroe, TX. 77301