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A DWI charge in Montgomery, Texas, endangers your license, freedom, and future. At LaVine Law Firm, our Montgomery DWI lawyer defends clients against DWI cases throughout Montgomery County. We handle everything from first-time misdemeanors to felony DWI criminal cases. Call us now at 713-489-7734 for a free consultation.
We know how frightening a DWI arrest feels. You may worry about jail time, losing your job, or telling your family. The prosecution moves fast, but so can we. Retaining a DWI attorney early gives you the best chance to protect your driver's license and your rights.
We take immediate action the moment you hire us. First, we advise you to invoke your right to counsel and not answer any voluntary questions without a DWI attorney present. Then we request an ALR hearing within 15 days of your arrest to contest the automatic driver's license suspension. This deadline is critical.
Our DWI defense approach includes:
We are the Montgomery DWI lawyers that Montgomery County clients rely on. Our law firm treats every case as if it will go to trial, because that preparation gives us leverage in negotiations. We also serve Harris County, Walker County, and the surrounding jurisdictions.
Under Texas Penal Code §49.04, DWI means operating a motor vehicle in a public place while intoxicated. Texas law defines "intoxicated" in two ways: having a blood alcohol content (BAC) of 0.08% or more, OR losing normal physical or mental faculties. DWI applies to alcohol, drugs, marijuana (including possession of marijuana while driving), and combinations of substances.
For more detailed information, the American Bar Association provides resources on DWI law across states. Unlike some states, Texas does not have a "wet reckless" plea. DWI is charged as DWI, and prosecutors rarely reduce it without a strong defense.
We defend all classifications of DWI offenses in Montgomery County. According to the Texas Department of Public Safety, Montgomery County sees hundreds of DWI arrests each year. Here are the specific charges we handle:
Misdemeanor DWI cases are filed in Montgomery County Courts at Law. Felony DWI cases are heard in Montgomery County District Court and require a grand jury indictment. Montgomery County prosecutors are known for aggressive DWI prosecution, so local court knowledge is critical.
LaVine Law Firm's familiarity with district court judges, prosecutors, and local procedures benefits every DWI case. Cases from the Conroe area also flow through Montgomery County courts, which is why we serve as a Conroe criminal defense lawyer as well. Our practice focuses on criminal defense in every courtroom across the county.
Penalties for DWI charges depend on your prior record and the specific facts. A first-offense DWI carries:
Texas DPS also imposes annual surcharges of 1,000 to 2,000 for three years after conviction. You may also face mandatory ignition interlock device installation. Financial aid for these costs is not available from the state.
Texas DPS automatically suspends your driver's license upon a DWI arrest if your BAC was 0.08% or higher or if you refused testing. You have 15 days from your arrest date to request an Administrative License Revocation (ALR) hearing. Requesting the ALR hearing slows the process and gives you a chance to contest your license suspension. If you do not request the hearing within this period, your license is automatically suspended, and you lose the ability to contest it.
The ALR (Administrative License Revocation) hearing is a civil proceeding held before SOAH (State Office of Administrative Hearings), and is separate from your criminal DWI case. At the hearing, the state must prove you either refused to submit to chemical testing or failed the test. If we win the ALR hearing, your driving privileges remain intact during your criminal case. LaVine Law Firm handles the ALR hearing as part of our comprehensive DWI defense. If suspension cannot be avoided, we can help you obtain a hardship (occupational) license.
Prior DWI history escalates penalties dramatically:
Prior DWI convictions from any state count toward enhancement under Texas law. Deferred adjudication is NOT available for DWI in Texas; any guilty or no-contest plea results in a final criminal conviction that counts as a prior offense. Our criminal defense strategy shifts significantly for clients with prior DWI convictions.
A DWI conviction creates a permanent criminal record that cannot be expunged in most cases. Employment background checks will flag the conviction, and CDL holders may permanently lose their commercial license. Your insurance rates will spike, and you will need to file an SR-22.
Professional licensing boards may revoke or deny licenses based on a DWI conviction. Non-citizens may face deportation or inadmissibility consequences. Military service and security clearance eligibility can also be affected. These consequences can follow you for life.
Yes, there are multiple defenses against DWI charges. The right DWI defense depends entirely on the facts of your stop, arrest, and testing. Not all DWI arrests lead to convictions; the quality of your legal representation matters enormously.
The prosecution must prove that the defendant operated a vehicle in a public place while intoxicated. We attack each element. Engaging a DWI attorney before speaking to prosecutors or pleading preserves all available options. We work on behalf of clients to determine the best course and fight to protect their future.
We deploy several proven DWI defense strategies in Montgomery County cases:
For advanced forensic analysis, we consult experts in forensic chromatography to challenge blood test results. We also partner with university forensic labs when needed.
The Texas Board of Legal Specialization certifies criminal law specialists who have passed a rigorous exam and demonstrated extensive trial experience. A board-certified criminal defense lawyer brings:
Unlike other lawyers with general practices, we focus entirely on criminal defense. Why does this matter for DWI cases?
LaVine Law Firm's criminal defense attorneys bring this level of focused expertise to every DWI case in Montgomery, giving you reasonable doubt leverage.
The DWI defense process in Montgomery County follows a predictable sequence:
DWI cases in Montgomery County courts typically resolve in 3 to 12 months, depending on complexity. We handle every stage with justice as our goal.
Your license faces automatic suspension unless you request an ALR hearing within 15 days of arrest. A DWI attorney can fight to preserve your driving privileges, even if police made an arrest.
Yes. Through motions to suppress, evidence challenges, or showing procedural errors by police or Houston area law enforcement. Outcomes depend on the facts and quality of the DWI defense.
A first- or second-DWI is typically a misdemeanor. A third criminal offense becomes a felony conviction, as do DWI with a child passenger or causing injury, elevating the charge to a felony charge in district court.
DUI applies only to minors with any detectable alcohol. DWI applies to adults with a BAC of 0.08% or above, or impaired faculties, regardless of BAC. The American Bar Association tracks both offenses nationally.
No. Texas law explicitly prohibits deferred adjudication for DWI. Any guilty or no-contest plea results in a final conviction that counts as a prior offense. If convicted, you face lasting consequences.
Board-certified lawyers use forensic chromatography and other advanced methods to challenge breathalyzer data and blood results. Specialized knowledge directly improves outcomes in technical DWI defenses.
DWI cases in Montgomery, Texas, carry serious criminal and administrative consequences. Every day without counsel narrows your available options. The ALR deadline is only 15 days from your arrest. LaVine Law Firm can act immediately to protect your driver's license.
We are committed to aggressive, strategic DWI defense for every client in Montgomery County and the surrounding areas. Our criminal defense attorneys are available to evaluate your case promptly. Do not let a DWI charge define your life.
Call us today at 713-489-7734 to schedule your case evaluation. Take the first step toward protecting your future. We fight hard for dismissal or reduction every time.
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