If you’ve been arrested for driving while intoxicated (DWI) in Conroe, Texas, you’re facing serious legal consequences that could impact your life for years to come. At Cowboy Law Group, our experienced Conroe DWI lawyers are dedicated to protecting your rights and fighting for the best possible outcome in your case.
DWI charges in Texas carry severe penalties, including fines, license suspension, and potential jail time. However, with skilled legal representation, you may be able to reduce these penalties or even have your charges dismissed. Our attorneys have a deep understanding of Texas DWI laws and the local court system in Montgomery County, allowing us to build strong defenses for our clients.
Contact our Conroe defense attorneys today for a free consultation!
What Are the Penatlies for DWI in Texas?
Texas takes a tough stance on drunk driving. Penalties for DWI in Texas increase in severity for repeat offenses.
First DWI Offense
For a first-time DWI offense, you could face a fine of up to $2,000, jail time ranging from 3 to 180 days, and a driver’s license suspension of up to one year. These penalties can significantly disrupt your life, affecting your ability to work and care for your family.
Second DWI
For a second DWI offense, the consequences become even more severe. You may be looking at a fine of up to $4,000, jail time between 30 days and one year, and a license suspension lasting up to two years.
Third DWI
The stakes are even higher for a third offense, which is classified as a third-degree felony. This can result in a fine of up to $10,000 and a prison sentence ranging from 2 to 10 years.
Impaired Driving With a Child Passenger
If you drive while impaired with a child under 15 in your vehicle, you may face:
- Up to a $10,000 fine
- Up to 2 years in jail
- License suspension for 180 days
Drunk driving penalties can be enhanced under certain circumstances. For example, if you have a blood alcohol concentration (BAC) of 0.15 or higher, you may face more severe charges and penalties.
How a Conroe DWI Lawyer Can Help You
When facing DWI charges in Conroe or Montgomery County, having an experienced DWI lawyer on your side can make a significant difference in the outcome of your case. At Cowboy Law Group, our Conroe DWI attorneys can provide invaluable assistance in several ways.
Case Evaluation
We’ll thoroughly review the details of your drunk driving arrest, including the traffic stop, field sobriety tests, and any chemical tests administered. This allows us to identify potential weaknesses in the prosecution’s case and develop a strong defense strategy.
Challenging Evidence
Our Conroe DWI lawyers will scrutinize all evidence against you, including breathalyzer results, blood tests, and field sobriety test performance. We’ll work to suppress any evidence that was improperly obtained or may be unreliable.
Negotiating with Prosecutors
In many DWI cases, we can negotiate with the prosecution to reduce charges or penalties. This may involve plea bargaining or advocating for alternative sentencing options, such as probation or alcohol education programs.
For eligible clients, we may be able to pursue options like deferred adjudication, which can help you avoid a conviction on your record.
Representing You in Court
If your case goes to trial, our experienced DUI attorneys will vigorously defend your rights in court, challenging the prosecution’s evidence and presenting a compelling case in your favor.
We’ll also represent you at administrative license revocation (ALR) hearings to fight against the automatic suspension of your driver’s license following a DWI arrest.
What to Do If You’re Arrested for Drunk Driving
If you are arrested for driving under the influence in Conroe, Texas, it’s crucial to take the right steps to protect your rights.
- Remain Silent: Exercise your right to remain silent and avoid making any statements to law enforcement without an attorney present. Anything you say can be used against you in court.
- Document the Arrest: As soon as possible after your release, write down everything you remember about the arrest, including the reason for the traffic stop and any tests administered.
- Contact a DWI Lawyer: Reach out to an experienced Conroe DWI lawyer as soon as possible. The sooner you have legal representation, the better your chances of building a strong defense.
- Attend All Court Dates: Make sure to appear at all scheduled court hearings. Missing a court date can result in additional charges and complicate your case.
- Follow Your Lawyer’s Advice: Your attorney will guide you through the legal process and advise you on the best course of action.
Frequently Asked Questions About DWI in Texas
What is the difference between DUI and DWI in Texas?
In Texas, DUI (Driving Under the Influence) specifically refers to minors (under 21) driving with any detectable amount of alcohol in their system.
DWI (Driving While Intoxicated) applies to drivers of any age who are operating a vehicle while intoxicated by alcohol or drugs. For adults, DWI is the more common charge and typically involves a blood alcohol concentration (BAC) of 0.08% or higher.
Can you refuse a breathalyzer test in Texas?
Yes, you have the right to refuse a breathalyzer test in Texas. However, it’s important to understand that refusal comes with consequences. Under Texas’s implied consent law, refusing a breathalyzer test means your driver’s license will be automatically suspended for 180 days. Additionally, your refusal can be used as evidence against you in court.
If you refuse a breathalyzer, the officer will immediately confiscate your license and issue you a temporary permit. You’ll have 15 days to request an administrative hearing to contest the license suspension.
It’s crucial to talk with a Conroe DWI lawyer as soon as possible, as they can help you navigate the administrative process and potentially challenge the suspension.
Can you refuse field sobriety tests in Texas?
You have the right to refuse field sobriety tests in Texas. These tests typically include the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. There are no automatic penalties for refusing field sobriety tests.
However, refusing field sobriety tests doesn’t mean you won’t be arrested. If the officer has probable cause to believe you’re intoxicated, they can still arrest you for DWI. Your refusal may also be used as evidence in court, although a skilled DWI lawyer can often challenge this.
Many DUI attorneys advise against performing field sobriety tests, as these tests can be subjective and may provide evidence that can be used against you, even if you’re not intoxicated. Factors like physical conditions, nervousness, or even the weather can affect your performance on these tests.
Can I be arrested for DWI if my BAC is below 0.08%?
Yes, you can be arrested for driving while intoxicated (DWI) in Texas even if your blood alcohol concentration (BAC) is below the legal limit of 0.08%. If an officer believes a driver is impaired and unable to safely operate a vehicle, they can make a DWI arrest even if the driver’s BAC is below 0.08%.
Signs of impaired driving can include slurred speech, bloodshot eyes, difficulty walking, erratic driving behavior, and performance on field sobriety tests.
How Does a License Suspension Hearing Work?
The Administrative License hearing is a crucial part of the DWI process in Texas, separate from the criminal case. An administrative law judge decides whether to uphold or overturn your driver’s license suspension.
You must request an ALR hearing within 15 days of receiving the notice of suspension. Failing to do so will result in automatic license suspension. The hearing is typically scheduled within 30-60 days.
The license suspension hearing uses a lower standard of proof than a criminal trial. The state only needs to show that it’s “more likely than not” that you either failed or refused a blood alcohol concentration (BAC) test.
Having an experienced drunk driving defense attorney represent you is critical.
Why Choose Cowboy Law Group for Your DWI Defense?
When you’re facing DWI charges in Conroe or Montgomery County, you need a dedicated law firm with a proven track record of success in DWI defense. At Cowboy Law Group, we offer:
- Experience: Our attorneys have years of experience defending clients against DWI charges in Montgomery County and throughout Texas.
- Local Knowledge: We have an in-depth understanding of the local court system, prosecutors, and judges in Conroe and Montgomery County, allowing us to navigate your case more effectively.
- Personalized Attention: We treat each case as unique, developing tailored defense strategies based on the specific circumstances of your arrest and charges.
- Aggressive Advocacy: Our lawyers are known for their tenacious defense of clients’ rights, fighting tirelessly to achieve the best possible outcomes.
- Comprehensive Support: We guide you through every step of the legal process, from administrative hearings to plea negotiations and trial representation if necessary.
Contact Us Today for a Free Case Review
If you or a loved one has been arrested for drunk driving, don’t face the charges alone. Contact Cowboy Law Group today for a free consultation. Our experienced Conroe DWI lawyers are ready to review your case, explain your options, and start building a strong defense strategy to protect your rights and future.
Remember, a DWI arrest is not the same as a conviction. With the right legal representation, you may be able to avoid the most serious consequences and move forward with your life. Don’t let a DWI charge derail your future. Contact Cowboy Law Group now and take the first step towards protecting your rights and freedom.