DWI & Alcohol Related Offenses

Have you been arrested for DWI in Montgomery County, Texas?

As former prosecutors we have first hand knowledge of what the state looks for in prosecuting DWI & Alcohol related offenses. If you have questions do not hesitate to call Pullan & Young. We are more than happy to offer free consultations. (936) 647-1540.

What is Driving While Intoxicated?

Under Texas Law, a person commits DWI if he or she is operating a motor vehicle in a public place while intoxicated. "Intoxicated" means:

(a) 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 two or more of those substances, or any other substance into the body; or

(b) having an alcohol concentration of 0.08 or more.

I was arrested for DWI. Does that make me guilty?

No! Just because an officer brought you in for suspicion of driving while intoxicated doesn't automatically make you guilty. People are wrongly arrested for DWI all the time. Remember, a DWI arrest is based on an officer's opinion, and there are two sides to every story. Let us provide a qualified analysis and second opinion of your case to ensure your rights are protected.

Can I save my driver's license from suspension?

Maybe, but you have to act fast. You have just 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to save your license. That's why it's so important that you consult with an experienced attorney as soon as possible.

What can happen if I am convicted of DWI?

Driving while intoxicated (DWI), first offense, is a Class B Misdemeanor. The penalties include at least 72 hours in jail to a maximum 180 days in jail, and a max fine of $2,000.00. DPS may also suspend your driver's license for up to one year.

What if I had an Open Container with me?

If you had a container that has any amount of alcoholic beverage and that is open, has a broken seal, or the contents of which are partially removed, the minimum confinement is increased from 3 days to 6 days. It is not illegal to have an open container in a locked glove compartment, the trunk, or the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.

What if I blew over 0.15 on a first offense?

It will increase the punishment range from a class B to a class A misdemeanor.

What about DWI Second Offense?

A second conviction for DWI is a Class A misdemeanor, carrying a minimum 30 days in jail up to one year in jail, and a fine not to exceed $4,000.00. DPS may also suspend your driver's license for up to two years.

What does DWI Third or More mean?

After two misdemeanor convictions, any subsequent DWIs are a Third Degree felony. You are now facing a minimum of 2 years to a max of 10 years in prison with a fine not to exceed $10,000.00. DPS may also suspend your driver's license for up to two years.

What is DWI with Child?

A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place and the vehicle is occupied by a passenger who is younger than 15 years of age. This is a State Jail Felony meaning you can go to prison for 180 days up to 2 years with a fine not to exceed $10,000.00. DPS may also suspend your driver's license for up to two years.

What if I was intoxicated while driving a boat?

The penalties are the same for a first, second, or third or more DWI. However, the police or law enforcement officers do not have to have reasonable suspicion to pull you over. They can perform a safety check for no reason and then arrest you if they find probable cause for boating while intoxicated.

What must be proven for me to be convicted of DWI?

It must be proven beyond a reasonable doubt that you were operating a motor vehicle in a public place and that the alcohol level in your blood and/or breath was over the legal limit or that you didn't possess normal use of your mental and/or physical faculties.

Can I get probation?

You may be eligible for probation. However, there is no guarantee you will receive probation.

Is probation difficult?

Yes, but most feel it is much more desirable than jail or prison. Depending on your charge, you could be placed on probation for up to ten years. There are many conditions specifically required, but generally you will have these common conditions:

  • Refrain from drugs and alcohol
  • Work and support your dependents
  • Report monthly to a probation officer
  • Pay monthly fines and fees
  • Attend alcohol education classes
  • Install Ignition Interlock on your car
  • Wear a SCRAM device on your ankle
  • Remain with in the State or County
Are there fees associated with a DWI conviction?

Yes. DPS assesses fees, called surcharges, for you to keep your driver's license after a DWI conviction. You will have to pay these surcharges for three years if convicted of DWI.

  • If you are convicted for a DWI first offense the surcharge is $1,000.00 a year for three years.
  • If you are convicted for a subsequent DWI the surcharge is $1,500.00 a year for three years.
  • If you submitted to a breath or blood alcohol test and the results were a 0.16 or higher the surcharge is $2,000.00 a year for three years.
Can I get a DWI off my record?

If you are convicted for DWI, the conviction and arrest will be on your record for the rest of your life. However, if you are not convicted for the DWI the arrest can be expunged from your record if certain requirements are met.

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