DWI Lawyer in Montgomery, Texas

If you’ve been arrested for driving while intoxicated (DWI) in Montgomery, Texas, the consequences can be severe. A DWI conviction can lead to license suspension, heavy fines, and even jail time. For individuals facing serious charges, it is essential to work with our experienced DWI lawyer who understands the complexities of Texas law. At The Fowles Law Firm, our Montgomery DWI lawyer offers reliable legal representation to protect your rights and fight for the best possible outcome in your case.

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Understanding DWI Laws in Texas: A Quick Guide from Our DWI Lawyer

If you’re facing DWI charges in Montgomery, Texas, it’s essential to understand the state’s laws, penalties, and legal process. The Fowles Law Firm provides this brief overview to help you navigate DWI cases.

DWI and BAC Limits in Montgomery

In Texas, a DWI (Driving While Intoxicated) occurs when a driver is impaired by alcohol, drugs, or both. A person is considered legally intoxicated with a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers). Even without reaching this limit, a driver can be arrested if impaired. DWI charges carry serious criminal and administrative penalties.

DWI vs. DUI in Texas

● DWI (Driving While Intoxicated): Refers to driving under the influence of alcohol or drugs as an adult over 21.
● DUI (Driving Under the Influence): Only applies to drivers under 21 with any detectable alcohol.

Field Sobriety & Chemical Tests

Law enforcement may administer field sobriety tests (FSTs) to assess intoxication, though these tests can be subjective. Chemical tests (breath or blood tests) are more accurate and can result in license suspension if refused.

● Breath Test: Measures alcohol in the breath.
● Blood Test: More accurate detection of alcohol and drugs.

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Why You Need a Montgomery DWI Lawyer

Hiring our experienced Montgomery DWI lawyer can make a significant difference in the outcome of your case. Here are several reasons why you should seek professional legal representation:

  • Knowledge of Local Laws: Our skilled Montgomery DWI attorney is familiar with Texas state laws and Montgomery County procedures, which can help you build a strong defense.
  • Protection of Your Rights: A DWI charge can lead to severe consequences, such as fines, loss of driving privileges, and even jail time. Our Montgomery DWI lawyer will ensure that your rights are protected throughout the legal process.
  • Investigation of Evidence: Our Montgomery DWI lawyer will thoroughly examine the evidence against you, including field sobriety tests, breathalyzer results, and police procedures, to identify any flaws in the case.
  • Negotiation of Plea Deals: Our experienced DWI attorney can negotiate on your behalf for reduced charges or alternative sentences, such as alcohol education programs or community service.
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Why Choose The Fowles Law Firm as Your Montgomery DWI Attorney?

Choosing the right DWI attorney to represent you in a DWI case can be daunting, but with The Fowles Law Firm, you can trust that your case will be handled with care and professionalism. Here’s why you should choose us:

  • Proven Track Record: Our Montgomery DWI attorney has successfully defended clients in numerous DWI cases across Montgomery, Texas, achieving favorable outcomes.
  • Personalized Approach: Our Montgomery DWI lawyer takes the time to understand the details of your case and tailor our strategy to suit your needs.
  • Responsive and Supportive: We offer timely communication and keep you informed throughout the entire legal process.

Comprehensive DWI Defense Services in Montgomery: How Our Montgomery DWI Lawyer Can Help

At The Fowles Law Firm, we offer comprehensive legal services for individuals charged with DWI in Montgomery, Texas. Here’s what you can expect from us:

  • Initial Consultation: Our DWI lawyer begins by understanding the specifics of your case through a free consultation. We listen to your side of the story and review any evidence that may be available.
  • Case Evaluation: Our Montgomery DWI lawyer assesses the strength of the evidence against you and looks for any possible weaknesses, including faulty testing or improper arrest procedures.
  • Strong Defense: Our DWI attorney develops a defense strategy tailored to your case, which may include challenging the results of breathalyzer tests or questioning the legality of the traffic stop.
  • Negotiation and Representation: If applicable, our Montgomery DWI attorney will negotiate with the prosecution to seek reduced charges or alternative sentencing options, such as community service or probation.

Common Defenses Against DWI Charges in Montgomery: How Our DWI Lawyer Can Help Defend You

If you’re facing a DWI charge in Montgomery, Texas, the skilled DWI lawyer at The Fowles Law Firm can help challenge the evidence against you. Here are some common defenses:

  • Improper Traffic Stop: Law enforcement must have a valid reason to pull you over. If the stop was unlawful or based on racial profiling, any evidence collected afterward could be inadmissible. Our skilled Montgomery DWI attorney may argue the stop was not justified.
  • Lack of Probable Cause: Officers must have probable cause to arrest you for DWI. If you were not showing signs of impairment or the officer had no solid reason to arrest you, our DWI lawyer can challenge the arrest and charges.
  • Faulty Breathalyzer or Blood Test: Breathalyzer and blood tests must be conducted properly to be reliable. If the equipment was faulty, improperly calibrated, or tests were administered incorrectly, our Montgomery DWI lawyer can challenge the results.
  • Field Sobriety Test Failures: Field sobriety tests are subjective and can be influenced by factors like physical limitations or nervousness. Our skilled DWI lawyer may argue the tests were misinterpreted or not conducted properly.
  • Higher Blood Alcohol Content: If you consumed alcohol shortly before the stop, your BAC may have been below the legal limit while driving but risen afterward. This rising BAC defense could be used to reduce or dismiss charges.

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DWI Process in Montgomery: A Guide from The Fowles Law Firm and Our DWI Lawyer

If you’ve been charged with a DWI in Montgomery, Texas, the process may seem overwhelming. Here’s a simplified overview of what to expect and how our Montgomery DWI lawyer at The Fowles Law Firm can assist you.

1. The Arrest

The DWI process begins with your arrest. Officers may arrest you if they suspect impairment from alcohol or drugs, often determined through a traffic stop or field sobriety tests. You may be asked to take a breath or blood test to determine your blood alcohol content (BAC).

2. License Suspension

Texas law allows for the suspension of your driver’s license following a DWI arrest. You have 15 days to request a hearing to challenge this suspension. Our experienced attorney can represent you in this hearing to fight for your driving privileges.

3. Pre-Trial Hearing

At the pre-trial stage, our lawyer will review the evidence, challenge the validity of the charges, and look for weaknesses in the prosecution’s case. Depending on the circumstances, your charges may be reduced or dismissed.

4. Negotiation and Plea Bargains

Our attorney may negotiate a plea deal, potentially reducing charges or penalties such as fines, alcohol education programs, or probation, depending on the case.

5. Trial

If no plea agreement is reached, your case will go to trial. Our Montgomery DWI attorney will present a defense, challenge evidence, and protect your rights. If convicted, penalties may include fines, license suspension, or jail time.

6. Post-Conviction and Appeal

If convicted, you may have options for appeal or reducing your sentence. Our DWI attorney will guide you through this phase to minimize penalties and explore any available options.

What to Do If You’re Arrested for DWI in Montgomery, Texas?

If you are arrested for DWI in Montgomery, Texas, remaining calm and taking strategic steps can help safeguard your rights. First, stay composed and cooperate politely by providing the necessary documents, such as your driver’s license, registration, and insurance. Remember, you have the right to remain silent and are not obligated to answer incriminating questions. It’s essential to understand your legal rights, including the right to representation—contact our experienced Montgomery DWI attorney at The Fowles Law Firm immediately for assistance.

Deciding whether to take a breathalyzer or blood test is critical. While Texas law allows you to refuse these tests, doing so results in a 180-day license suspension and may still lead to prosecution based on other evidence. Refusal doesn’t prevent legal action, so consulting a DWI lawyer from The Fowles Law Firm promptly is important. Acting quickly is key—you have only 15 days to request a hearing to contest your license suspension. With our legal team’s guidance, you can navigate the court process, prepare your defense, and work toward the best possible outcome.

Penalties for Driving While Intoxicated DWI in Texas: What Our DWI Lawyer Wants You to Know

In Texas, penalties for Driving While Intoxicated (DWI) increase with each offense:

First Offense

  • Fines: Up to $2,000.
  • Jail: 3 to 180 days.
  • License Suspension: 90 to 365 days.
  • Community Service: 24 to 100 hours.
  • Probation: May be eligible.
  • Alcohol Education: Mandatory program.

Second Offense

  • Fines: Up to $4,000.
  • Jail: 30 days to 1 year.
  • License Suspension: Up to 2 years.
  • Community Service: 80 to 200 hours.
  • Probation: More restrictive.

Third Offense (Felony)

  • Fines: Up to $10,000.
  • Jail: 2 to 10 years.
  • License Revocation: Up to 2 years.
  • Community Service: 160 to 600 hours.
  • Probation: Less likely.

The more DWI offenses you have, the more severe the penalties, including the potential for permanent license revocation and long-term consequences.

Possible Outcomes of DWI Cases in Montgomery: The Importance of Legal Counsel Provided by Our DWI Attorney

DWI cases in Montgomery, Texas can have several outcomes:

  • Dismissal: Charges may be dropped if there’s insufficient evidence or rights violations.
  • Reduction: The charge may be reduced to a lesser offense
  • Conviction: If convicted, penalties vary by offense history and circumstances. Penalties may include fines, jail, license suspension, and probation.

Having legal counsel is essential for achieving a favorable outcome. Our experienced Montgomery DWI attorney can challenge evidence, negotiate reductions, and help avoid the most severe consequences.

Additional Resources on DWI Laws and Defense Strategies

For more information on DWI laws and defense strategies, check out these resources:

Frequently Asked Questions

If you refuse to take a breathalyzer test in Texas, you may face an automatic suspension of your driver’s license for 180 days, and the refusal may be used against you in court.

A DWI conviction in Texas will remain on your criminal record permanently unless you are eligible for expungement, which can be a complex process.

In some cases, our Montgomery DWI lawyer may be able to negotiate a plea deal to reduce your charge to a lesser offense, such as reckless driving, depending on the circumstances of your case.

Justin Fowles Law FIrm

Call For Free Consultation: (713) 332-6814

Contact The Fowles Law Firm for DWI Defense with Our Montgomery DWI Lawyer

If you’ve been charged with a DWI in Montgomery, Texas, contact The Fowles Law Firm today. Our experienced Montgomery DWI attorney is ready to fight for you and ensure your rights are protected. Call us at 713-332-6814 or fill out the contact form on our website to schedule a free consultation with our skilled Montgomery DWI lawyer.