If you were recently charged with a DWI in Montgomery County, Texas, you need a lawyer who knows both DWI laws and the science to defend you. If you are found not guilty or if your charges are dismissed, you can avoid legal penalties and impacts on your personal life.
Blass Law is proud to serve the residents of Montgomery County. Our Montgomery County criminal defense lawyer can defend your rights and help you get the best possible outcome. We can learn more about your cases and the charges you face during a confidential consultation today.
Fighting to Protect DWI Clients’ Rights in Montgomery County, Texas
At Blass Law, we understand that you might be stressed or confused after being charged with a DWI. You don’t need to face these charges alone. A Montgomery County DWI attorney from our firm can offer you the following services:
- Standing up to prosecutors
- Fighting against your charges
- Gathering evidence that could prove the police botched your arrest
- Answering your questions and providing guidance
- Preparing you for trial
- Defending your rights during trial
This core motto drives our DWI law firm serving Montgomery County – Keeping Innocent People Innocent®. We aren’t here to judge you for your decisions; we’re here to fight for you. We believe you deserve the chance to protect your future and livelihood.
We’ve settled many DWI cases since our founding. Several of our past clients failed Breathalyzer and field sobriety tests after law enforcement pulled them over. This didn’t matter, however. They were still found not guilty after we picked apart their case.
Challenging the Prosecution
Here’s how we can challenge your DWI charge:
- Argue that your stop was illegal: Law enforcement officers must abide by probable cause – they can’t pull you over without an apparent traffic violation. If you were pulled over illegally, we could suppress all evidence associated with your initial arrest.
- Challenging blood draw results: Blood tests aren’t perfect. Humans are involved and we all know they can make mistakes.
- Challenging a Breathalyzer’s test results: Breathalyzers don’t always get it right. We can undergo an investigation to determine if your breathalyzer test was administered incorrectly or if the equipment used was faulty – either of these occurrences could nullify some of the prosecution’s evidence.
- Analyzing field sobriety tests: Jay Cohen, our lead attorney, is a Certified Practitioner in Standardized Field Sobriety Testing. He can review the tests law enforcement used and point out inconsistencies.
DWI Penalties in Montgomery County
In Montgomery County, you can face the following penalties if convicted of a DWI:
- Jail or prison time
- Fines
- License suspension
The severity of these penalties depends on the outcome of your sentencing hearing and if you have previous DWI convictions. For example, the detention durations associated with previous DWI convictions include the following:
- First offense: Up to 180 days in jail
- Second offense: Up to one year in jail
- Third offense: Up to 10 years in prison
Being arrested for a first-time DWI in Montgomery County can be intimidating, but it doesn’t have to define your future. A Montgomery County First-Offense DWI lawyer can help you understand your options, protect your license, and work to reduce or dismiss the charges.
Will My Insurance Rates Increase If I’m Convicted?
A DWI conviction can make your insurance policies more expensive. Forbes Advisor reports that, on average, car insurance rates increase by 52% after a DWI. These rate hikes can last three to five years after a conviction, assuming you don’t re-offend.
Similarly, life insurance may become more expensive or impossible to obtain if you face a DWI charge. Many life insurance providers, like Banner and AIG, require applicants to wait two years after a DWI conviction before they consider offering them life insurance.
How does Law Enforcement Decide Someone Is Drunk?
Under Montgomery County law, you are considered drunk if:
- Your blood alcohol concentration is 0.08% or above; and/or
- Your level of intoxication affects your motor control, specifically if you don’t have the normal use of your mental or physical faculties.
In order to determine whether someone’s intoxication level warrants an arrest, law enforcement will conduct the following tests:
- Field sobriety tests: Law enforcement conducts several field sobriety tests, including the walk and turn test, the one-leg stand test, and the horizontal gaze nystagmus test. These tests aim to test an individual’s motor function.
- Behavioral observations: Trained law enforcement officers observe a driver’s behavior during a traffic stop. This includes a driver fumbling with their keys, having bloodshot eyes, or smelling like liquor.
- Breathalyzer tests: Breathalyzers estimate a driver’s blood alcohol concentration. These devices require that the suspect blows air into a small tube.
Crimes Similar to a DWI
Several crimes can occur alongside a DWI, including:
Endangerment of a Child
Driving drunk with a passenger under age 15 is a state jail felony in Montgomery County, Texas. State jail felonies are punishable by up to two years in jail and fines not exceeding $10,000. If you have a previous felony on your record, the state jail felony will be enhanced to a third-degree felony.
Possession of Alcoholic Beverage in a Motor Vehicle
In Montgomery County, possessing an open alcoholic beverage in the area of a vehicle designed for “the seating of the operator and passengers of the vehicle” is a Class C misdemeanor. Keep in mind that the living quarters of motorhomes and the passenger areas of taxis, limos, and buses are exempt from this law.
Intoxicated Manslaughter or Assault
Intoxicated manslaughter or assault occurs when:
- Intoxicated assault: An individual accidentally harms someone else while driving drunk – punishable by a third-degree felony.
- Intoxicated manslaughter: An individual accidentally causes a fatality while driving drunk – punishable by a second-degree felony.
If you’re convicted of either of these crimes, you could also be sued in civil court by the parties you injured.
What Is a DWI Plea Deal?
According to the U.S. Department of Justice (DOJ), a plea deal is “When the Government has a strong case, the Government may offer the defendant a plea deal to avoid trial and perhaps reduce his exposure to a more lengthy sentence.”
During a plea deal, the defendant (someone charged with a crime) admits guilt instead of going to trial. Plea deals are useful in cases where prosecutors have an insurmountable amount of evidence. In these difficult cases, they offer several benefits, including:
- Avoiding trial
- Allowing your lawyer to negotiate your sentence’s terms
Should I Take a Plea Deal?
At Blass Law, we recognize that plea deals sometimes make sense during a Montgomery County DWI case. However, we will never force you to enter a plea deal. Instead, we can discuss how a plea deal could affect your case and explain your options.
We will negotiate during your sentencing hearing if you and a Montgomery County DWI lawyer from our firm decide to pursue a plea deal. A successful plea deal could mean lesser fines and penalties.
Contact Us Today for Help from a Montgomery County DWI Lawyer
If you are ready to take action after a DWI arrest and charge in Montgomery County, Texas, we can help you. We can provide you with a completely confidential case evaluation. Your privacy is our priority.
Contact our offices to get started today for a free consultation. During our initial meeting, we can tailor our services to your individual needs.