DWI/DUI Case Results in Montgomery, TX

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

Our client was contacted at a commercial lot after a minor curb hop and reports that they appeared unsteady inside the business. Officers noted an alcohol odor and slurred speech, but no field sobriety tests were completed and no breath or blood sample was taken. We obtained the videos and reports and found that the only admissions about drinking were made while the client was handcuffed, without Miranda warnings. We challenged the admissibility of those statements and the lack of scientific proof. The case resolved with deferred probation, avoiding a conviction.

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

After a traffic stop for an equipment and registration issue, our client was arrested for a first-offense DWI. Officers conducted field sobriety tests despite the client's back and joint problems from a recent medical procedure, and a blood sample was taken at the jail based on a consent form the client does not recall signing and that lacked the client’s signature. We obtained the videos and paperwork and challenged the testing, the consent documentation, and the absence of impaired driving cues. Leveraging those weaknesses, we secured a reduction to a lesser offense. The case closed with credit for time already served.

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

A traffic stop for speeding led to a first offense DWI arrest. Officers noted mixed performance on field sobriety tests, and a later blood draw reported a BAC over .15. We demanded the full laboratory packet, chain of custody and machine data, and combed through the dash and body camera footage for testing and instruction issues. We also assembled mitigation, including strong character letters from employers and community members. The administrative license case was dismissed, and we leveraged that and our discovery challenges in negotiations. The client received deferred probation.

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

After a late-night traffic stop for minor speeding, the client was ordered out of the vehicle and put through field sobriety tests almost immediately. He consented to a breath test at the station that read near the legal limit. We obtained the dash and body camera footage and the arrest paperwork, then challenged the basis for prolonging the stop and the manner the tests were administered. We also questioned the reliability of the breath result. While we protected his license rights with a timely hearing request, we pressed these defects with the prosecutor. The state dismissed the case.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law No. 1

Allegations

After a brief swerve on a dark road, another driver turned around and aggressively followed the client, making contact as both pulled into a lot. Officers arrived to accusations of intoxication and saw a liquor bottle. Field tests appeared poor, but the client reported hip injuries and prescription medication. The client refused a blood draw until a warrant issued. We documented the pursuer’s shifting story and the lack of front-end damage, challenged the reliability of the tests, and used those weaknesses to negotiate a reduced charge with credit for time served.

Charge

DWI with Child Passenger

Location

Montgomery County, 9th Judicial District Court

Allegations

Stopped near home after an officer claimed swerving and a wide turn, the client had young children in the vehicle. They declined breath testing, a warrant was obtained, and a blood sample was drawn later at a hospital. We secured dash and body camera footage, scrutinized the field sobriety instructions, and audited the blood draw paperwork for legal and scientific issues. Alongside, we compiled mitigation with treatment and meeting records. Leveraging those points, we negotiated a probationary resolution that kept the client out of jail.

Charge

DWI (BAC Over .15)

Location

Montgomery County, CCL4

Allegations

Police contacted the client at home after a 911 tip, with no traffic stop or firsthand view of driving. Field tests were done in a parking area, a portable breath test read high, no blood was drawn, and contact came well after the drive. We attacked the lack of any eyewitness behind the wheel, the delay before contact, and whether the breath request was truly voluntary, and demanded calibration records. We also set the license hearing to question the officer. Faced with these issues, the state dropped the .15 enhancement, reduced the charge, and the client resolved it for time served without probation.

Charge

DWI - First Offense

Location

Montgomery County, CCL5

Allegations

After a single vehicle crash, the client was arrested for DWI following field tests and a refusal of breath testing. Officers obtained a blood warrant, but the first draw at the jail failed and a second was taken hours later at a hospital. The on scene body camera was missing, and the report conflicted with what was said about the client’s performance on the tests. We challenged the reliability and timing of the blood evidence and highlighted gaps in the state’s proof. Facing those problems, the prosecution agreed to reduce the charge and accept a time served sentence.

Charge

DWI - Third Offense

Location

Montgomery County, 435th DC

Allegations

After a rear-end collision, the client was arrested for a third DWI. They admitted to drinking a few beers and performed roadside sobriety tests, then were taken to a hospital due to airbag deployment. No blood was drawn and no station breath test was administered. We secured discovery, scrutinized the roadside testing in light of the crash, and challenged how prior cases were being used for enhancement. Leveraging those issues, we negotiated straight probation and kept the client out of prison.

Charge

DWI - First Offense

Location

Montgomery County, CCL5

Allegations

Police were called after a resident reported an ATV near a retention area late at night. The client was stuck in mud when officers arrived, and after contact he declined field sobriety tests. He was transported and a blood sample was taken under a warrant. We gathered the bodycam, reports, and warrant materials, and highlighted that this was an off‑road ATV situation with no crash or injuries. After sustained negotiations with the prosecutor, we secured straight probation, keeping the client out of jail.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #5

Allegations

The client was stopped for a front-plate issue while driving home. Officers spotted open containers, conducted field sobriety tests, and the client declined a breath test but consented to blood. We pulled the dash and body cam, compared them against the reports, and pressed on the legality of the stop, the instructions and conditions of the tests, and the handling of the blood sample. We also documented the client's proactive classes. Using that leverage, we negotiated a reduction to a lesser offense with a sentence of time served.

Charge

DWI - Second Offense

Location

Montgomery County, CCL1

Allegations

After a late-night traffic stop for an alleged failure to signal, which later shifted to an illegal lane change, our client was arrested. They declined field sobriety tests and a breath test, and a warrant blood draw later reported a result over the legal limit. We secured and reviewed dash and body cam video showing a respectful demeanor, no obvious impairment, and an officer who threatened additional charges and pressured a passenger. We attacked probable cause for the arrest, the shifting basis for the stop, and the delay before the blood draw. Faced with these issues, the state agreed to reduce the charge and resolve it with time served, avoiding probation and additional jail.