DWI/DUI Case Results in Montgomery, TX

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, 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 - 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 - 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.

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

After a low-speed collision, police responded and began a DWI investigation. Officers documented mixed observations, with only faint or no odor of alcohol noted. The client completed roadside tests in poor conditions and later had blood drawn after a warrant was issued. We reviewed bodycam, 911 audio, and lab records, emphasizing problems with the field tests, the inadmissible portable breath reading, and the timing of consumption supporting a rising BAC. We leveraged these weaknesses to secure a reduction with time served.

Charge

DWI - First Offense

Location

Montgomery County, CCL5

Allegations

Our client was stopped after a citizen report of erratic driving. The officer found an open container, no roadside tests were conducted, and a blood draw was taken later under a warrant. We pulled the 911 audio, dash and body cam video, and the warrant packet, then scrutinized whether the stop was independently supported and whether the delayed blood sample was properly handled. We pressed the state on those issues and the chain of custody. The state agreed to reduce the charge, and the court imposed a sentence of time served.

Charge

DWI - Second Offense

Location

Montgomery County, CCL5

Allegations

Police responded to reports of gunfire in a secluded area and found our client seated in a parked vehicle beyond a barricade. The car was not running, and he cooperated, acknowledging a firearm was inside. He declined field sobriety tests, and a blood sample was obtained later under a warrant after a delay. With an old out-of-state DUI, prosecutors filed a second-offense DWI. We challenged proof of operation and the timing of the blood draw, and the State reduced the DWI, resolving the case with time served.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #4

Allegations

The client was stopped after slowing at an intersection and making a wide right turn, then arrested for DWI. He admitted to a single drink at a bar, performed field tests, and blew a high score on a roadside device seconds after removing oral tobacco. We obtained the videos and lab records, challenged the thin basis for the stop, and highlighted reliability issues with the breath test while scrutinizing the blood draw. Diversion was denied due to the reported BAC, so we pressed negotiations and secured deferred probation, avoiding a conviction and setting the case up for dismissal upon completion.

Charge

DWI - Second Offense

Location

Montgomery County, County Court at Law #4

Allegations

After leaving a residence following an argument, the client had drinks and was later stopped for rolling past the stop line, with an officer also claiming a curb strike. The client provided two breath samples around .26. We obtained patrol videos, noted the arresting officer was being coached during field tests, and raised concerns about missing media from the client’s dashcam and the vehicle inventory. Leveraging these credibility and procedure issues, we pressed negotiations and the charge was reduced, resulting in straight probation.