top of page

DWI Defense

The Letter Of The Law

In Texas a driving while intoxicated charge is a criminal offense brought on by the operation of a motor vehicle while above the legal limit of intoxication, (drunk driving laws in Texas can be found in Texas Penal Code, Title 10, Chapter 49. Under Texas Penal Code Section 49.01 (2).)  Just because you aren't drunk doesn't mean that you are not intoxicated according to Texas law.  In Texas the legal limit is at or above .08% BAC-blood alcohol content, those with commercial driver's license have a limit of .04%.  For a first time DWI offense one can  face:

  • A minimum of 3 days in jail and a maximum of 180 days in jail

  • A fine of up to $2,000

  • Suspension of your driver’s license for 90 days to 1 year

  • Annual surcharge fee of $1,000 for 3 years to retain your driver’s license

Defense Against A DWI Charge

Each DWI case has a unique set of circumstances involved.  It is important to hire a skilled attorney, like Attorney Montgomery, who knows the steps to take in order to secure you the best possible outcome.  Each charge has a different possible defense, but some of the most common defenses against a DWI in Texas include:

  • There was no probable cause to stop your vehicle and thus evidence obtained during the stop should not be admitted at trial.

  • Your constitutional rights were violated such as the officer not providing a Miranda warning at the time of the arrest.

  • The field sobriety, Breathalyzer, or blood test was improperly administered.

  • Challenging the accuracy of the results from the blood or breath test.

  • Chain of custody of the tests was compromised or mishandled.

Time Is Of The Essence

When an individual receives their first DWI it is imperative to act quickly in hiring an attorney.  The window for removing your first DWI charge from your record is less than 90 days after the charge is filed.  Most DWI offenders will have their license suspended after being arrested for a DWI.  In order to have a valid license, an experienced attorney, who knows the procedures to file for a occupational license, is a must.  Attorney Montgomery has handled many DWI cases and helps all clients through the entire process.  Don't go into your first DWI blindly and afraid, contact John T. Montgomery: Attorney At Law today.  We take pride in protecting first time DWI offender's rights and liberties. 

bottom of page