What Happens After a DWI Arrest in Montgomery County, Texas (Timeline)
What Happens After a DWI Arrest in Montgomery County, Texas: A Real Timeline
From the roadside stop in The Woodlands to the courtroom in Conroe — here’s exactly what you can expect.
1️⃣ The Traffic Stop
DWI arrests in Montgomery County typically begin with a traffic stop based on alleged “reasonable suspicion.” Under Texas law, officers must be able to articulate a lawful basis for pulling you over — weaving, speeding, headlights off, or a wide turn into the wrong lane. Without a valid reason, the stop can be challenged through a motion to suppress.
Local agencies who frequently initiate stops include Montgomery County Sheriff’s Office, Conroe PD, Shenandoah PD, and DPS Troopers along I-45.
2️⃣ Field Sobriety Testing
Most officers will ask you to perform standardized field sobriety tests (SFSTs): Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. These must be administered under NHTSA guidelines. In practice, many videos show mistakes — bad instructions, uneven pavement, flashing lights, medical issues ignored — which can become powerful defense attacks.
3️⃣ Arrest & Chemical Testing
If the officer claims probable cause exists, they arrest and request a breath or blood test under Texas Transportation Code §724.011. In Montgomery County, refusals routinely lead to search warrants for forced blood draws — especially during “No Refusal Weekends” around The Woodlands and Conroe.
Key defense issue: Whether the warrant was lawfully obtained and whether lab handling/chain of custody was clean.
4️⃣ Booking at Montgomery County Jail
After arrest, you are transported to the jail located at 1 Criminal Justice Drive in Conroe. Property is collected, fingerprints taken, and you typically wait for a magistrate judge to set bond. Many DWI defendants are released the next morning.
5️⃣ Administrative License Revocation (ALR)
This is a separate civil process. You have only 15 days from the arrest date to request a hearing or your license will be suspended automatically.
An ALR hearing lets your lawyer challenge the stop, arrest, and testing — often gaining early discovery that helps the criminal case.
6️⃣ Arraignment in County Court at Law
Your first court appearance is usually in County Court at Law #3, #4, or #5 if the case is a misdemeanor. You’ll be advised of the charge and set a “Not Guilty” plea to begin defense work.
Tip: Dress respectfully. Say nothing about the facts.
7️⃣ Discovery & Defense Strategy
The most important work happens here:
- Bodycam & dashcam review
- 911 and dispatch logs
- Breath machine maintenance records
- Lab analyst cross-examination
- Medical conditions affecting SFST performance
- Officer training history
Weaknesses in the State’s case often emerge months later — cases do not resolve at arraignment.
8️⃣ Negotiation vs. Trial
Montgomery County prosecutors can be aggressive — especially in repeat or accident cases — but strong defenses can produce:
- Case dismissals
- Reduced charges
- No jail negotiated outcomes
- Deferred adjudication (no conviction)
When necessary, we prepare for trial — where the State must convince all 6 jurors beyond a reasonable doubt.
9️⃣ Clearing the Record
If charges are dismissed or you’re acquitted, you may qualify for an expunction — sealing the arrest from background checks permanently.
If You Were Arrested for DWI — Take Action Now
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Call the Law Office of Timothy Rose, PLLC: (936) 777-4891