First-Time DWI in Montgomery County: What Actually Happens & What You Can Do About It
First-Time DWI in Montgomery County: What Actually Happens & What You Can Do About It
No one plans a DWI arrest — but a strong defense can protect your freedom, license, and future.
What Is a First-Time DWI Charge?
A first-time DWI in Texas is typically a Class B misdemeanor with a possible jail range of 3–180 days and a fine of up to $2,000. The court may also impose:
- Driver’s license suspension
- Ignition interlock requirements
- Mandatory alcohol education
- Probation for up to two years
- Community service
If the BAC is alleged at .15 or above, the charge becomes a Class A misdemeanor — more serious penalties and stronger prosecutor focus.
Montgomery County Takes DWIs Seriously
Roadways like I-45, Loop 336, and FM 1488 are heavily patrolled. Prosecutors often assume guilt — meaning your defense must be strategic and relentless.
License Trouble Happens Fast
There are two cases happening at once:
- Your criminal case in Montgomery County
- Your civil ALR case with DPS (license suspension)
You have only 15 days after arrest to request the ALR hearing and save your license — many people lose by missing the deadline.
What a “First-Time Offense” Does Not Mean
It does not mean automatic leniency or dismissal. The State still wants a conviction. We must confront:
- The reason for the traffic stop (reasonable suspicion)
- Whether probable cause existed for arrest
- Breath/blood evidence reliability
- Field sobriety test errors
- Video inconsistencies
If one link in the chain of evidence breaks — the case can collapse.
How First-Time Cases Can Still Be Resolved Favorably
- Dismissal (best-case outcome)
- Reduction to Obstruction or Reckless Driving
- Deferred adjudication — avoids conviction if completed successfully
- DWI Pretrial Intervention if criteria met
When a case is dismissed, you may qualify for an expunction — removing the arrest from background checks permanently.
What to Do Immediately After Release
- Contact a lawyer — avoid speaking about the facts to anyone else
- Gather any receipt or bond paperwork
- Write down everything you remember
- Check the date of your first court setting
Every detail matters because cases unfold over months — and memories fade quickly.
Take Control of Your Future Today
You only get one “first-time” case. Let’s make it count.
Call now: (936) 777-4891
FAQ
Q: Will I go to jail for a first-time DWI?
Not necessarily. Many clients avoid jail through defense strategy or negotiated terms.
Q: Can I get my case dismissed?
Yes — especially if we expose weak evidence like improper testing or unlawful stops.
Q: How long will my case take?
Typically 6–12 months. Speed is not your friend — preparation is.
Q: Should I blow into a machine next time?
Every case is different — talk to your attorney before making decisions.