DWI: What Helps/Hurts

DWI in Montgomery County: 15 Things That Help—or Hurt—Your Case

From the traffic stop to blood results, details matter.

What Can Help

  • Dash/body cam gaps or errors that undermine the reason for the stop.
  • Improper field sobriety instructions or unsafe conditions (rain, gravel, injuries).
  • Instrument compliance: Was the breath device certified and maintained?
  • Blood draw chain of custody and storage temperatures properly documented?
  • Medical issues (GERD, inner-ear, neuropathy) that mimic intoxication clues.

What Can Hurt

  • Incriminating statements during the stop or in transport.
  • Refusal patterns that the State may argue show consciousness of guilt.
  • Accidents or injuries—especially with elevated BAC allegations.
  • Open container evidence inside the vehicle.
  • Prior alcohol-related history (when admissible).

Local Tip

Request and review every video, maintenance log, and medical context before any decision. Discovery drives results.

Disclaimer: Informational only, focused on Montgomery County and Texas law. Not legal advice.

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Mapp v. Ohio (1961)

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