PRACTICE AREAS
DWI Lawyer in Montgomery County
A DWI arrest in Texas triggers two separate processes: the criminal case in court, and an Administrative License Revocation (ALR) process that can suspend your driving privileges. The window to request an ALR hearing is short — typically 15 days from the date you received notice. The Law Office of Timothy Rose represents people charged with DWI and DUI in Conroe and across Montgomery County.
What to Do After a DWI Arrest in Montgomery County
The decisions made in the first 24 to 48 hours after a DWI arrest can affect your case. Here is what to prioritize.
Request an ALR hearing within 15 days of receiving notice. Missing this deadline typically results in automatic license suspension.
Do not discuss the facts of your case with anyone other than your attorney. Do not post about it on social media.
Write down everything you remember about the stop, the tests, and what was said — while it is fresh.
Contact a DWI lawyer as soon as possible. Early involvement gives your attorney more tools to work with.
Bring your arrest paperwork, bond conditions, and any court date information to your consultation.
DWI vs DUI in Texas:
What Is the Difference?
In Texas, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are distinct charges. Understanding which applies to your situation matters.
DWI (Driving While Intoxicated):
Applies to adults. A person is legally intoxicated in Texas when their blood alcohol concentration (BAC) is 0.08 or higher, or when alcohol or drugs have impaired their normal use of mental or physical faculties. DWI is the more serious and more commonly charged offense.
DUI (Driving Under the Influence):
In Texas, DUI specifically applies to minors (under 21) who have any detectable amount of alcohol in their system while driving. It does not require proof of impairment — any amount triggers the charge.
Felony DWI
A third DWI offense, or a DWI involving a child passenger or serious bodily injury, can be charged as a felony. Felony DWI carries significantly more serious consequences including state prison time.
DWI Penalties in Texas: What You Could Face
Penalties for DWI in Texas depend on the number of prior offenses, the circumstances of the arrest, and any aggravating factors. Below is a general overview. Every case is different.
First Offense DWI
- Class B misdemeanor (standard)
- Fine up to $2,000 (plus court costs and surcharges)
- 72 hours to 180 days in jail
- License suspension up to 1 year
- Annual surcharge of $1,000 to $2,000 for 3 years to retain driver's license
Second Offense DWI
- Class A misdemeanor
- Fine up to $4,000
- 30 days to 1 year in jail
- License suspension up to 2 years
Third Offense or Felony DWI
- Third-degree felony
- Fine up to $10,000
- 2 to 10 years in state prison
- License suspension up to 2 years
DWI with a Child Passenger (Under 15)
- State jail felony regardless of prior history
- 180 days to 2 years in state jail
- Fine up to $10,000
Additional consequences can include ignition interlock device requirements, community service, DWI education programs, and a permanent criminal record.
How a DWI Case Typically Moves Through Montgomery County Courts
A DWI case in Montgomery County generally follows this sequence. Timelines vary depending on the court's docket and whether the case proceeds to trial.
Arrest and booking
You are taken to Montgomery County Jail, booked, and a bond is set. You may be released the same day if bond is posted.
ALR process
Separately from the criminal case, TxDPS initiates an administrative process to suspend your license. You must request a hearing within 15 days to contest this.
Arraignment
Your first court appearance. You are formally informed of the charges. This is not the time the case is resolved.
Discovery and case review
Your attorney requests evidence, including the police report, dashcam or bodycam footage, breath or blood test records, and field sobriety test documentation.
Pretrial motions
our attorney may file motions to challenge the stop, the test results, or other aspects of the evidence. Some issues can result in suppression of evidence.
Plea negotiation or trial
Many cases are resolved through negotiation. If a fair resolution is not available, the case proceeds to trial. Your attorney will advise you on which path makes sense given the evidence.