A typical DWI case begins with a traffic stop—often for something minor like swerving, speeding, or even a broken taillight. Once pulled over, the officer may:

• Ask if you’ve been drinking
• Request that you perform field sobriety tests
• Administer a breathalyzer test or obtain a blood sample
• Place you under arrest if they believe you are intoxicated

You will then face two separate processes:

1. The ALR proceeding, a civil hearing about your license.
2. The criminal DWI case, which determines guilt and penalties.

Each process requires a strong legal strategy.

Fighting Back: Strategic DWI Defense Tactics

Our Montgomery County DWI attorneys explore every angle of your case, including:

1. Illegal Traffic Stop

Did the officer have reasonable suspicion to initiate the stop? Merely leaving a bar or driving late at night is not enough. We review dashcam footage, officer reports, and witness statements to determine if the stop was valid.

2. Probable Cause for Arrest

The officer must have probable cause to arrest you. We evaluate whether slurred speech, red eyes, or the smell of alcohol truly established that—or whether they jumped to conclusions.

3. Faulty Field Sobriety Tests

Field sobriety tests (like walking in a straight line) are subjective and often administered incorrectly. If you’re overweight, injured, elderly, or simply nervous, you might “fail” a test without being intoxicated.

4. Breath and Blood Test Inaccuracies

Testing errors are more common than people realize. Our team investigates:

• Whether the breathalyzer was properly calibrated and maintained
• If the officer was certified to operate it
• If the blood sample was stored and transported correctly
• Whether the chain of custody was properly documented

Even small errors can cast doubt on the validity of the results.

5. External Factors That Skew BAC Readings

Did you eat bread or dessert before driving? Use mouthwash? Take cough syrup? These factors can produce false-positive BAC readings. We examine everything, down to your last meal.

DWI Penalties in Texas

Texas imposes severe penalties for DWI—even for first-time offenders. Here’s what’s at stake:

First Offense (Class B Misdemeanor)

• Up to $2,000 fine
• Up to 180 days in jail
• License suspension up to 1 year
• Annual surcharge of $1,000–$2,000 for 3 years

Second Offense (Class A Misdemeanor)

• Up to $4,000 fine
• Up to 1 year in jail
• License suspension up to 2 years
• Annual surcharge up to $2,000

Third Offense (Third-Degree Felony)

• $10,000 fine
• 2–10 years in prison
• License suspension
• Permanent felony record

Other enhancements include:

• DWI with a child passenger (automatic felony)
• BAC of 0.15% or more (upgraded to Class A misdemeanor)
• Refusal to take a chemical test (license consequences)

Deferred adjudication is currently not available for standard DWI charges. However, probation may be available, which includes conditions such as mandatory counseling, community service, ignition interlock installation, and no further violations.

The ALR Hearing: Fighting for Your License

The Administrative License Revocation (ALR) process is separate from the criminal case—but no less important. It determines whether your license will be suspended while your case is pending.

Key Points:

• You have 15 days after your arrest to request a hearing.
• The ALR hearing reviews reasonable suspicion and probable cause only.
• Winning the ALR hearing can help your criminal case.

We represent clients at ALR hearings to protect their driving privileges and gather critical evidence for their defense.

How a Montgomery County DWI Attorney Can Help

At Griffin, Cain & Herbig, we do more than review police reports. We take a strategic, evidence-based approach that includes:

• Collecting and reviewing video footage from police dashcams and bodycams
• Subpoenaing maintenance logs for breathalyzer devices
• Consulting with toxicology experts
• Challenging the chain of custody for blood samples
• Negotiating plea bargains or advocating for dismissal or reduction

We know how the local prosecutors think, what the judges expect, and how to give you the best possible chance for success.

What’s at Stake Beyond the Courtroom

A DWI conviction can impact more than your criminal record. It can affect:

• Employment opportunities
• College admissions and scholarships
• Professional licenses (nurses, teachers, real estate agents, etc.)
• Auto insurance rates
• Personal reputation

Our job is to protect you not just from jail time—but from these long-term consequences.