Brian Foley is a Criminal Defense Attorney representing clients from The Woodlands, Conroe, Houston, and the surrounding area.  Brian has handled the cases of individuals facing DWI and Unlawful Carrying of a Weapons charges in Houston and Montgomery County.

​

I have a license to carry a firearm but was still charged with UCW? 

DWI charges that are accompanied by unlawful carrying of a weapon or DWI and UCW are common offenses even for people who have a license to carry a firearm.  This is because § 46.02 of the Texas Penal Code makes it illegal for a person to intentionally, knowingly or recklessly carry on or about his or her persona a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time in which the person is engaged in criminal activity, other than a Class C Misdemeanor that is a violation of a law or ordinance regulating traffic or boating. So that means that even if you are allowed to carry a firearm in a motor vehicle or elsewhere under normal circumstances, when you are alleged to have been intoxicated while operating a motor vehicle the State is going to charge this as “engaging in criminal activity other than a Class C . . . .”

 

How can I be assumed guilty of DWI before I've  fight a blood test?

​Prosecutors, judges, and police operate on an initial burden of probable cause.  While every person is entitled to the presumption of innocence until they are proved guilty beyond a reasonable doubt at trial, a judge may still authorize your arrest and impose conditions of bond upon a finding of probable cause.  Probable cause exists if “the facts and circumstances within the arresting officer’s knowledge, and of which he has reasonably trustworthy information, are sufficient to warrant a prudent man in believing that the person arrested had committed or was committing an offense.” Amador v. State, 275 S.W.3d 872, 878 (Tex. Crim. App. 2009).

​

Sentimental Firearms

Some clients have had sentimental firearms confiscated that they desperately need back because they were inherited or used by a family member during a world war or other conflict.  These types of firearms should stay in the home but for one reason or another were confiscated by police during a DWI.  Understanding the evidence collection and retrieval process and how prosecutors think about gun charges accompanying DWI can make the difference between losing a family heirloom or not.  ​​

​

How do you beat a DWI with a Blood test?

Beating a DWI with a blood test requires the assistance of a lawyer who is skilled in trial strategies and negotiation with prosecutors for the State of Texas.  The first step of the process is to attack the initial reason for the traffic stop in your case.  Perhaps the officer's body camera or dash camera shows evidence that is different from what is written in his report?  Having a lawyer that can carefully go over all the evidence in your case is essential.  There are many steps that the State of Texas must go through in order to obtain a conviction in a DWI case, even one with blood evidence.  Your lawyer can help you object at each phase of the process and expose the problems that may have occurred in the collection and testing of your blood sample.  There are even cases where a client's blood turns green during the process of storage at a DPS facility.  DPS lab analysts don't throw out samples when they turn green.  They issue lab reports anyway and have testified in court that this procedure is totally acceptable.  

​

What is the punishment for a DWI with a Blood test?

A DWI with a blood test and a result that is between 0.08 and 0.14999 is a Class B Misdemeanor and carries a maximum punishment of 180 days in jail and a $2,000 fine. 

​

If the Blood result shows to be equal or greater than 0.15 it is punishable as a Class A misdemeanors with a maximum punishment of 365 days in jail and a $4,000 fine. 

​

A State Traffic fine could also be issued in the amount of $3,000 for first time DWI offenders and $6,000 if the test result was 0.15 or more.

​

A UCW is generally a Class B misdemeanor with the same maxumum of 180 days in jail and a $2,000 fine.