Montgomery County DWI Attorney: Understanding Intoxication Under Texas Law
If you have been arrested for DWI in Montgomery County, Texas, you need an experienced attorney who understands the law, the courts, and the local law enforcement agencies involved in these cases. Texas has strict DWI laws under Chapter 49 of the Texas Penal Code, which defines intoxication and outlines the legal thresholds that can lead to an arrest and conviction. Understanding these laws is critical when building a defense.
What Is Considered Intoxication Under Texas Law?
Under Texas Penal Code § 49.01(2), a person is legally intoxicated if they meet any one of the following criteria:
Loss of normal use of mental faculties due to alcohol, drugs, or a combination of substances.
Loss of normal use of physical faculties due to alcohol, drugs, or a combination of substances.
Having a blood alcohol concentration (BAC) of 0.08 or higher at the time of operating a motor vehicle.
Each of these standards provides law enforcement officers with different ways to establish probable cause and make an arrest for DWI.
Loss of Normal Use of Mental Faculties
Alcohol and drugs can impair judgment, reasoning, concentration, and decision-making. If an officer believes a driver is confused, unable to follow instructions, or struggling with basic cognitive tasks, they may claim the driver has lost the normal use of their mental faculties. This can be demonstrated through field sobriety tests and officer observations.
Loss of Normal Use of Physical Faculties
Intoxication can also affect a person’s coordination, balance, and motor skills. If a driver is stumbling, has slurred speech, or cannot perform physical tasks as expected, an officer may argue that they have lost the normal use of their physical faculties. Field sobriety tests, such as the walk-and-turn or one-leg stand, are commonly used to assess this type of impairment.
Blood Alcohol Concentration (BAC) of 0.08 or Higher
Texas law sets a legal limit for blood and breath alcohol concentration at 0.08%. Even if a person does not appear impaired, they can still be charged with DWI if a chemical test shows a BAC at or above this threshold. Breath and blood tests are commonly administered after an arrest, though they are not always reliable and can be challenged in court.
Montgomery County Law Enforcement Agencies Handling DWI Arrests
If you are arrested for DWI in Montgomery County, the agency handling your case will depend on the location of the stop. Here are some of the primary law enforcement agencies involved in DWI enforcement:
Montgomery County Sheriff’s Office – https://www.mctxsheriff.org
Conroe Police Department – https://www.cityofconroe.org/departments/police
The Woodlands Township Patrol – https://www.thewoodlandstownship-tx.gov
Montgomery Police Department – https://www.montgomerytexas.gov/police
Magnolia Police Department – https://www.cityofmagnolia.com/departments/police_department
Shenandoah Police Department – https://www.shenandoahtx.us/188/Police-Department
Oak Ridge North Police Department – https://www.oakridgenorth.com/183/Police
Splendora Police Department – https://www.cityofsplendora.org/police-department
After an arrest, a DWI suspect may be booked at the Montgomery County Jail and will need to go through the legal process, which may include bail, court appearances, and potential license suspension proceedings with the Texas Department of Public Safety.
Defending Against a DWI Charge in Montgomery County
Being charged with DWI does not automatically mean a conviction. There are numerous defenses that a skilled Montgomery County DWI attorney can use to challenge the charges, including:
Unreliable field sobriety tests – These tests are subjective and depend on an officer’s judgment.
Faulty breath or blood test results – Issues with maintenance, calibration, or improper procedures can impact accuracy.
Lack of reasonable suspicion for a traffic stop – If the stop was unlawful, the case could be dismissed.
Medical conditions or alternative explanations – Certain medical conditions can mimic signs of intoxication.
Get Legal Help for Your Montgomery County DWI Case
A DWI conviction can lead to serious consequences, including jail time, fines, license suspension, and long-term damage to your reputation. If you or a loved one has been charged with DWI in Montgomery County, you need an attorney who understands local law enforcement tactics and how to challenge their evidence.
Don’t face these charges alone. Contact a Montgomery County DWI attorney today for a consultation and to discuss your best defense strategies.
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