Vehicular Crimes Team

Brian Foley investigating a vehicular crimes scene in Montgomery County, Texas — Brian FoleyOn Scene · Vehicular Crimes Team

When Brian was a prosecutor in Montgomery County, he was selected to be a member of the vehicular crimes team. Team members were dispatched to the scene of intoxication offenses involving serious bodily injury or death — the most serious driving cases the county handles. Brian got hands-on experience from the very beginning of the police investigation all the way through prosecution, and that firsthand training can make the difference in your case.

The Stakes Are Higher Than a Standard DWI

Not every driving case is the same. A standard DWI is serious, but when a crash involves injury or death the charges escalate dramatically. Intoxication Assault — an intoxication offense that causes serious bodily injury — is a third-degree felony. Intoxication Manslaughter is a second-degree felony carrying years in prison. These cases are investigated more aggressively, prosecuted more seriously, and demand a defense lawyer who has actually worked them from the inside.

He Knows How Blood Evidence Is Tested

Brian has helped train personnel at the crime lab that handles blood testing in this area. In an intoxication case, that blood or breath result is often the centerpiece of the State's evidence — and it is far from infallible. The stop, the arrest, the blood draw, the storage of the sample, the calibration of the instrument, and the chain of custody all have to be handled correctly. Brian understands where those procedures can break down, and he knows how a jury actually weighs the evidence and the defenses available at a criminal trial.

From the Crash Scene to the Courtroom

Because Brian responded to these scenes as a prosecutor, he understands how the evidence is collected in the critical first hours — the accident reconstruction, the officer's observations, the witness statements, and the forensic testing. He knows how the State assembles all of it into a case, which means he knows where it is vulnerable. That is the perspective he now brings to your defense.

Brian is Board Certified in Criminal Law and holds top ratings from Avvo and Justia in Montgomery and Harris County.

Don't wait to get started — get the help you deserve. Contact Brian Foley Law PLLC today for a free, confidential consultation.

Frequently Asked Questions

What kinds of cases does the Vehicular Crimes Team handle?

The vehicular crimes team responds to the most serious intoxication driving offenses — crashes involving serious bodily injury or death. These become charges like Intoxication Assault and Intoxication Manslaughter, which are felonies with far higher stakes than a standard DWI. As a former team member, Brian worked these cases from the scene forward, so he understands exactly how the State builds them.

Why does Brian's lab training matter to my case?

In an intoxication case the blood or breath result is often the heart of the State's evidence. Brian has helped train personnel at the crime lab that handles this testing, so he understands the protocols that must be followed, the ways those results can be wrong, and the questions that expose a flawed test. That inside knowledge is where a strong intoxication defense begins.

Can blood or breath test results actually be challenged?

Yes. Blood and breath evidence is not automatically reliable. The traffic stop, the arrest, the way the sample was drawn and stored, the calibration of the instrument, and the chain of custody all have to be done correctly. A single documented error in that process can call the entire result into question — and Brian knows precisely where to look.

What is the difference between a DWI and Intoxication Assault or Manslaughter?

A standard DWI is charged when someone drives while intoxicated. When that driving causes serious bodily injury, it can become Intoxication Assault, a third-degree felony. When it causes death, it can become Intoxication Manslaughter, a second-degree felony. These carry prison exposure and lifelong consequences, which is why experienced, specialized representation is critical.

How does Brian's prosecutor experience help my vehicular case?

Brian was selected to the Montgomery County vehicular crimes team as a prosecutor and got hands-on experience from the beginning of the investigation through trial. He knows how officers gather evidence at a crash scene, how the State presents it to a jury, and which defenses actually work. He now uses all of that, entirely on your side.

Vehicular Crimes Team