DWI Lawyer In Conroe, TX
Montgomery County is a No Refusal county, so saying no to a breath test can lead to a judge-signed warrant and a blood draw. This page covers the Texas DWI law, the penalties, how a case is defended and how it moves through the county.
What Is DWI In Texas?
Texas Penal Code § 49.04 makes it a crime to operate a motor vehicle in a public place while intoxicated. Under § 49.01, intoxicated means a 0.08 alcohol concentration, or not having the normal use of mental or physical faculties. A first offense is a Class B misdemeanor, and the arrest also opens a separate license case with a 15 day deadline.
Source: Texas Penal Code Chapter 49, Intoxication and Alcoholic Beverage Offenses
Understanding Texas Law
How Does Texas Law Define DWI In Montgomery County?
A DWI charge here rests on Penal Code § 49.04, the same statute used in every Texas county. The state has to prove each of its elements beyond a reasonable doubt, and a gap in any one of them can change the case.
What is different locally is how the proof is gathered. The county runs a No Refusal program, which is TxDOT funded, run with the District Attorney's Office. A driver who refuses a breath test does not end the testing. The officer contacts an on-duty prosecutor who drafts a blood search warrant, an on-call judge reviews it for probable cause, and if signed, blood is drawn by a nurse over the driver's objection.
It is not a nightly program. Its published coverage is weekends, holidays and selected enforcement periods, publicized in advance. Multi agency DWI task forces run several times a year with seventeen or more participating agencies from Montgomery and Harris Counties.
Three elements, and the state carries all of them.
- The person operated a motor vehicle
- in a public place
- while intoxicated
Section 49.01 gives intoxicated two meanings. One is a blood, breath or urine alcohol concentration of 0.08 or more. The other is not having the normal use of mental or physical faculties because of alcohol, a drug, a controlled substance or a combination of them. The second meaning needs no number, which is how a case can be filed after a low result or a drug-only blood result.
The program extends to Lake Conroe, where it applies to Boating While Intoxicated. The boating while intoxicated page covers those cases, and the field sobriety and breath tests page covers the roadside evidence.
Penalties And Consequences
What Are The Penalties For DWI In Texas?
The level of a DWI depends on three things: the driver's record, the alcohol concentration and what happened on the road. Section 49.04 sets the base offense, § 49.09 raises it for prior convictions, and injury, death and child passenger cases have sections of their own. These are statutory limits, not predictions.
A Class A offense allows up to $4,000.
- First DWI
- Class B misdemeanor, 72 hours to 180 days in jail and a fine up to $2,000. See first DWI.
- Open container
- The minimum jail term rises from 72 hours to six days when an open container was in the vehicle. See open container.
- Result of 0.15 or higher
- Class A misdemeanor even on a first offense, up to one year in jail and a fine up to $4,000.
- Second DWI
- Class A misdemeanor, 30 days to one year in jail and a fine up to $4,000. See second DWI.
- Third DWI
- Third degree felony, two to ten years in prison and a fine up to $10,000. See third DWI.
- Passenger under 15
- State jail felony, 180 days to two years, even with no prior record. See DWI with a child passenger.
- Serious bodily injury
- Intoxication assault, a third degree felony at its base level.
- A death
- Intoxication manslaughter, a second degree felony, two to twenty years in prison.
- License after conviction
- A first conviction can bring a suspension of 90 days to one year under Transportation Code § 521.344.
The step from misdemeanor to felony changes the courtroom, the prosecutor's file, the bond and the range of punishment. The felony DWI page follows a case across that line.
Real Questions
What Do People Ask About DWI In Texas?
What happens if I refuse the breath test?
Is a blood warrant only possible on No Refusal weekends?
Can a prior DWI ever stop counting?
Can I be charged with DWI over prescription medication?
Will a DWI affect my job or professional license?
Possible Defenses
How Can A DWI Charge Be Defended?
A defense review starts with the file, not the number. An attorney reads the offense report, watches the video, checks the stop and the arrest, and compares each piece to what § 49.04 requires. No result can be promised.
The outcomes the system provides include dismissal, a reduction, a plea with community supervision or jail, and trial before a judge or jury. Which are open depends on the charge level, the record and the evidence.
A warrant is a document, and documents can be examined.
A blood result taken under a warrant still has to hold up. The challenge runs along three lines:
- The affidavit: whether the facts written in it establish probable cause
- The draw: who collected the blood, how, and whether protocol was followed
- The lab: storage, chain of custody and the analysis behind the number
Each charge level raises its own issues, and the DWI court process page walks through the criminal side stage by stage.
The Stop
Did the officer have a lawful reason to stop or detain the driver?
The Roadside Tests
Were the field sobriety tests given and scored as the training manual describes?
Operating The Vehicle
Can the state place the person behind the wheel of a moving or running vehicle?
The Warrant
Does the affidavit hold up, and was the blood drawn properly?
The Lab
Do the chain of custody and the analysis support the reported number?
The License Case
What should be raised at the ALR hearing, and by which date?
Local Process
What Happens After A DWI Arrest In Montgomery County?
The steps are the same across Texas. The jail, the courts and the prosecutors are the parts that belong to Montgomery County.
Booking And Magistrate
The person is booked and taken before a magistrate within 48 hours under Code of Criminal Procedure art. 15.17. The magistrate explains the charge and sets bond.
The License Notice
A notice of suspension starts the 15 day window to request an ALR hearing. The window runs from receiving the notice.
Charging
A misdemeanor is filed in the county courts. A felony goes to a grand jury for indictment.
Evidence And Resolution
The defense asks for the state's evidence, and the case moves toward dismissal, a plea or trial.
- Booking
- The Montgomery County Jail at 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office.
- Who arrests
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Misdemeanor court
- Filed in one of the Montgomery County Courts at Law and prosecuted by Montgomery County District Attorney's Office.
- Felony court
- Indicted by a grand jury and heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St. The Montgomery County District Attorney's Office prosecutes felonies from the same building.
- Crash cases
- The DA's Office runs a dedicated Vehicular Crimes Unit of prosecutors and investigators that responds directly to crash scenes and handles intoxication manslaughter, intoxication assault and fatal hit and run cases.
- Blood warrants
- The No Refusal program runs with the District Attorney's Office on a schedule publicized in advance.
- License case
- Heard by the State Office of Administrative Hearings, by telephone or videoconference.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After A DWI Arrest?
The first days matter because deadlines start on their own. These steps are general information, not advice for any one person.
Find The Notice Date
The 15 days run from receiving the notice of suspension, so note the date on it.
Keep Every Paper
Save the notice, the bond, the property receipt and any court notice.
Write Down The Night
Record the stop, the tests and what was said while memory is fresh.
Ask About The Blood Draw
If blood was taken, note who drew it and whether a warrant was shown.
Check Reporting Duties
Some jobs and licenses require a report soon after an arrest.
Stay Off Social Media
Posts about the night or the case can be used as evidence.
Talk to a lawyer before deciding what to do. Some people plead or let the license deadline pass because they assume nothing can be done, and neither choice can be undone. Mitchell Law Firm offers a confidential conversation about a DWI charge in Montgomery County, and calling early keeps more options open.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 49: DWI offense, definitions and enhancements
- Texas Penal Code Chapter 12: misdemeanor and felony punishment
- Texas Transportation Code Chapter 524: administrative license suspension and the ALR hearing
- Texas Transportation Code Chapter 724: implied consent and test refusals
- Texas Transportation Code Chapter 521: driver's license suspension after conviction
- Texas Code of Criminal Procedure Chapter 18: search warrants
- Texas Code of Criminal Procedure Chapter 15: arrest and magistrate warning
- Texas Department of Public Safety: Administrative License Revocation program
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
DWI Charges
DWI Charges We Handle In Conroe
First, Repeat And Felony DWI
Priors never expire in Texas, and a second or third charge moves the case into a different range entirely.
Drug And Substance DWI
You do not need alcohol to be charged. Prescriptions and legal hemp products lead to DWI arrests in Montgomery County.
The Driver And The Vehicle
Age, license type, home state, and what was being operated all change where the same stop leads.
Your License And The Process
The evidence, the deadlines, and what a conviction reaches beyond the courtroom.
Health Care Licenses
Boards that license patient care run their own review of an alcohol arrest, separate from the court.
Other Professional Licenses
Law, finance, aviation, teaching, real estate, and security work each answer to their own board or agency.
Common Questions
DWI Questions People In Conroe Ask
What is the No Refusal program in Conroe, TX?
It is a TxDOT funded program run with the Montgomery County District Attorney's Office. When a driver refuses a breath test, the officer contacts an on-duty prosecutor, who drafts a blood search warrant. An on-call judge reviews it for probable cause, and if the judge signs, a nurse draws the blood. It is publicized in advance for weekends, holidays and selected enforcement periods, and it reaches Lake Conroe for boating cases.
Which court hears a DWI case in Conroe, TX?
The level of the charge decides it. A first or second DWI is a misdemeanor filed in one of the Montgomery County Courts at Law. A felony DWI, such as a third offense or intoxication assault, is indicted by a grand jury and heard in the district courts at the Montgomery County Criminal Justice Center, 207 W Phillips St. The two levels sit in different buildings, so the notice for each setting should be checked.
How is a DWI graded in Montgomery County?
Grading comes from the Penal Code, so it is the same in every Texas county. A first offense is a Class B misdemeanor, or Class A with a result of 0.15 or more. One prior conviction makes it Class A. Two priors make it a third degree felony. A passenger under 15 makes it a state jail felony, serious bodily injury makes it intoxication assault, and a death makes it intoxication manslaughter.
How soon does a DWI arrest in Conroe affect my license?
The license case runs apart from the criminal case. After an arrest the driver receives a notice of suspension, and a hearing before the State Office of Administrative Hearings has to be requested within 15 days after receiving it. If no request is made, the suspension takes effect on the 40th day after the notice, whatever is happening in the criminal case.
Where is someone taken after a DWI arrest in Montgomery County?
Arrests by every agency in the county are booked into the Montgomery County Jail at 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office. The arresting agency may be the Conroe Police Department, the Sheriff's Office, DPS, a constable precinct or a city department such as Willis or Shenandoah. A magistrate then explains the charge and sets bond.
Can an old DWI be used against me in Conroe, TX?
Texas has no lookback period for DWI. Under Penal Code § 49.09, a prior DWI conviction from any year can raise a new charge to a Class A misdemeanor, and two priors can make it a felony. A dismissal or an acquittal leaves no prior behind, so the result of an early case can matter for years.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
A DWI arrest starts a license deadline and a criminal case on the same day. Call or request a consultation while both are still open.
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