A DWI penalty or worse multiple offenses, can not only jeopardize your driving privileges but can leave you with heavy fines, court costs, and possible jail time. This can affect your personal and professional life, which is why you need to know about the possible DWI penalties you could face in Montgomery and most of Texas.

If it’s your first time being charged and arrested with a DWI, your penalties will likely be less severe than someone who is charged with multiple DWIs. But keep in mind, the penalties for a first time DWI conviction can still be steep.

First offense penalties for a DWI with less than a 0.15 blood alcohol concentration (BAC) includes possible fines of around $2,000 and or a jail sentence of anywhere between three and 180 days, plus a license suspension of 90 to 180 days (Class B Misdemeanor).

If the BAC is greater than 0.15, then there’s a chance of a fine increase of $4,000, and jail for up to a year (Class A misdemeanor). If you are a first-time offender with a BAC of 0.08 to .14, then you could apply for a “non-disclosure” two years after your probation ends.

You will likely need to install in ignition interlock device to your car, that must stay on for six months. A non-disclosure restricts who can see your criminal record. You will have to ask your attorney about this option. You will also be responsible for the costs of renting and/or maintaining the interlock device.

Under Texas law, if you are convicted on a first time DWI offense, you can get fined up to $2,000, spend three days to six months in jail, and or perform 24 to 100 hour of community service.

You may have specific directions from the Community Service Department if special circumstances need to be addressed in your case. For example, if you have a history of alcoholism, you might be directed for an intervention or a Victim Impact Panel.

The Administrative License Revocation (ALR) Program could also suspend your license for 90 days to a year. If you can’t go without a license for that long, due to work or other reasons, you want to consider hiring an experienced DWI lawyer to advocate for you.

Second Offense Penalties

Second offense penalties for DWI substantially increase over a first offense. A second offense will typically mean a fine can increase to $4,000 and or jail time for 30 days to a year. It is also likely that your driver’s license will get suspended from 180 days to 2 years (Class A Misdemeanor).

As a second-time offender, you can face similar penalties as first-time offenders, just with enhanced conditions. Second-time offenders are almost always required to install an ignition interlock device on cars, which prevents driving unless there is a breathalyzer test. Once again, you will pay for the maintenance of this device on your car. These costs are above and beyond the fines and penalties for the offense.

Second-time offenders can also get assigned 80 to 200 hours of community service. The ALR program tends to suspend a second-time offender’s driver’s license for anywhere from 180 days to two years.

Third Offense Penalties

A third-time DWI offense consists of an aggravated DWI charge. This means that the charges from your misdemeanor are raised to a felony. If you have an aggravated DWI, you can face up to $10,000 in fines, two to ten years in a state penitentiary, 160 to 600 hours of community service, 180 days to two years of a suspended license (third-degree felony), and the installation of an interlock device on your car.

Be aware that imprisonment is in a dreaded state-run penal institution instead of a county-run jail. If you have a felony conviction you are also disqualified from voting and owning a firearm in the future. Even with the new gun laws recently passed in Texas, felons are still forbidden from owning or possessing a firearm.

Additional circumstances that impact penalties in Texas

Be aware that there are additional penalties that can make your offenses worse. Things like a record of alcohol problems, driving with an open container, and an accident where someone was injured or killed.

These conditions when added to a sentence are meant to address the offenders issues a restorative way. If it’s a case of intoxication assault or manslaughter, then these penalties are meant to increase fines, jail time, and community service.

An Open Alcohol Container

If you are pulled over with an open alcohol container, then your minimum jail time penalty can increase to six days.

Intoxication Assault

This is when an accident happened with serious bodily injuries because of intoxication. When convicted, the DWI penalties will be more severe. You can get sentenced to a minimum of two years, and up to a maximum of ten years in prison.

If you get a probated sentence, then you will serve a 30-day minimum jail sentence. You can also get fined up to $10,000 which is a third-degree felony if the car was driven in a way that made it a deadly weapon.

If this happens, then there is an additional penalty that prevents good time credit, which allows an early release once half the sentence is completed, from happening.

Intoxication Manslaughter

This is a DWI where the death happened in an accident due to intoxicated driving. When convicted you would have to pay a minimum fine of $10,000 and or jail time for two to twenty years as this is a second-degree felony.

In cases where probation is granted, you must serve a 120-day jail sentence. If the car was driven in a way that makes it a deadly weapon, then there is an additional penalty that prevents good time credit for an early release.

DWI With A Child Passenger

This is a case where a person has DWI and there is another person in the car who is under the age of 15. You can get punished by confinement in the state jail for no more than two years or less than 180 days, and a fine of $10,000 or a state jail felony.

Other conditions that can be added due to additional felonies include more fines, more jail time, alcohol interventions and treatment, ignition interlock devices, DWI education, restitution payments, and longer license suspension.

Get experienced DWI Legal help

The best way to avoid the consequences of a DWI is to avoid driving under the influence in the first place. If it’s too late for that, your next best choice is to hire an experienced DWI lawyer who can work to lessen the consequences for your case. It’s not unusual for experienced DWI lawyers to get charges dismissed or drastically reduced. While there are no guarantees for any case, it’s a good idea to contact a local Montgomery DWI lawyer who can review your case and give you an idea what options are available to you. An experienced Montgomery DWI attorney can help lower or reduce your penalties. For more resources on the law, check out our blog.

Drivers are understandably stressed when they see the flashing blue lights in the rearview mirror. Being pulled over may be a common occurrence but it doesn’t mean it should be taken lightly. For most drivers, a minor offense is met with a simple fine and maybe a few points of a license. But, being pulled over for DWI in Texas is an entirely different animas with severe consequences. DWI penalties in Montgomery, Texas can be stiff and depending on the circumstances, can have a lifelong impact.

A DWI conviction can jeopardize your driving privileges and leave you with heavy fines, court costs, and possible jail time. This can affect your personal and professional life in any number of ways. Understanding the possible DWI penalties you could face in Montgomery county or throughout Texas is an important first step towards being a more responsible driver and protecting your rights.

All things being equal, first offense DWI penalties are usually less severe than someone who is charged with multiple DWIs. Still, the penalties for a first time DWI conviction can still be steep.

In Texas, first offense penalties for a DWI with less than a 0.15 blood alcohol concentration (BAC) includes possible fines of around $2,000 and or a jail sentence of anywhere between three and 180 days, plus a license suspension of 90 to 180 days (Class B Misdemeanor).

If the BAC is greater than 0.15, then there’s a chance of a fine increase of $4,000, and jail for up to a year (Class A misdemeanor). If you are a first-time offender with a BAC of 0.08 to .14, then you could apply for a “non-disclosure” two years after your probation ends.

The court may order you to install in ignition interlock device to your car, that must stay on for six months. This device prevents drivers from taking the wheel if any alcohol is detected on their breath. Most drivers will also be responsible for the costs of renting and/or maintaining the interlock device.

Under Texas law, if you are convicted on a first time DWI offense, you can get fined up to $2,000, spend three days to six months in jail, and or perform 24 to 100 hour of community service.

The Administrative License Revocation (ALR) Program could also suspend your license for 90 days to a year. If you can’t go without a license for that long, due to work or other reasons, you want to consider hiring an experienced DWI lawyer to advocate on your behalf.

Second Offense DWI Penalties

Second offense penalties for DWI are more severe than first offense. A second offense will typically mean a fine of up to $4,000 and possible jail time for 30 days to a year. It is also likely that your driver’s license will get suspended from 180 days to 2 years (Class A Misdemeanor).

As a second-time offender, you face similar penalties as first-time offenders, but with enhanced and more severe conditions. Second-time offenders are almost always required to install an ignition interlock device on cars, which prevents driving unless there is a breathalyzer test. Once again, you will pay for the maintenance of this device on your car. These costs are above and beyond the fines and penalties for the offense.

Second-time offenders can also get assigned 80 to 200 hours of community service. The ALR program tends to suspend a second-time offender’s driver’s license for anywhere from 180 days to two years.

Third DWI Offense Penalties

A third DWI offense can be devastating. In Texas, a third-time DWI offense also consists of an aggravated DWI charge. This means that the charges from your misdemeanor are raised to a felony. If you have an aggravated DWI, you can face up to $10,000 in fines, two to ten years in a state penitentiary, 160 to 600 hours of community service, 180 days to two years of a suspended license (third-degree felony), and the installation of an interlock device on your car. These are in addition to the costs of missing work, possible bail costs, transportation costs to and from court appearances, and on and on.

Jail time for third DWI offenders is elevated to state prison rather than a county jail. This means a third DWI offender is housed with some of the most hard-core prisoners of the Texas penal system. These are often terrifying places for most people.

But the fun doesn’t stop there for a DWI third conviction. If you have a felony conviction for third DWI, you are also disqualified from voting and owning a firearm in the future. Even with the new gun laws recently passed in Texas, felons are still forbidden from owning or possessing a firearm.

Additional circumstances that Increase penalties in Texas

Be aware that there are additional penalties that can make your DWI offenses worse. Things like a record of alcohol problems, driving with an open container, and an accident where someone was injured or killed.

These conditions when added to a sentence are meant to address the offenders issues a restorative way. If it’s a case of intoxication assault or manslaughter, then these penalties are meant to increase fines, jail time, and community service.

An Open Alcohol Container

If you are pulled over with an open alcohol container, then your minimum jail time penalty can increase to six days.

Intoxication Assault

This is when an accident happened with serious bodily injuries because of intoxication. When convicted, the DWI penalties will be more severe. You can get sentenced to a minimum of two years, and up to a maximum of ten years in prison.

If you get a probated sentence, then you will serve a 30-day minimum jail sentence. You can also get fined up to $10,000 which is a third-degree felony if the car was driven in a way that made it a deadly weapon.

If this happens, then there is an additional penalty that prevents good time credit, which allows an early release once half the sentence is completed, from happening.

Intoxication Manslaughter

This is a DWI where the death happened in an accident due to intoxicated driving. When convicted you would have to pay a minimum fine of $10,000 and or jail time for two to twenty years as this is a second-degree felony.

In cases where probation is granted, you must serve a 120-day jail sentence. If the car was driven in a way that makes it a deadly weapon, then there is an additional penalty that prevents good time credit for an early release.

DWI With A Child Passenger

This is a case where a person has DWI and there is another person in the car who is under the age of 15. You can get punished by confinement in the state jail for no more than two years or less than 180 days, and a fine of $10,000 or a state jail felony.

Other conditions that can be added due to additional felonies include more fines, more jail time, alcohol interventions and treatment, ignition interlock devices, DWI education, restitution payments, and longer license suspension.

Get Experienced Texas DWI Legal help

The best way to avoid the consequences of a DWI is to avoid driving under the influence in the first place. If it’s too late for that, your next best choice is to hire an experienced DWI lawyer who can work to lessen the consequences for your case. Montgomery DWI Lawyer Andrea M. Kolski has successfully defended hundreds of DWI cases with a track record of dismissals second to none. While there are no guarantees for any case, discussing your DWI case with a top Montgomery DWI lawyer can help you understand your options. With the right legal help, you could have your DWI charges reduced or even dismissed. If you or a loved one need help with a DWI charge, contact our office for a confidential review of your situation.

**NOTE: This website is for informational purposes only. Any information on this site should not be taken as legal advice or create an attorney-client relationship. Every legal situation is unique and we strongly advise anyone in need of legal help to discuss your situation with a licensed attorney.

Alcohol is big business in the US. It’s advertised heavily during sports events, endorsed by celebrities, and sold at virtually every non-fast food restaurant throughout the country. Texas is no exception in the big business of alcohol sales and distribution. Texas also fills its revenue on the other side of the alcohol business with thousands of DWI arrests and convictions every year. With some of the highest conviction rates in the US, Texas courts can be especially brutal for those charged with a DWI.

A DWI in Texas is not only big business for the state, it’s also serious business for anyone facing a first DWI charge. A first DWI in Texas is a class B misdemeanor. If you receive a conviction, it could cost you thousands in fines and up to six months in county jail. Beyond the fines and jail time, there are other, longer lasting costs as well. These include missing work, having a DWI on your record for all to see, and the potential denial of employment, especially side gigs like rideshare driving or delivery.

If you or a loved one were pulled over for driving under the influence in Texas, it’s important to know your rights. Read this guide to a DWI 1st offense and what ways to minimize the DWI impact on your life.

What are the Penalties for a First DWI in Texas?

Texas DWI penalties are intended to deter driving under the influence. While the connection between harsher punishments and safer roads is debatable, the consequences for a DWI offender are unquestionably serious. In Texas, a first-time DWI offender is very likely to face administrative penalties even before they go to court. If they go to court and receive a first DWI conviction, they are likely to face significant criminal penalties.

First Penalty: The Seizure of Your License

Texas has very little in the way of public transportation. Even the largest cities like Houston, Dallas, or Austin have few public transportation options available to get around town. Therefore, Texans are usually dependent upon driving a vehicle to work or any other activity. So, having a valid drivers license in Texas is critical to daily life and losing a drivers license due to a DWI can be devastating.

When pulled over, if a driver fails a chemical test or refuses to take one, then Texas law allows the officer to take your license. The driver will then receive a “Notice of Suspension” from the officer. The notice enables you to drive because it is functionally a temporary driving permit.

A driver may be innocent but they will have to prove that in court or through specific procedures outlined by the county. That can takes weeks or months and most of us don’t have that kind of time to go without a license or settle for a temporary one. Can you appeal the license suspension? Yes, if you choose. In certain circumstances, it’s possible to continue driving on your temporary permit until you attend the hearing and the board makes a final decision.

However, if you fail to properly contest the decision, your license is automatically suspended for 90 to 180 days. The 90 days begins on day 41 after your arrest.

It’s unlikely to lose all your driving privileges for a first time DWI, but there are no guarantees. First-time offenders have the option to apply for an “occupational license.” It allows you to continue to drive to work, school, and places like the pharmacy, doctor, and grocery store. An experienced Texas DWI lawyer can help navigate this process so that you can avoid missing work or other activities.

In many cases, a DWI lawyer can acquire an occupational license if you agree to an ignition interlock device (on every vehicle in your name), and you’re able to provide evidence of responsibility (job, class attendance, etc.).

Second Penalty: The Criminal Penalties

Texas DWI first convictions are generally classified as a class B misdemeanor. There are exception such as a blood alcohol content of .15 percent – the legal limit is 0.08 percent. In those cases, the DWI will often be moved up to a class A misdemeanor.

Upon conviction, you can receive either a fine or a jail sentence – or both. The maximum penalties are $3,000 (for class B) and $6,000 (for class A). A jail sentence may range from 72 hours to six months (one year for class A).

The fine and jail sentences are standard, but there’s more – even for a first conviction.

If convicted of a DWI in Texas, the court may also require the following:

• Probation
• Community service
• DWI education
• Further license suspensions (90 days to one year)

If you get your license back, you will also pay an annual surcharge on your license for three years. The typical penalty surcharge is between $1,000 and $2,000.

Further Penalties: Injuries, Children in the Car, Etc.

The penalties listed above only cover the DWI itself. However, if other circumstances are present, there may be additional penalties adding to the severity of the DWI charge.

For example, if you are caught driving under the influence with a minor in the car, then you face increased penalties. Driving with someone under 15 in the vehicle is a felony and your fine can grow to $10,000. It’s also punishable with up to two years in jail.

If you get in an accident and someone dies, then you can be charged with Intoxication Manslaughter, which is a second-degree felony.

What About Implied Consent?

There’s alot of confusion about a drivers rights and Texas law enforcement “no-refusal” tactics. The first time you get pulled over, you might wonder whether it’s worth it to take the field sobriety test. Texas uses the implied consent policy that was designed to punish those who refuse to take a chemical test. However, some courts around the state have been inconsistent in how they apply the policy so it’s unclear exactly what to expect. A driver in Texas has the right to refuse chemical or field sobriety tests but they will face a license suspension for doing so.

COMON Defenses for First Time DWIs

Every situation is different and the there is no one-size-fits-all when it comes to defending against DWI charges. The best defense is to never drive while intoxicated. However, if it happens, there are some legal arguments an experienced DWI lawyer may use if you’ve been pulled over while intoxicated. This doesn’t mean they will work every time or that there’s any way to predict the success of these strategies, this is strictly an overview of some typical defenses used by DWI lawyers. There is no way to guarantee results for any legal issue so it’s best to discuss your situation with an experienced DWI lawyer.

If a driver has agreed to a breathalyzer or field test and the results show the driver was over the legal limit, all is not lost. Here are some strategies used by DWI attorneys when defending their clients. Some defenses include:

• Drove drunk out of necessity
• Drove drunk because you had no choice to
• Drove drunk because an officer told you to
• Drove drunk without realizing you were drunk
• Drove drunk without consenting to drink

An experienced DWI lawyer can carefully review the circumstances around the arrest and identify technicalities that could lessen the charges or get the case dismissed altogether.

Some common technicalities include:

• Improper and unlawful traffic stops
• Inaccurate field sobriety tests (including breathalyzers)
• Chain of custody on blood tests

You can refuse a chemical/blood test if the stop was illegal. However, the punishments associated with the refusal still apply and implied refusal enforcement is vague. You will need to beat the DWI charges on the grounds of an unlawful stop and then beat the chemical test refusal charges.

If You Got a DWI, DON’T GIVE UP!

A Texas DWI may seem like a no-win situation but an experienced Texas DWI lawyer could turn the tables in your favor. In fact, lesser charges or complete dismissals are possible with an experienced Texas DWI attorney by your side. Texas DWI attorney Andrea M. Kolski has successfully defended and won countless dismissals and lessened charges for DWI clients.

DWIs are among the most common crimes in Texas, and sometimes drivers don’t take them as seriously until it’s too late. However, treating them as ‘something that happens’ is a mistake because a DWI is a crime and the consequences can be severe.

A DWI starts as a class B misdemeanor. But if you blew a 0.15 or higher, got in an accident, or drove with a minor in the car, it quickly becomes more serious. Even if you didn’t engage in a more serious crime, the first time DWI penalties can get in the way of your ability to go to school, apply for a new job, or keep a job, which can have real consequences for your life.

Are you or a loved on facing a DWI? Click here to get in touch with a criminal defense attorney to help you stay in control of what happens next.

A DWI isn’t just a mark on your record. It can also accrue a great deal of expenses. Learn about the unexpected costs of a DWI here.

The consequences of driving while intoxicated can be severe. Sadly, every 8.5 hours, someone in Texas dies in an alcohol-related traffic crash. To protect drivers and keep our roads safe, Texas law enforcement targets drivers who may be at risk behind the wheel.

It’s not unusual for drivers to assume they are ok to drive after a few drinks. This assumption can spell disaster if the driver is over the legal limit. It’s possible to get a DWI charge even if you feel entirely coherent and can drive safely. If you find yourself in this situation, you’ll be dealing with more than a blemish on your driving record. DWI charges in Texas can have severe, lifelong costs that you need to know about.

Let’s dive in.

Ignition Locks

In some cases, you may be required to use a court-mandated interlock device on your vehicle. This device measures your blood alcohol content (BAC) and only unlocks if you are under the legal limit.

In this scenario, you will need to purchase this device on your own. Otherwise, you cannot legally drive. It’s worth noting that having someone help you unlock the interlock device is a crime that can result in punishment for both parties.

Keep this in mind when moving forward.

Social Stigma

There’s something to be said about the social stigma that comes with a DWI conviction. This is true even if your case did involve property damage, injury, etc.

When most people hear about a DWI case, they assume that the person in question was driving well above the speed limit, swerving all over the road, and putting everyone else around them in danger. Many people also aren’t willing to learn about the details of the case, such as how short the drive was, how little the driver had actually had to drink, etc. This social stigma could ruin relationships and make life more difficult overall.

So, there is a price to pay when it comes to quality of life.

Missing Work

Court appearances often require people to miss work. This could lead to a large number of complications regarding your employment.

If you’re an hourly employee, you won’t get paid for the time you spend in court. You may also not have enough paid time off, which could cause you to lose your job. If your employer learns why you need to visit court, they may question your judgment and pass you up for promotions in the future.

This could serve as a substantial roadblock in your career path that can be difficult to overcome.

Higher Insurance Premiums

Those with a DWI on their record will pay much more in insurance premiums. They might even find that their provider drops their coverage entirely.

This is simply due to the fact that insurance providers will view drivers with a DWI conviction as a substantial liability. Those who are willing to provide insurance options will often charge a high amount for minimum coverage. This could create a large number of complications later on, so it’s something you want to avoid at all costs.

Difficulty Finding a New Job

A DWI conviction doesn’t only affect your current job. It can also affect your ability to find a new job.

As you might assume, any position that requires operating a motor vehicle is likely out of the question. Employers might be apprehensive about hiring someone if a DWI comes up on a background check.

For example, let’s assume there are two candidates who are equally experienced and equally skilled. If one has a DWI conviction and the other doesn’t, most employers will likely choose the one who does not.

A situation like this could make it difficult to increase your income by switching jobs, relocating to a new city, etc.

DWI Legal Fees

During your case, you will need to budget for legal fees so that you can receive the appropriate legal representation. Depending on the complexity of your case, this could prove to be a substantial amount of money.

To clarify, let’s assume that your DWI case resulted in property damage to multiple vehicles. A situation like this is much different than one where a driver under the influence was pulled over for speeding.

This is also a guaranteed expense that you will incur. Not every case involves losing one’s job or purchasing an interlock device. All cases involve legal fees, however.

Finding the Right Attorney

To achieve the best outcome, you need to find an experienced DWI attorney.

This is the the best way to properly navigate a DWI case. When searching, be sure to take a look for DWI attorneys near me to insure they are local to the area. You also want to be sure to read reviews and other information both on and off their website to learn about the DWI attorneys reputation.

Make sure the DWI attorney you meet is the one that will handle your case from start to finish. Don’t let the firm bait-and-switch DWI attorneys on you in the middle of your case. You could risk having an inexperienced or less-skilled DWI lawyer represent you. Follow up with questions such as prior results in DWI cases, the estimated costs, and potential outcomes.

Look for someone who is communicative. Being unable to get in touch with them can make an already stressful situation even worse. So, keep an eye out for this attribute.

With a bit of research, you’ll be able to find a DWI lawyer who has everything required to help get your charges reduced or dismissed.

Take Action Today

If you’re dealing with a DWI case, time is of the essence. It’s crucial to get an experienced DWI attorney working on your case as soon as possible to set the stage for success. The best DWI attorneys will have the knowledge and resources necessary to help you navigate this process and get the best possible results.

Reach out to the office of Conroe DWI attorney Andrea M. Kolski today to discus your DWI case and how she can protect your rights, keep your costs in line, and garner the best possible result. With a track record of dismissals and victories second to none, Conroe DWI attorney Andrea M. Kolski is among the elite DWI attorneys in Texas. Call today and get on the right track toward a favorable outcome.

Arrested on DWI charges? If so, that can mean serious trouble both personally and professionally. It makes sense to hire the best DWI lawyer to help you get your life back on track.

There were more than 1 million arrests made in the US for driving while intoxicated in 2019.

Consequences for DWI convictions can be severe encompassing loss of driving privileges, heavy fines, or even jail terms. Convictions leave you with a criminal record which stains your future.

DWI cases are, however, defensible. Therefore, hiring a DWI attorney will be invaluable since they can set up a defense for your case, ensuring you stay out of jail.

The problem for most people lies in confusion caused by the significant number of lawyers they get to choose from. Are you wondering where to start the search for a great DWI lawyer? Worry not.

Below is a step-by-step guide on finding the best DWI lawyer for your case. So read on!

Step 1: Launch an Internet Search

Are you clueless about finding DWI lawyers in your area? The internet is a resource that can be helpful for your local DWI attorney search.

The search is informative in offering local DWI attorney options. DWI laws differ from one state to another. Hence it is imperative to find a local defense attorney.

Include “your city + DWI lawyer” as the search keywords to identify lawyers from your area. Check also to ensure the selected attorneys have worked within the courthouse where your case will be heard.

From the research, come up with a comprehensive list of potential candidates. Your analysis must be in-depth for you to get insight on the DWI case process.

Step 2: Reputation and Experience

With your shortlist at hand, you now need to separate the wheat from the chaff. Assuming that the candidates constitute certified lawyers, you’re left with experience and reputation to vet them.

Most of the criminal attorneys have handled DWI defense before, citing the volume of the cases. Trial experience, however, sets the DWI attorney in a better position to help you. Investigate the win rate for similar past cases to weigh the acquittal probability.

It will be better to hire a reputable DWI attorney since they have been tried and tested. Be on the lookout for fake reviews by checking the company’s reputation on a trusted website.

Benefits of working with a reputable DWI law attorney include their trustable personality, giving you peace of mind.

Step 3: Set Up Consultations

Reaching out to the attorneys and setting up consultations is essential in finding the best Montgomery criminal lawyer. Consultations, whether in person or virtual, allow for the attorneys to answer your questions.

A free consultation will be among the ways your lawyer applies to develop a rapport with you. Make use of the chance to deal with expectations from both parties.

The success of your case depends on the questions you table, including if they know judges and prosecutors in your case. A Montgomery DWI lawyer should be in a position to offer precise answers easily.

Consultations mean to address facts about your case. The best Montgomery County DWI attorney will offer an honest opinion about case specifics.

Consultations work to assist you in making up your mind by creating a realistic view of the case.

Step 4: Request a Quote

Your search for the best DWI attorney is not over until you consider legal fees. Like most things in life, you get what you pay for. Experience and expertise in DWI law only happens with a lot of work. Reputable DWI attorneys won’t be cheap because the years of experience and knowledge make them more effective than lesser attorneys.

Requesting a quote from the potential candidates and comparing them assists you pick services that you can afford. Cheap isn’t necessarily good, especially when it means foregoing the best results. Your focus needs to be on service value offered at reasonable rates.

The charges sometimes will need negotiating a payment plan. Most experienced DWI attorneys work on a flat fee basis. This is actually good for the client because it gives the DWI attorney extra incentive to get the best result in a case with the least amount of hassle. Plus, there is peace of mind knowing that you’ve paid for the full legal services and won’t have any surprise billing hitting you in the future for your case.

A good DWI lawyer will clearly explain the costs involved and what to expect.

Step 5: Personal Attention To Your Case

DWI cases are different, which is why courts handle them uniquely. You’ll want to find a DWI attorney able to manage your specific case.

Your DWI attorney needs to have DWI law among its practice areas to assure you of the best results. In court experience within Montgomery means that the lawyer knows the people involved with your case and hopefully the judge presiding over your case.

It’s smart to discuss how your DWI attorney will handle your case and if they will be with you the entire process. Don’t let the attorney you meet with flip your case to someone else at the firm. Get in writing that they will be handling your case personally. Only settle for DWI lawyers that will see your case through themselves. You deserve only the best, which alleviates your frustration with the justice process.

Step 6: Sign the Attorney’s Engagement Letter

Once you’ve decided on a DWI attorney, you’ll want to confirm it in writing. This way they can begin immediately representing you and begin your defense.

An attorney’s engagement letter includes content legally binding the nature of the attorney-client relationship. The content, including the scope of representation, rate basis, and fee agreement, offers grounds on which the agreement was made.

As an official document, be sure the main details are in order.

Hire the Best DWI Lawyer

Your DWI case does not have to end badly. Hiring the best DWI lawyer can be critical to winning your case. Your attorney should present the best defense to resolve your case for a favorable outcome.

Are you looking for the best Montgomery County DWI attorney you can count on? DWI attorney Andrea M.Kolski is among Montgomery county’s elite defense lawyers. She has been practicing DWI and criminal law for over 20 years and has a record of success second to none. The Law Firm Of Andrea M. Kolski is a client-centered law firm ensuring compassion and tireless defense of the accused. If you or a loved one have are facing charges for DWI in Montgomery County, Texas, Contact us today for a free consultation.

Like many states, Texas has very strict laws when it comes to DWI, or Driving While Intoxicated, and the penalties can be devastating. If you are arrested for DWI, it’s not the time to take the law into your own hands. Your best bet will be retaining a skilled, experienced defense lawyer who specializes in DWI. Still, it helps to have a thorough understanding of what DWI means in Texas and what penalties you might face. An experienced Texas DWI lawyer will provide specific advice that pertains to your case, but here is a general overview of DWI in Texas.

Texas Definition of DWI

Driving drunk or under the influence of drugs is illegal in every state, but each state’s specific laws are slightly different. In Texas, the term “intoxicated” has two different meanings:

• BAC (blood alcohol content) of .08 percent or higher
• Impaired mental or physical faculties due to the consumption of alcohol and/or drugs, even if your BAC is under the legal limit

For drivers under the legal alcohol consumption age of 21, any detectable amount of alcohol in the blood is prohibited, while commercial drivers aged 21 and over are limited to a BAC below .04 percent.

Intoxication Evidence

It’s important to know that while your blood, breath, or urine can and most likely will be checked for the presence of alcohol, you may be charged with DWI based on other evidence of intoxication even if you are below the legal limit. This is typically based on the arresting officer’s observations, such as the smell or physical presence of alcohol, your appearance and behavior, and your performance on one or more field sobriety tests.

DWI Penalties

Texas has escalating penalties for multiple DWIs, and judges have a fair amount of leeway within the sentencing guidelines. In general, your first DWI will be considered a Class B misdemeanor with jail time of 3 to 180 days, a fine of up to $2,000, and a license suspension of 90 to 365 days.

Penalties go up drastically for a second DWI, and by your third DWI, you are looking at potentially being charged with a felony and facing 10 years behind bars. Subsequent DWIs carry even harsher punishments, potentially 25 years to life if you are convicted again after serving two DWI jail terms.

Other factors can also increase DWI penalties, such as the presence of a child in your vehicle, a very high BAC (.15 or above), an open container, or any injury or death that you cause while intoxicated.

Drivers under the age of 21 are prohibited from having any detectable alcohol in their system. A first offense typically carries probation, fines, license suspension, community service, alcohol education, and other penalties, but generally no jail time. However, if the same minor is convicted again, penalties quickly escalate, and the second or subsequent DWI for a minor will very likely carry a jail sentence.

Refusing Chemical Testing

Texas law holds that by operating a motor vehicle, you have given implied consent to chemical testing for alcohol or drugs. Therefore, your license will be automatically suspended 40 days after your refusal, for a period of 90 days to two years, unless you request an administrative hearing within 15 days of your refusal.

DWI Education and Intervention Programs

First-time DWI offenders may be placed on probation in lieu of or in addition to jail time, and must attend a 12-hour DWI education program. The course must be completed with 180 days of the time probation starts, or your license will be revoked.

Repeat DWI offenders are likely to be placed in a 32-hour DWI intervention program along with their penalties. This is a more in-depth program designed to encourage repeat offenders to seek treatment for their alcohol or drug issues. You must complete the program, or your license will be revoked.

Those who are under 21 and are convicted of DWI are normally ordered to complete either an alcohol education program for minors or community service. Whichever is ordered, it must be completed within 90 days to avoid a six-month license suspension.

In addition, the judge may order you to install an ignition interlock device on your car. In this case, you will also have a restriction placed on your license that authorizes you to drive only vehicles with this type of device.

Texas DWI laws are complicated, and tend to side with the arresting officer. Because a DWI charge carries harsh consequences, it is vital to hire a DWI attorney immediately after your arrest. Your attorney can help you request appropriate hearings, communicate with court officials, negotiate a plea deal, and in some cases, even have the charges reduced or dropped. With so much at stake, choose an experienced lawyer with a proven track record of success.

Montgomery Texas Defense Attorney Andrea M. Kolski is past President of the Montgomery County Criminal Defense Lawyer’s Association and has been defending the accused for over 20 years in Texas courts. If you or a loved one are in trouble with the law, you want the best, most aggressive attorney fighting on your behalf. Andrea Kolski’s record of success is second to none and is highly respected among her peers. For more information or to schedule a consultation, contact our office or call us at 832-381-3430.

If you’re pulled over for DWI in Texas, you have the right to refuse a breath test when the officer requests one. However, that refusal comes at a price. Refusing to take a breath test will mean automatic license suspension of at least 180 days for a first offense (minimum 2 years for second and third offenses), but at the same time, officers will not have that data point to use in their case against you. You can still refuse to take a breath test, but by doing so, you open yourself up to the possibility of a mandatory blood test.

Making Sense of Texas DWI Testing

Police can take your refusal to submit to a breath test as probable cause, and contact a judge for an expedited warrant. Once the officer has that warrant, you would have to submit to a blood test whether you wanted to or not. As officers would want to get the numbers from your blood test as soon as possible after your arrest, this could even mean that a nurse comes to the place of your arrest and performs the blood draw at the scene.

The practice is controversial

Some have challenged the constitutionality of mandatory blood draws, claiming that the practice violates protections against unreasonable search and seizure. Whether a person has to be subjected to a blood draw depends on whether a judge issues a warrant based on probable cause.

Don’t Gamble Your Rights- Get a DWI Lawyer on Your Side

Whether you’ve been charged with DWI for the first time, or you’ve been through this before, you have rights. A DWI conviction can have a major impact on your life, so it’s best to consult with a tough and knowledgeable Texas DWI attorney who can protect your rights.

If you’re lucky, your first DWI conviction in Texas may result in probation rather than jail time. This does not mean you’re out of the woods, though. Texas DWI probation requirements can be strict, and if you violate your probation, you are likely to end up in jail. Here is what you need to know:

Conditions of Probation

In Texas, probation is officially known as “community supervision.” Texas law sets some requirements on everyone who is sentenced to probation for DWI. Some requirements may be waived by the judge for good cause. Others are mandatory. In addition, judges have many conditions that they may choose to set. Therefore, each offender’s case may result in slightly different conditions of probation. The following are the most typical:

• Drug/alcohol dependence evaluation (typically 30 minutes to one hour)
• Three 4-hour DWI education classes (to be completed within 6 months, regardless of the length of probation)
• Fines and court costs (typically around $1,000)
• Community service (24 to 100 hours)
• M.A.D.D. Victim Impact Panel (one 3-hour session)
• No drinking or drug use
• Ignition interlock device installed in vehicle, with notation on driver’s license that only vehicles with this device installed may be driven
• Random drug testing
• No other offenses
• Monthly meetings with probation officer
• Remain gainfully employed and support all dependents
• Avoid injurious behavior and people of “immoral” character
• Submit to home and work inspections by probation officer
• Notify the court of any changes to home address or employer
• Receive permission before leaving the county

Probation Length, Violations, and Non-Reporting Status

In Texas, probation for a first DWI may last from 6 months to 2 years, depending on a wide range of factors. Any probation violation is taken very seriously and will likely result in jail time. Besides failing to report to your probation officer or leaving the county without permission, the most common probation violations have to do with the ignition interlock device in your car.

The ignition interlock device requires drivers to blow into it before starting the car. It will register the BAC, blood alcohol content, before starting the car. The results are recorded, so in addition to being unable to start your vehicle, blowing into it with alcohol in your system will likely get you an appearance before the judge and possibly a probation violation. However, in certain circumstances, a false positive may occur.

If you use a mouthwash with alcohol in it, for example, your breath will retain some of that alcohol even if you do not swallow a drop. Therefore, those with ignition interlock devices are usually required to complete another test 15 minutes later. If you had a false positive due to residual mouth alcohol, it will be gone, and your alcohol reading will drop to zero. If you were actually drinking, the alcohol will not yet be out of your system and you will still test positive.

It is very important to complete the mandatory 15-minute retest to avoid getting in trouble for a false positive. This is one of the easiest ways to accidentally violate your probation, so take it seriously.

If you are accused of violating your DWI probation, call your attorney right away. The sooner we step in, the more options we have available to help you.

Note that in Texas, judges do not have the legal authority to end DWI probation early. In some counties, though, you may be eligible to go on non-reporting status and have the ignition interlock device removed from your vehicle once you complete all the terms of your probation. Discuss this possibility with your attorney if you feel it may apply to you.

With 6 years of experience as a Harris County prosecutor and 11 years of experience representing clients in a variety of family, domestic, and criminal cases, past president of the Montgomery County Bar Association, Andrea Kolski, has the background you need to win your case. For more information or to schedule a consultation, callNonstop Justice today at 832-381-3430.