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Montgomery County DWI Attorney

The Woodlands
DWI Attorney

The Woodlands, Texas is a frequent location for DWI Arrests.  Woodlands DWI Attorney Brian Foley is a former prosecutor who has handled thousands of DWIs in The Woodlands, Texas and Houston, Texas.


Brian is now a Board Certified Criminal Defense lawyer and can help you fight DWI charges.  When Brian was a prosecutor he was a member of the vehicular crimes team which specialized in the most serious intoxication offenses.  Brian would be called out and go to the scene of crashes involving serious bodily injury or death. 

Here are the Top 10 things your Woodlands DWI attorney should consider doing to help you.

  1. Collaborate with you to create a personalized plan of action. Trust is the cornerstone of the attorney-client relationship. Your lawyer should understand your unique situation and have your best interests in mind. Open and honest communication is crucial for success in your legal representation. Your attorney must be transparent and forthright to be able to provide effective guidance. Ultimately, you need to feel confident in your attorney's ability to represent you.

  2. Request an Administrative License Revocation (ALR) hearing. In Texas, this hearing can be requested to contest the suspension of your driver's license if you refused to take a test or failed a breath test. It is essential to act quickly as you only have 15 days to make the request. Your attorney can issue a subpoena to the police officer who made the arrest and force them to testify on the record. The officer may have given you a temporary driver's license to use during this time called a DIC-25.

  3. Exercise your right to view and inspect evidence from the District Attorney's Office. Under Texas Article 39.14, your attorney is entitled to examine any evidence collected during the police investigation, including blood samples and computer-generated data. The state must produce the evidence and allow for copying and inspection upon written request from your lawyer.

  4. Help you obtain an occupational driver's license. If your license has already been suspended and you missed the 15-day ALR deadline, your attorney can assist you in obtaining an occupational driver's license. This license typically allows for four hours of driving per day, enabling you to carry on with your daily life while your case is pending in court.

  5. Negotiate with the District Attorney on your behalf. Your attorney's reputation in the legal profession and experience in trial can influence negotiations with the prosecutor. If the prosecutor knows your attorney is unafraid to go to trial, they may be more inclined to dismiss your case.

  6. Challenge the chain of custody for evidence. Evidence such as blood samples require strict chain of custody procedures to ensure their admissibility in court. If your attorney can effectively challenge the chain of custody, the blood or breath sample may be excluded from evidence in your trial.

  7. Inspect the laboratory where evidence was tested. Your attorney should know where and how your blood was tested. Visiting the laboratory in person and speaking with the analysts directly can give your attorney an advantage when cross-examining them in front of a jury.

  8. Understand trial psychology. Persuasion and presentation are essential components of trial strategy. Knowing how to apply the principles of recency and primacy in presenting evidence can make a significant difference in the outcome of your case.

  9. Select a favorable jury. Jury selection is both an art and a science. Your attorney should aim to establish rapport with potential jurors and remind them of the presumption of innocence. Picking a favorable jury can be crucial to the outcome of your case.

  10. Safeguard your rights. A competent defense attorney knows how to protect your rights during trial, from making objections to evidence to ensuring that the jury fully understands the burden of proof beyond a reasonable doubt. The criminal justice system can be overwhelming and complex, but your attorney is there to fight for you every step of the way.


The Woodlands DWI Attorney

One of the specific challenges of fighting cases in The Woodlands Texas is understanding the likely places and agencies that will make the arrest. 

The Woodlands doesn't have its own police force.  This means that the Montgomery County Sheriff's Office, the Department of Public Safety Troopers or Montgomery County Constable's Office Pct. 3 are likely to make the Arrest.  Understanding these agencies and their procedures is critical in evaluating your case. 






  • DWI First - Refused Breath and Blood

  • DWI First - Breath Test

  • DWI First - Blood Test

  • DWI First - Open Container

  • DWI Marihuana

  • DWI Prescription Drugs

  • DWI for CDL holders

  • DWI with Vehicle Crash

  • DWI with Unlawful Carrying of a Weapon Charge

  • DWI Second

  • DWI with Child Passenger

  • DWI Third or More Offense Felony

  • Intoxication Assault

  • Intoxication Manslaughter

  • Failure to Stop and Render Aid

  • Enhanced Penalties for DWI

  • State Traffic Fines for DWI

Chapter 49.04 Driving While Intoxicated


The Texas Penal code creates both felony and misdemeanor charges for driving while intoxicated offenses. 


Misdemeanor DWI charges include:

  • Driving While Intoxicated (DWI) 

  • Driving While Intoxicated Second Offense (DWI 2nd)

  • Boating While Intoxicated (BWI) 

  • Flying While Intoxicated (FWI)

  • Assembling or Operating an Amusement Ride While Intoxicated (AOARWI).

Felony DWI charges include:

  • Driving While Intoxicated with Child Passenger

  • Driving While Intoxicated Third offense

  • Intoxication Assault and Intoxication Manslaughter. 

Montgomery County Sheriff's Office, The Woodlands

Montgomery County Precinct 3 Constable's Office

Map of The Woodlands Texas

The Woodlands Township

The Woodlands Waterway

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