DWI Advantage

Brian was a prosecutor in Montgomery County and Harris County handling thousands of DWIs in both jurisdictions.


As a member of the vehicular crimes team Brian handled the most serious intoxication offenses by going to the scene of crashes involving serious bodily injury or death. 

Brian's techniques and strategies in jury selection for DWI are followed throughout the State.

Brian's experience becomes your advantage.

Top 10 things your DWI lawyer should be doing

  1. Listen to you and develop a plan of action that fits your needs.  The most important part of the attorney client relationship is trust.  You have to be able to trust that your lawyer knows the challenges you are facing and that he has your best interest at heart.  Open and honest communication is the foundation for success in your legal representation.  Your attorney must speak plainly and honestly to be able to help you.  You need an attorney you can trust 

  2. Request an ALR hearing.  An ALR hearing is a hearing that is offered by the State of Texas to challenge the suspension of your driver's license.  If you refused to take a test or failed a breath test then you have only 15 days to request the hearing.  The officer may have given you a temporary driver's license to use during this time called a DIC-25.  Your lawyer can subpoena the police officer who made the arrest and force him to explain himself on the record.

  3. Demand the evidence from the District Attorney's Office.  In Texas Article 39.14 gives your attorney the right to view and inspect the evidence collected during the police investigation.  After a written request from your lawyer the State of Texas must produce and allow the copying and inspection of any evidence collected including the blood sample or computer generated data from analysis. 

  4. Assist you in getting an occupational driver's license.  If you missed the 15 day ALR deadline and your license has already been suspended your attorney should know how to assist you in obtaining an occupational driver's license which typically allows 4 hours of driving time per day so that you can continue with your life while your case is pending in court. 

  5. Negotiate with the District Attorney.  Your defense attorney's reputation in trial and in the legal profession generally can assist you in negotiations.  If the prosecutor knows your attorney isn't afraid of going to trial then your case may be more likely to be dismissed.

  6. Review the chain of custody.  Evidence including blood samples require a chain of custody. This ensures that the evidence can be admitted in court. If you are able to adequately challenge the chain of custody then a blood or breath sample may be excluded from evidence in your trial.

  7. Inspect the laboratory.  Your lawyer should know where and how your blood was tested.  Visiting the laboratory in person and speaking with the analysts one on one makes a huge difference when your attorney has to cross examine them in front of a jury.  

  8. Understand the psychology of trial.  The principles of recency and primacy rule the presentation of evidence at trial.  This means that jurors remember the first thing they hear and the last thing they hear from a speaker.  Having a lawyer that understands the intricacies of persuasion and presentation can give your case the edge it needs. 

  9. Pick a defense friendly jury.  Jury selection is an art not a science. Asking information from jurors in only part of what should be occurring in jury selection. The first challenge in picking a jury is getting them to like us and reminding them of the presumption of innocence.

  10. Protect your rights.  A good defense attorney knows how to protect your rights from evidence based objections to ensuring that the jury understands the full weight of the burden of beyond a reasonable doubt.  The criminal justice system is intimidating and complex and your attorney is the only person fighting with you.

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Complete DWI Defense

Brian has handled thousands of DWI charges and is ready to stand with you in Montgomery or Harris County. 
Time is working against you already.  If you have been arrested for a DWI refusal you only have 15 days to request a hearing to save your driver's license.  Call Brian now to start your defense today.   



Brian Foley Law PLLC handles all types of intoxication charges.  For detailed topic discussions clink the links below. 


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

DWI Fourth Offense

Intoxication Assault

Intoxication Manslaughter


Enhanced Penalties for DWI

State Traffic Fines for DWI



DWI Field Sobriety Testing

DWI Causation and Crash Investigation

DWI Traffic Stop and Suppression Hearings

Chapter 49.04 Driving While Intoxicated


The code creates both felony and misdemeanor charges. 


Common misdemeanor charges include: Driving While Intoxicated (DWI) and Driving While Intoxicated Second Offense (DWI 2nd), Boating While Intoxicated (BWI), Flying While Intoxicated (FWI) and even Assembling or Operating an Amusement Ride While Intoxicated (AOARWI).

Common felony charges include: Driving While Intoxicated with Child Passenger, Driving While Intoxicated Third offense, Intoxication Assault, and Intoxication Manslaughter. 

The best legal defense for someone accused of one of these crimes is multifaceted.  You need a lawyer who understands appellate decisions that can be used to attack the traffic stop, proof of operation of the vehicle, evidence collection, and sample integrity.  

Then you need a lawyer who has extensive experience negotiating and litigating criminal cases and working with Judges and court administrative staff to get you the best possible outcome during and at the conclusion of your case.  

Most lawyers are focused on what happens at the end of the case.  Brian Foley Law PLLC understands you may be hurting now and need help taking back your life.