Do I Really Need a Lawyer for a DWI in Montgomery County, Texas?

Do I Really Need a Lawyer for a DWI in Texas?

DO I NEED A DWI LAWYER IN TEXAS?

Do I Really Need a Lawyer for a DWI in Montgomery County, Texas?

By Brian Foley, Criminal Defense Attorney | Conroe, TX

If you’ve been arrested for Driving While Intoxicated (DWI) in Montgomery County, you’re probably dealing with a lot of uncertainty and stress. One of the first questions many people ask is:

“Do I really need a criminal defense attorney for a DWI?”

It’s a fair question—and the short answer is: Yes, you do.

But let me take a few minutes to walk you through why hiring a lawyer for a DWI in Texas isn’t just a good idea—it’s essential. Because unlike other minor offenses, a DWI arrest has serious consequences, both immediate and long-term.

Why You Can’t Treat a DWI Like a Traffic Ticket

Some people think they can handle a DWI the same way they’d handle a speeding ticket. After all, people go to court every day without lawyers for traffic citations. You might be thinking:

“Maybe I can just plead no contest, pay a fine, and move on.”

But a DWI isn’t like a traffic ticket. It’s a criminal offense—a Class B misdemeanor in most first-offense cases—that carries:

Up to 180 days in jail

Up to a $2,000 fine

A mandatory driver’s license suspension

Permanent criminal record

Loss of employment or professional licenses

Higher insurance rates

Long-term consequences for immigration, housing, and background checks

And if your DWI involved a breath or blood alcohol concentration over 0.15, or if you had a child passenger in the car, it can be enhanced to a Class A misdemeanor or even a felony.

The Truth About Representing Yourself in a DWI Case

Technically, anyone has the right to represent themselves in a Texas court. But even in misdemeanor cases, self-representation is extremely risky, especially for DWI.

Unlike more straightforward charges, DWI cases are procedurally complex. You’re not just dealing with one judge and one courtroom—you’re dealing with two systems at once:

1. The Criminal Court Process

Your case will be handled by the County Court at Law in Montgomery County. Here, the state is seeking a criminal conviction, and you face jail time, probation, or both.

2. The Administrative License Revocation (ALR) Process

Separate from the criminal charge, the Texas Department of Public Safety (DPS) will try to suspend your driver’s license. And you only have 15 days from the date of arrest to request a hearing. If you miss that deadline, your license can be automatically suspended—even if you're later found not guilty.

Most court-appointed attorneys do not handle ALR hearings. That means unless you hire a private attorney, your driver’s license may be suspended by default.

What an Experienced DWI Lawyer Can Do for You

At Brian Foley Law PLLC, we handle both the criminal DWI charge and the ALR hearing. Here's how we help our clients from the moment they call:

✅ Request Your ALR Hearing Immediately

You only have 15 days to request this hearing after arrest. Missing it can result in a 90–180 day driver’s license suspension. We submit the request, track the deadlines, and appear at the hearing on your behalf.

✅ Investigate the Traffic Stop and Arrest

We evaluate whether the officer had reasonable suspicion to stop your vehicle and probable cause to arrest you. If there were violations of your constitutional rights, we may be able to suppress evidence or dismiss the case entirely.

✅ Challenge the Breath or Blood Test

We examine:

Whether the DIC-24 warning was read properly

Whether the test equipment was properly calibrated

Whether medical conditions or improper procedures affected the results

✅ Explore All Legal Outcomes

DWI cases in Montgomery County don’t all end in the same way. Depending on your circumstances, we may pursue:

Pretrial Diversion (eligible for first-time offenders, can result in dismissal)

Deferred Adjudication (which can later be sealed)

Negotiated plea bargains with reduced charges

Jury trial when facts or legal issues support a defense

✅ Protect Your Criminal Record

We advise on what kind of resolution is eligible for:

Expunction (full erasure of records)

Non-disclosure (sealing your record from public view)

Not all resolutions qualify for these protections. That’s why how your case ends matters—and it’s something we help you plan for from day one.

Why Time Is Critical in a DWI Case

When people contact me a few months after their arrest, they often ask:

“Can you get the video from the store parking lot where I was arrested? It proves I wasn’t driving.”

Unfortunately, the answer is usually no. Most security footage auto-deletes within days unless it’s requested and preserved quickly.

The same goes for 911 call logs, dashcam video, and bodycam footage. Once it’s gone, it’s gone—and that evidence could make or break your defense.

The sooner you hire a lawyer, the sooner we can preserve and protect evidence in your favor.

What If You Already Have a Court-Appointed Attorney?

If you’ve been appointed a public defender, they’ll represent you in your criminal case. But keep in mind:

They won’t represent you at the ALR hearing

They may not investigate aggressively

You may not speak to them until your first court appearance

You may not have much control over how the case is resolved

If your driver’s license, your job, or your clean record matters to you, it’s worth speaking with a private attorney who focuses on DWI defense.

DWI Law Is Technical – You Need a Lawyer Who Understands It

Texas DWI laws are detailed and unforgiving. Here’s just a sample of what’s involved:

Texas Penal Code §§ 49.01–49.09

Code of Criminal Procedure – Deferred Adjudication Rules

Transportation Code – ALR Suspension Rules

Texas DPS Policies – Breath and Blood Test Protocols

You need a lawyer who not only understands the law but also knows the local procedures in Montgomery County, how the prosecutors operate, what options are available, and how to get the best possible result.

So, Do You Need a Lawyer for a DWI in Texas?

Yes—especially for a DWI. Even compared to other misdemeanors, DWI cases are complex and carry life-altering consequences.

If you’ve been arrested for DWI in Conroe, The Woodlands, or anywhere in Montgomery County, don’t wait to see what happens. Call a lawyer immediately.

At Brian Foley Law PLLC, we’ll explain your options, protect your license, defend your record, and fight for the best outcome in your case.

📞 Call Today for a Free Consultation

If you or someone you care about has been arrested for DWI, don’t delay. Call (936) 596-0407 or fill out our online contact form today to speak directly with me, Brian Foley, an experienced Conroe DWI lawyer and former chief prosecutor.

Your defense starts now.