DWI Defense in Conroe, TX

3 Ways to Challenge a DWI Charge in Texas

Every DWI case turns on its own facts, and the strongest defenses emerge from a thorough review of the evidence. Here are three grounds we examine in each case:

• Challenge the validity of the stop: Law enforcement must have reasonable suspicion or probable cause before pulling a driver over. If the initial stop lacked a lawful basis, evidence gathered afterward may be suppressed, which can lead to dismissal of the charge.
• Challenge the validity of the test: Breathalyzer equipment must be properly calibrated and maintained, and the administering officer must hold current certification. Problems with either can undermine the reliability of a blood alcohol concentration (BAC) reading. We obtain maintenance logs and officer qualification records as part of our investigation.
• Challenge the accuracy of the test: Certain medical conditions, medications, and dietary factors can produce elevated readings on breath or blood tests unrelated to alcohol consumption. Field sobriety test validity is also subject to challenge based on road conditions, lighting, and officer instruction. We look at all of it, including any drug-related allegations that accompany the charge.

Texas DWI Penalties by Offense

Texas sets BAC thresholds at 0.08% for drivers 21 and older, 0.04% for commercial drivers, and any detectable amount for drivers under 21 (charged as DUI rather than DWI). Penalties escalate sharply with each offense:

• First offense: Fine up to $2,000, jail time from three days up to 180 days, license suspension up to one year.
• Second offense: Fine up to $4,000, jail time from 30 days up to one year, license suspension up to two years.
• Third offense: Fine up to $10,000, prison time from two to 10 years, license suspension up to two years.
• DWI with a child passenger under 15: Charged as a state jail felony under Texas Penal Code §49.045.

On top of these penalties, the state assesses a civil surcharge upon conviction: $3,000 for a first offense within a 36-month period, $4,500 for a subsequent offense within 36 months, or $6,000 if your BAC was 0.15 or higher. A DWI conviction in Texas can’t be expunged, making it a permanent part of your criminal record with consequences for employment, professional licensing, insurance rates, housing applications, and immigration status. We specifically advocate for clients whose immigration status is at risk, and we defend clients with prior offenses who face enhanced penalties under repeat-offense statutes.

What to Expect During Your DWI Case

A DWI charge in Texas involves two proceedings running on different timelines: the criminal case and the ALR administrative proceeding. Understanding both helps you make decisions with a clear picture of what’s ahead.

1. Initial consultation: We review the facts of your arrest, identify the evidence in play, and outline the defense strategies available in your specific circumstances.
2. Investigation phase: We gather police dashcam and bodycam footage, review the arresting officer’s certification records, obtain breathalyzer calibration and maintenance logs, and examine chain-of-custody documentation for any blood samples.
3. ALR hearing: If you act within 15 days of receiving notice of suspension, we request and represent you at an ALR hearing to contest license suspension separately from the criminal case.
4. Plea negotiations: We engage the Montgomery County District Attorney’s Office on your behalf. If a negotiated resolution serves your interests, we pursue it. If it doesn’t, we prepare for trial.
5. Trial or sentencing: We’ve secured Not Guilty jury verdicts in DWI cases and are prepared to take your case to a jury. Texas law also allows judges to grant community supervision in lieu of jail time for first offenses, though mandatory minimums still apply.

Why Hire Jeremy S. Dishongh Law Offices for DWI Defense

Most DWI defense attorneys in Conroe lead with former-prosecutor credentials. Jeremy Dishongh’s background is different. He came to criminal defense from inside the system, as a Montgomery County probation officer who watched defendants face consequences that competent representation might have changed. That experience shaped a firm built entirely around the defendant’s perspective.

For clients, that perspective has concrete value: close familiarity with how local prosecutors build DWI cases, working relationships with the judges who preside over them, a track record of Not Guilty jury verdicts, and the willingness to defend clients with complex criminal histories and real immigration exposure. Our bilingual staff means Spanish-speaking clients can communicate with our team in their preferred language at each stage of their case, not just at intake.