Conroe DWI and DUI Defense Lawyer
Attorney Will Harrison is experienced in helping clients resolve all types of traffic offenses, with extensive experience DUI, DWI, speeding tickets, moving violations, and license suspensions.
With 20 years legal experience in Texas, attorney William Harrison represents criminal law clients in Conroe, The Woodlands, and Montgomery County. Our office is located right next to the Montgomery County Courthouse. We are available via phone or email 24 hours a day.
Contact The Law Offices of Harrison & Dietrich for a free initial consultation with a strong Conroe criminal defense attorney.
DUI and DWI Cases
First and foremost: being charged with drunk driving does not make you guilty. There are many complex laws surrounding these charges. Factors you may not be aware of that impact the legitimacy of a DUI or DWI case include:
- Actions of the officer who arrested you
- Degree to which protocol was followed during the arrest
- The equipment used
- Your criminal record, or lack thereof
- Video evidence
- Field Sobriety Test
The prosecution is aiming to convict you, and will often use any means available to them to do so. With Attorney Will Harrison representing you, you can be confident that your case is in the hands of someone who understands the system, has worked in the Montgomery County courts before and is working on behalf of your best interests.
Because drunk driving is a serious issue that causes great harm to many people, police officers in Texas are often granted leeway in terms of who they arrest and attempt to prosecute in these cases. This is done in an effort to reduce the injuries caused by drunk drivers. With Attorney Will Harrison representing you, you can be certain that you are receiving the full protection the law affords you.
In Texas, What Makes DWI Different from DUI?
All 50 states now have two statutory offenses, DUI (Driving under the influence of alcohol) and DWI (Driving while intoxicated/impaired) or OWI (operating while intoxicated/impaired). In the state of Texas, a person is legally intoxicated and may be arrested and charged with DUI/DWI with a blood alcohol content (BAC) of 0.08% or higher.
However, a DUI offense only requires proof of intoxication, and drivers may be charged with DUI even if his or her BAC is under the "legal limit." There are also other ways to test for intoxication including a breathalyzer test, urine tests, and field sobriety tests such as walking in a straight line. Refusing to submit to a blood, breath, or urine test in Texas carries severe penalties. If an officer has reason to believe that a person is driving while intoxicated, and the driver refuses to submit to a test, the person's driver's license will be automatically suspended for a minimum of 90 days if the person is 21 years of age or older, and for one year or more if the driver is under the age of 21.
It is a criminal offense in all states to drive a vehicle while under the influence of drugs (DUID), or under the combined influence of alcohol and drugs. In this case, you can be charged even if the drugs are not illegal and are prescription or over the counter (OTC) medications if they impair your ability to operate a motor vehicle.
A conviction for a DUI in Texas will have long lasting consequences. Your license may be suspended or permanently revoked, and sentences can range from $2,000 in fines, to community service or up to a year in jail. Conviction means you have a criminal record that will follow you everywhere you go.
A DWI charge requires only proof of BAC at the time of operating a motor vehicle. Alcohol and drug-related traffic offenses, commonly known as driving while intoxicated (DWI), are frequently prosecuted criminal offenses, and also carry with them administrative penalties. If the alcohol concentration in a person's blood, breath, or urine is .08 percent or greater, the person is considered intoxicated by law. In some circumstances, the legal definition of intoxication is met even if a person's alcohol concentration is lower than .08 percent (as in DUI). Having alcohol, a drug, or a controlled substance, including a prescription or over the counter (OTC) drug that impairs your mental and physical faculties is also considered intoxication. If the person is operating a vehicle, vessel, or even water skis in a public place, he or she is considered to be driving while intoxicated, which is a Class B misdemeanor. Also, it is a crime to be intoxicated while boating or operating an aircraft.
The minimum amount of jail time for driving while intoxicated is 72 hours, unless there is an open container of alcohol in the person's possession, in which case the jail time is at least six days. Consuming any amount of alcohol while operating a motor vehicle also is an offense.
In addition to jail time, if you are convicted of DWI, your first offense will results in your driver's license being suspended to no less than 90 days and in some cases one year. If you are not convicted, but you tested positive on the blood, breath, or urine test, your license will automatically be suspended and you may be required to complete a class people for drunk drivers to learn about . A person who fails to complete such a program when sentenced to do so may lose his or her license. A subsequent DWI conviction will result in driver's license suspension for another 18 months. In order to get the license back after the suspension period is over, the person must pay $100.
DWI with a child passenger:
If a person drives while intoxicated while there is a minor under the age of 15 in the car, they are guilty of a felony. Jail sentences range from 180 days to two years and may include penalties up to $10,000.00.
DWI with an accident where serious bodily injury occurred:
This crime is a 3rd degree felony called "Intoxication Assault." If convicted, you may serve a minimum of 2 years in jail, with a maximum sentence of 10 years. Fines up to $10,000.00.
DWI where a death has been caused:
In the case where your drunk driving has caused a death, you will be charged with Intoxicated Manslaughter. Intoxicated Manslaughter and Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies. Those convicted can be sent to prison for a minimum of 2 years, with a maximum sentence of 20 years. Fines up to $10,000.00.
More DUI and DWI Resources
- DUI/DWI Laws at the Insurance Institute for Highway Safety
- The Unofficial Guide to the DMV
- Texas Statutes and Penal Code
- National Conference of State Legislatures
- Texas Department of Transportation
- City of Conroe Police Department
Contact Attorney Will Harrison to discuss your case.