FAQ

What is a DWI?

DWI stands for driving while intoxicated. In Texas it is a criminal offense that prohibits a person from driving a motor vehicle in a public place while being what is termed intoxicated. People often confuse this term as being drunk. Rather, in Texas it is defined as “not having the normal use or either mental or physical faculties, or having over a .08 blood alcohol concentration. Often clients state, “but I wasn’t drinking.” The loss of the normal mental or physical faculties may be caused by alcohol, drugs, a controlled substance, or some combination thereof.

What is an ALR and how long do I have to request one?

An ALR is an Administrative License Revocation hearing. An ALR is how the Texas Department of Public Safety tries to take your driver’s license. DPS will either allege that you refused the breath or blood test or that your submitted a specimen of blood or breath and it was over the .08 limit. In order for DPS to prevail in this hearing, your government must prove it had probable cause to stop and arrest you. If DPS cannot prove this matter, you win by default. YOU MUST REQUEST THIS HEARING WITHING FIFTEEN DAYS OF YOUR ARREST.

Where will you go to court for an assault or family violence case?

It depends of the level of the offense and the county. Montgomery County has designated family violence courts located in downtown Conroe.

How long will you have to wait while your case is pending?

If it is in Montgomery County, it may not be long. The Montgomery County District Attorney and Montgomery County Judges have decided to fast track these cases to keep you off the street. With little or no investigation, they deem you a dangerous person. You may have one setting and then you will be set for trial.

What if your family member was not hurt and does not want to press charges?

If your case is in Montgomery, Walker, Madison, or Leon Counties, it may not matter. Your district or county attorney may not believe you or your family member. Frequently, you will be forced to trial. Therefore you need a trial attorney that will get the facts straight to the Judge or jury. We are trial attorneys with experience.

What are “conditions of bond” in family violence cases?

In a nutshell, in Montgomery and many other counties, you will be on probation before your case is adjudicated. You read that correctly, you will be on probation before you are proven guilty or not guilty. You will be expected to report to a probation officer, take drug and alcohol tests, in addition to having no contact with the victim, and staying away from the home or workplace of the victim, even if it is your house. Frequently, there are even more punitive measures associated with being on bond in Montgomery County.

What are the consequences of a family violence conviction?

A family violence conviction can cause you to permanently lose the right to possess a firearm for any reason. You may also lose your professional license and may limit many employment opportunities and may even prohibit you from activities such as coaching or managing your children’s athletics and extracurricular activities.