DWI

Mark Montgomery recently retired from the Houston Police Department and was the Lieutenant over the Houston Police Department’s DWI Task Force.

While over the Houston Police Department’s DWI Task Force, Mark Montgomery observed the daily operations of officers and the policies and practices of enforcement of DWI’s. Now Mark Montgomery aggressively defends someone accused of the crime of DWI.

If someone has been arrested or charged with a DWI or DUI within Houston or the surrounding cities of Baytown, Bellaire, Deer Park, Houston, Humble, La Porte, Pasadena, Pearland, Spring, Webster and West University Place, you need the help of an experienced drunk driving defense lawyer. Mark also defends someone accused in Brazoria, Fort Bend, Galveston, Montgomery, and Waller counties.

The legal limit for intoxication in Texas is a .08 blood alcohol concentration (BAC). However, drivers can be stopped and cited for impaired driving due to alcohol or other drugs regardless of BAC. Texas also has a zero tolerance law; meaning it is illegal for anyone under 21 to drive with any detectable amount of alcohol.

Impairment begins with the first drink. Gender, body weight, the number of drinks consumed and the amount of food in one’s stomach affect the body’s ability to handle alcohol. Women, younger people and smaller people, whether male or female, often have lower tolerances.

If a law enforcement officer asks you to take a blood or breath test to measure how much alcohol is in your system, you should know that if you refuse, you are subject to a 180-day driver’s license suspension. Punishment for DWI varies depending on the number of times you have been convicted.

Texas DWI Laws

There are two separate ways a person may be found legally intoxicated and guilty of DWI in Texas. A DWI charge can occur if a person is operating a motor vehicle on a public street while:

  • Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
  • Having an alcohol concentration of .08 or more. The .08 alcohol concentration definition is only for cases where the person arrested has taken a breath, blood or urine test. If the person did not take one of the tests, the prosecution must prove the person did not have the normal use of his/her mental or physical faculties from drinking alcohol or doing drugs or both a combination of alcohol and drugs. The evidence the prosecution presents at trial is limited to the ingesting alcohol, unless there is some evidence or reason to believe the person could have lost the normal use of his/her faculties from some drug other than alcohol.

Many times a person will make a statement to the police when arrested saying that he/she took a prescription drug. Taking a prescription drug is NOT a defense to DWI. If the prescription is the type of drug that can cause a person to lose the normal use of their mental or physical faculties, they can be found guilty of DWI from the effects the prescription has on their faculties or from the combined effect of the prescription drug and alcohol. The prosecution will generally attempt to prove drug intoxication by having a chemist testify at trial about the effects the alleged drugs (or the combined effect of alcohol and drugs) had on the accused. It is then the jury’s job to determine if they think the person lost the normal use of his/her faculties from taking the prescription drugs.

Your initial consultation on criminal matters is free.

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