DWI

Every state in the nation has laws prohibiting drunk driving. Often referred to as driving under the influence (DUI) in other jurisdictions, drunk driving offenses are referred to as driving while intoxicated (DWI) in Texas.

Arrests for DWI in the greater Montgomery County area can be extremely embarrassing and confusing experiences, but it is important to remember that being charged with this kind of crime is not the same as being convicted. When police officers make certain errors or violate the rights of alleged offenders, prosecutors can often be forced to reduce or dismiss the criminal charges.

Lawyer for DWI Arrests in Conroe, TX

Were you recently arrested for an alleged drunk driving offense in Montgomery County? You will want to seek legal representation as soon as possible. Contact Evans & Powell, PLLC today.

Conroe criminal defense attorneys Sean Evans and Frank Powell represent clients accused of all kinds of DWI crimes in communities throughout Montgomery County, including The Woodlands, Pinehurst, Shenandoah, Willis, Oak Ridge North, Patton Village, and many others. You can have our lawyers provide an honest and thorough evaluation of your case when you call (936) 622-2000 to take advantage of a free, confidential consultation.


Montgomery County DWI Information Center


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DWI Definitions in Texas

Texas Penal Code § 49.04 establishes that a person commits the crime of DWI if he or she is intoxicated while operating a motor vehicle in a public place. Intoxicated is defined under Texas Penal Code § 49.01(2) as meaning:

  • 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 0.08 or more.

An alcohol concentration (more commonly referred to as blood or breath alcohol concentration or BAC) is defined under Texas Penal Code § 49.01(1) as meaning the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.

Texas Health and Safety Code § 481.002(5) defines a controlled substance as “a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4.  The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.” Drug is defined under Texas Health and Safety Code § 481.002(16) as a substance, other than a device or a component, part, or accessory of a device, that is:

  • recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or a supplement to either pharmacopoeia or the formulary;
  • intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
  • intended to affect the structure or function of the body of man or animals but is not food;  or
  • intended for use as a component of a substance described by any of the three aforementioned paragraphs.

Texas Health and Safety Code § 483.001 defines a dangerous drug as “a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act).” The term includes a device or a drug that bears or is required to bear the legend "Caution:  federal law prohibits dispensing without prescription" or "Rx only" or another legend that complies with federal law; or "Caution:  federal law restricts this drug to use by or on the order of a licensed veterinarian."


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Types of DWI Charges in Montgomery County

Evans & Powell, PLLC handles a wide variety of drunk driving cases. Some of the most common DWI charges that our firm defends people against include, but are not limited to:

  • Intoxication Assault;
  • Intoxication Manslaughter;
  • Boating While Intoxicated;
  • Flying While Intoxicated;
  • Impaired Driving;
  • Drug Related DWI;
  • DWI with BAC over 0.15;
  • Enhanced Offenses and Penalties;
  • Related DWI Offenses;
  • DWI Testing;
  • SR-22 / Vehicle Insurance;
  • No Refusal Weekends.

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Texas DWI Resources

Police Department | City of Conroe — Visit this website to learn more about the Conroe Police Department. Find information about the agency’s mission, vision, values, and administration. You can also access crime mapping and accident reports.

Conroe Police Department
2300 Plantation Dr.
Conroe, TX 77303
(936) 522-3200

Montgomery County Sheriff's Office — On this website, you can find information about the Sheriff’s Office for Montgomery County. Read recent news and learn more about the agency’s different divisions. You can also find various community resources.

Montgomery County Sheriff's Office
1 Criminal Justice Dr.
Conroe, TX 77301
(936) 760-5800


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Evans & Powell, PLLC | Conroe DWI Defense Attorney

If you were arrested anywhere in the Montgomery County area for an alleged drunk driving offense, it is in your best interest to not say anything to authorities without legal counsel. Evans & Powell, PLLC defends individuals in Magnolia, Woodbranch, Panorama Village, Splendora, Cut and Shoot, Porter Heights, and many surrounding areas of Montgomery County.

Sean Evans and Frank Powell are experienced criminal defense lawyers in Conroe who will fight to help you achieve the most favorable resolution to your case, including possibly having the criminal charges minimized or completely eliminated. Call (936) 622-2000 or complete an online contact form to have our attorneys review your case and help you understand all of your legal options during a free initial consultation.


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