DWI with Property Damage

While many arrests for driving while intoxicated (DWI) in Texas are the results of basic traffic stops, some alleged offenders are taken into custody following automobile accidents. Even when such crashes do not result in physical injuries to other parties, such collisions still cause damage to the property of other parties.

When a person is accused of causing property damage after drinking and driving in Texas, it can result in additional criminal charges and possible civil liability for the damage caused as well. A court could order an alleged offender who is convicted to pay restitution to an alleged victim and withhold reinstating his or her driver’s license until the restitution has been paid.

Lawyer for DWI with Property Damage Arrests in Conroe, TX

If you were arrested in Montgomery County for an alleged drunk driving offense involving property damage, it will be in your best interest to retain legal counsel as soon as possible. Evans & Powell, PLLC defends clients accused of various DWI-related crimes in Porter Heights, Oak Ridge North, Cut and Shoot, The Woodlands, Shenandoah, Panorama Village, and many surrounding areas of Montgomery County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who will make every effort to help you achieve the most favorable resolution to your case that results in the fewest possible penalties. Call (936) 622-2000 today to have our lawyers review your case and discuss all of your legal options during a free initial consultation.


Overview of DWI with Property Damage Crimes in Montgomery County


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DWI with Property Damage Charges in Texas

State law in Texas does not have a criminal offense dedicated specifically to DWI causing property damage. Alleged offenders in these cases will instead be charged with two crimes.

If an alleged offender was intoxicated while operating a motor vehicle in a public place, he or she will be charged with DWI under Texas Penal Code § 49.04. Under Texas Penal Code § 49.01(2), intoxicated is defined as an alleged offender either 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.

The other criminal offense an alleged offender will be charged with in DWI property damage cases is reckless damage or destruction under Texas Penal Code § 28.04. A person commits this offense if, without the effective consent of the owner, he or she recklessly damages or destroys property of the owner.


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Montgomery County DWI with Property Damage Penalties

The grading of a DWI offense in Texas is often dependent upon the number of prior times an alleged offender has been convicted of drunk driving. A first offense is usually classified as a Class B misdemeanor, although a first offense involving an alcohol concentration of 0.15 or greater is a Class A misdemeanor. Third or subsequent arrests are usually felony offenses.

Reckless damage or destruction is a Class C misdemeanor. People who are convicted of offenses relating to DWI property damage cases can face any combination of the following penalties, depending on how the underlying drunk driving offense has been classified:

  • Class C Misdemeanor — Fine of up to $500;
  • Class B Misdemeanor — Up to 180 days in jail and/or fine of up to $2,000;
  • Class A Misdemeanor — Up to one year in jail and/or fine of up to $4,000;
  • State Jail Felony — Up to two years in state jail and/or fine of up to $10,000;
  • Third-Degree Felony — Up to 10 years in prison and/or fine of up to $10,000;
  • Second-Degree Felony— Up to 20 years in prison and/or fine of up to $10,000; or
  • First-Degree Felony— Up to 99 years or life in prison and/or fine of up to $10,000.

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Texas Resources for DWI with Property Damage Offenses

Police Reports | Montgomery County Sheriff's Office — Visit this website to access the Montgomery County Sheriff's Office Accident Report Database. In order to locate a report, you will need to either enter the report number or the last name of one of the drivers and the date of the report. You can also find a free copy of a CR-3 Code Sheet.

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

Crash Reports and Records | Texas Department of Transportation (TxDOT) — TxDOT is the custodian of crash records for the State of Texas. On this section of its website, you can learn more about the information required for the release of crash reports. You can also find information about the costs of obtaining crash reports and how to request your own copies.


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Evans & Powell, PLLC | Conroe DWI with Property Damage Defense Attorney

Were you arrested for an alleged drunk driving offense that involved property damage in Montgomery County? Do not make any kind of statement to authorities without first contacting Evans & Powell, PLLC.

Conroe criminal defense lawyers Sean Evans and Frank Powell represent individuals all over the greater Montgomery County area, including Willis, Woodbranch, Patton Village, Pinehurst, Splendora, Magnolia, and several other nearby communities. You can have our attorneys provide a complete evaluation of your case when you call (936) 622-2000 or submit an online contact form to schedule a free, confidential consultation.


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