April 9, 2025
Getting arrested for DWI (Driving While Intoxicated) for the first time in Montgomery County can be overwhelming. You’re likely worried about your driver’s license, your job, and even going to jail. The good news is that a first-time DWI with no prior record is often a hurdle you can overcome with the right help. In this article, our experienced Montgomery County DWI lawyer explains the road ahead in plain language – from the moment of arrest to the final resolution. We’ll walk you through the criminal court process and the separate driver’s license hearing (ALR), potential bond conditions and probation options, and how it’s possible to keep a DWI off your record through dismissal or non-disclosure. Armed with this knowledge and the guidance of a skilled attorney, you can confidently face the charges and work toward the best outcome.
Two Paths After a DWI Arrest: Criminal Case vs. ALR Hearing
After a DWI arrest in Texas, there are two parallel processes you will encounter. The first is the criminal court case for the DWI charge itself. The second is the Administrative License Revocation (ALR) process, which is an administrative proceeding through Texas DPS focused on your driver’s license. It’s important to understand both:
- Criminal Court Case: This is what you typically see on TV – you’ve been charged under the Texas Penal Code for DWI (defined as driving a vehicle in a public place while intoxicated (PENAL CODE CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES)). A first-offense DWI in Texas is usually a Class B misdemeanor, or a Class A if your blood alcohol concentration was 0.15 or above. The criminal case will determine penalties like fines, jail time, or probation.
- ALR License Suspension: Completely separate from the criminal case is the ALR civil proceeding. When you’re arrested for DWI in Texas, the Department of Public Safety (DPS) moves to suspend your driver’s license administratively if you either refused a breath/blood test or took one and failed. You only have 15 days from the date of your arrest (or notice of suspension) to request an ALR hearing to contest this suspension. If you do nothing, on the 40th day after your arrest the suspension kicks in automatically. This hearing is your chance to challenge the license suspension (for example, by arguing the officer lacked probable cause or that procedures weren’t followed). It’s critical to act quickly and request the hearing – missing that 15-day window means you waive your right to fight the license suspension.
In summary, one process (criminal court) will determine guilt or innocence for the DWI charge and potential criminal penalties, while the other (ALR) strictly concerns your driving privileges. Even if your criminal case gets dismissed or reduced, the ALR suspension can still occur if not properly contested, and vice versa. An experienced attorney can handle both proceedings for you. (At The Napier Law Firm, we routinely represent clients at ALR hearings while also defending the criminal DWI charge.)
After the Arrest: Jail, Booking, and Release on Bond
What happens immediately after a DWI arrest in Montgomery County? Typically, you will be taken to the Montgomery County Jail (located in Conroe) for booking and processing. Depending on the time of day, you will see a judge (magistrate) within a few hours or by the next morning. This magistrate hearing is not your trial – it’s an initial appearance where the judge reviews the arrest details (usually by reading the probable cause affidavit) and confirms there is sufficient reason to charge you. If the magistrate finds probable cause, you will be formally charged and then the judge will set your bond and any bond conditions for your release.
Bond Conditions: In many first-time DWI cases, the judge will allow you to be released on bail (either a surety bond or personal bond) with certain conditions attached. These conditions of bond are basically rules you must follow while your case is pending, to ensure public safety and your appearance in court. Common DWI bond conditions in Montgomery County include:
- No alcohol or drug use – You may have to abstain completely and submit to random alcohol/drug testing.
- Interlock device – In some cases (especially if your BAC was high), you might be required to install an ignition interlock on any vehicle you drive, which prevents the car from starting unless you provide an alcohol-free breath sample.
- Monthly reporting or supervision – You could be ordered to report to a pre-trial supervision officer periodically (similar to probation check-ins).
- Travel restrictions – The court can restrict you from leaving the state without permission and require you to surrender your passport.
- No driving without a valid license/insurance – Since a license suspension may be looming, you might be instructed not to drive unless you obtain an occupational license.
Bond conditions can feel burdensome, but it’s very important to strictly follow them. Failure to comply can lead to your bond being revoked – meaning the judge can issue a warrant for your arrest and you could be taken back into custody. If your bond is revoked, you might have to post a new (often higher) bond to get out of jail again, or you could even be held without bond. So, if you’re released with conditions, take them seriously. The good news is that once you hire a lawyer, we can sometimes go back to the judge and request modifications to those conditions if they are especially onerous or not fitting your situation. But until any changes are made, follow the rules to the letter.
Most first-time DWI defendants in our area do get out on bond relatively quickly, often within 24 hours of arrest, once bond is posted and conditions are agreed to. Upon release, you’ll be given a document with your first court date (often called an “arraignment” or initial appearance setting).
The First Court Date is Not Your Trial – Arraignment and Court Process in Montgomery County
It is a common misconception that your first court date after a DWI arrest is when your trial will happen. In reality, the first setting in a misdemeanor DWI case is usually an arraignment. At this hearing, the county court at law judge will formally read out the charge against you, advise you of your rights, and ask for your plea (nearly all defendants plead “not guilty” at this stage, to allow time to review evidence and negotiate). No witnesses testify at an arraignment, and the officer will not be there to present evidence – it’s mostly a brief procedural appearance.
In Montgomery County, Class A and B misdemeanors like first-time DWI are handled in the County Courts at Law (Welcome to Montgomery County, Texas). Currently, Montgomery County has several County Courts at Law (such as CCL #1, #4, and #5) that hear DWI cases (Welcome to Montgomery County, Texas). Your case will be assigned to one of these courts, and the arraignment will occur there. Often, your attorney can appear on your behalf at the arraignment without you needing to be present – another reason it’s good to hire counsel early.
Multiple Court Settings: After arraignment, your case will be set for a series of status hearings or resets over the coming months. This is normal. These interim court dates give your attorney and the prosecutor time to exchange evidence (a process called discovery) and discuss possible resolutions. For example, your attorney will obtain the police reports, body cam footage, breath/blood test results, and any other evidence the State has. Likewise, we can provide the DA with any mitigating evidence or information on your behalf (such as proof of attending AA, clean drug test results, character letters, etc.). Negotiations typically happen at these settings – your lawyer and the prosecutor may discuss whether the case can be resolved with a plea agreement, or if it will be set for trial.
It’s common to have a handful of court dates over several months before a DWI case is ready to be resolved. This timeline can be frustrating, but patience often pays off, allowing your attorney to thoroughly investigate and fight for the best outcome. We will keep you informed every step of the way. Importantly, arraignment and pre-trial settings are not public trials – you won’t be testifying or presenting your full defense yet. If an agreement is reached (for example, reduction or entry into a program), it can be finalized at one of these settings. If not, eventually a formal trial date will be set.
ALR Hearing: Fighting Your License Suspension
Meanwhile, let’s circle back to the ALR hearing (the driver’s license proceeding). If you or your attorney requested a hearing in time, you will get a separate ALR hearing date (often by phone or Zoom in many cases). At the ALR hearing, an administrative law judge (not a criminal court judge) will determine whether DPS has the right to suspend your license. The issues are generally limited to whether the officer had a valid reason to stop and arrest you and whether you failed or refused the breath/blood test according to the law.
This hearing is an opportunity for your lawyer to cross-examine the officer (who often testifies by phone) and challenge any weaknesses in the traffic stop or arrest. If you win the ALR hearing, the proposed suspension is thrown out and your license will not be suspended by DPS. If you lose, the license suspension will be imposed. For a first-time DWI in Texas, a failure of the breath test typically means a 90-day suspension, while a refusal triggers a 180-day suspension. (Those lengths double if you have a prior DWI-related suspension in the past 10 years) These are automatic civil penalties separate from anything that happens in the criminal case.
Occupational License: If your license does end up suspended (whether because you lost the ALR hearing or missed the request deadline), all is not lost. You can usually apply for an Occupational Driver’s License through the court, which is a restricted license that allows you to drive to work, school, and essential household activities during the suspension period. In Montgomery County, an occupational license petition is filed as a civil matter (often heard by a county court at law judge) (Welcome to Montgomery County, Texas). Our attorneys can guide you through this process to minimize the impact on your daily life. Many clients are able to continue driving legally with an occupational license even while their regular license is suspended.
Options for Resolving a First-Time DWI Charge
Every DWI case is unique, but as a first-time offender with no prior criminal history, you are in a favorable position to negotiate a desirable outcome. Prosecutors and courts recognize that people can make a one-time mistake. Here are some common paths to resolution for a first DWI in Montgomery County:
- Dismissal of Charges: The ideal outcome is getting the DWI charge dismissed entirely. This can happen if the evidence is weak or violated your rights – for example, lack of reasonable suspicion for the stop, an improperly administered field sobriety test, or an unreliable breathalyzer result. If your attorney finds a critical flaw in the State’s case, we will press for a full dismissal or file motions to suppress evidence. Another route to dismissal can come through pre-trial intervention or diversion programs. Montgomery County does not have a standardized DWI diversion program like some counties, but on a case-by-case basis, your lawyer may negotiate an agreement with the prosecutors: you complete certain conditions (such as a DWI education class, community service, perhaps a substance abuse evaluation and any recommended treatment, etc.), and in return the State agrees to dismiss the DWI charge. This kind of informal deal essentially “earns” a dismissal by showing the prosecutor that you’re taking steps to address the incident. Dismissal is always our primary goal if it’s attainable, because it opens the door to expunction (complete clearing) of the arrest from your record.
- Reduction of Charges: In some instances, a DWI can be negotiated down to a lesser charge. One common reduction (in some Texas jurisdictions) is to charge the case as Obstruction of a Highway (a Class B misdemeanor) instead of DWI. This is not a conviction for DWI. Or a DWI can often be eligible for deferred adjudication and eventual non-disclosure. Not every county will offer this, and it usually requires legal nuances in the case that justify the reduction. Another possible reduction is to a Reckless Driving misdemeanor. While outright dismissal is better, a reduced charge can be a big win to avoid the stigma and collateral consequences of a DWI on your record.
- Probation (Community Supervision): The most likely outcome for a typical first-offense DWI (if not dismissed or reduced) is a sentence of probation. In Texas, this is called community supervision. You would plead guilty or no contest to the DWI, but the judge “probates” any jail time – meaning you do not go to jail (other than the time after arrest) as long as you successfully complete a period of supervision with conditions. For a first DWI, probation can last up to 1–2 years. Common conditions of DWI probation include: monthly reporting to a probation officer, fines and court costs, DWI education classes, community service hours, an ignition interlock (sometimes), and possibly a substance abuse evaluation or Victim Impact Panel. Crucially, a first-time DWI offender in Texas can now receive deferred adjudication probation in certain cases (if BAC was below 0.15 and no accident involved). Deferred adjudication means the judge does not formally find you guilty – instead, you complete probation and then the case is dismissed. Even regular (non-deferred) probation has its benefits: if you receive probation, it means you avoided a “final conviction” on your record and thus you will not have to pay the DPS State Traffic Fine of $3,000 that applies to DWI convictions. Also, if you get probation, the judge typically will not impose any additional license suspension as part of the criminal case – that avoids a second suspension on top of the ALR suspension. In short, probation lets you serve your sentence in the free world under supervision, and it spares you some of the harsher extras that come with a conviction.
- Trial: Of course, you always have the option to take your case to trial (by jury or judge) if you and your attorney believe you have a strong defense or if the State’s plea offer is unacceptable. At trial, the State must prove the DWI beyond a reasonable doubt. Our firm is fully prepared to fight for you at trial – sometimes even the act of setting a case for trial can motivate a better offer from the prosecution. While trials carry risks (and attorney fees and trial preparation can be significant), they are sometimes the right call, especially if there is a viable chance of acquittal. An acquittal (not guilty verdict) would allow you to immediately expunge the DWI arrest from your record. We will discuss the pros and cons of trial thoroughly so you can make an informed decision. Often for first offenders, we can achieve a good outcome without the cost and uncertainty of a trial, but we will not hesitate to litigate if it’s in your best interest.
Keeping Your Record Clean: Non-Disclosure and Expunction
One of the biggest concerns for first-time DWI clients is: “Will this stay on my permanent record?” Understandably, you want to minimize the long-term impact of this incident on your future employment and reputation. There are legal mechanisms to protect your record even after a DWI arrest, and Texas law has recently become more forgiving to first offenders in this regard.
- Expunction: If your DWI case is dismissed, or if you are acquitted at trial (found “not guilty”), or if the charge is no-billed by a grand jury (in a rare felony DWI scenario), you become eligible to expunge the records. An expunction is a court order that erases the fact of the arrest and charge – it’s as if it never happened. All law enforcement and court records are destroyed or returned to you, and you can legally deny ever being arrested for the offense. This is the ultimate clean slate. First-time DWIs that end in dismissal or not-guilty can be expunged under Texas law (though you may have to wait for any related ALR suspension to conclude). Our firm will help you file an expunction petition when eligible. It’s a separate civil proceeding, but absolutely worth it for your peace of mind and future opportunities.
- Non-Disclosure (Sealing): What if you received probation for a first-time DWI – is there still a way to clean your record? Yes. Texas now allows certain first-time DWI convictions to be sealed from public view through an Order of Non-Disclosure. This is a relatively new law (Texas Government Code § 411.0731, enacted a few years ago) that provides a second chance to first offenders. If you successfully complete your DWI probation (whether regular or deferred adjudication), you can petition the court for an order of non-disclosure. Once granted, the record of your DWI is sealed, meaning it will no longer be visible on background checks by the general public, employers, or landlords. Only government agencies (police, courts, etc.) will still have access to it. There are a few caveats: you must have no other criminal convictions on your record, and there is typically a waiting period after probation before you can file (two years if you had an ignition interlock as a condition of probation, five years if you did not). But once the waiting time is up, you file a petition and, if approved, it’s like your DWI never existed to the outside world. This is a huge benefit of getting probation on a first DWI – it’s essentially a one-time opportunity to keep the slip-up hidden from public view. We highly encourage eligible clients to take advantage of non-disclosure. We can handle the filing for non-disclosure when the time comes as part of wrapping up your case. For many first offenders, the possibility of eventual non-disclosure provides peace of mind that their mistake won’t haunt them forever.
(For more detailed information on Texas DWI laws and other criminal law processes, you can explore our firm’s Texas criminal defense resources in the blog section.**)
The Napier Law Firm: Experienced DWI Defense in Conroe and Montgomery County
The complexities of a DWI charge underscore why having a knowledgeable attorney is so important – especially for first-time offenders who have never been in trouble before. At The Napier Law Firm, we focus extensively on DWI defense in Conroe and the greater Montgomery County area (Conroe DWI Attorney | The Napier Law Firm). Our managing attorney, George Napier, is a former Montgomery County prosecutor who has handled hundreds of DWI cases from both sides of the courtroom. We know the local courts, the judges, and the nuances of DWI law. Our team defends both misdemeanor and felony DWI charges, but we have a special passion for helping first-time offenders – people who made a mistake but are otherwise law-abiding citizens deserving of a second chance.
When you hire us, you get a defense lawyer who will personally guide you through every step described above. We will attend your court hearings with you (often you won’t even have to speak in court – we handle it), ensure you understand your options, and fiercely advocate for the best result. Whether that means negotiating a favorable probation deal, pushing for a dismissal, or fighting your case at trial, we are ready. We also take on the ALR license hearing and any related matters (like obtaining an occupational license) so that no aspect of your case is overlooked. Our goal is not just to resolve your case, but to protect your future – your reputation, your career, and your freedom.
We pride ourselves on being approachable and client-friendly. We know that for first-timers, this process is intimidating and maybe embarrassing. We treat our clients with compassion, keep communication open, and make sure all your questions are answered. You will never feel like just another case file to us. At the same time, we are aggressive in the legal arena – Montgomery County prosecutors know that we will hold the State to its burden of proof and that we aren’t afraid to take a case to trial if needed. This reputation often helps us negotiate better outcomes for our clients.
Don’t Face a DWI Charge Alone – We’re Here to Help
A first-time DWI arrest is a serious matter, but it does not mean you are a bad person or that your life is ruined. With the right strategy, you can often avoid the worst consequences and move forward with minimal damage. The key is to be proactive and get qualified legal help as soon as possible. The Napier Law Firm is ready to step in on day one to protect your rights and start building your defense. From fighting the license suspension to navigating the court process and pushing for an outcome that keeps your record as clean as possible, we will be by your side.
If you or a loved one has been arrested for a first-offense DWI in Conroe or anywhere in Montgomery County, don’t hesitate to reach out. Call us or contact The Napier Law Firm (About Us | Napier Law Firm) to schedule a free consultation (Free Consultation | The Napier Law Firm). We’ll review the details of your arrest, answer your questions, and outline a game plan tailored to your case. The consultation is confidential and comes with no obligation. Let us help you face this challenge with confidence. We understand what you’re going through, and we have the experience and dedication to fight for the best possible outcome.
Take the first step toward protecting your future – contact us today, and let’s get to work on your DWI defense.