DWI Not Guilty in Montgomery County
Case details
- Trial team: Abigail Cecilia ‘Abby’ Keese
Kaylyn Grace Foreman
Dunham & Jones attorneys Kaylyn Foreman and Abby Keese secured a NOT GUILTY verdict for a client charged with DWI in Montgomery County.
Case Summary
- Outcome: NOT GUILTY (jury verdict)
- Charge: DWI
- Location: Montgomery County
- Trial type: Jury trial
- Deliberation time: More than an hour
- Defense attorneys: Kaylyn Foreman and Abby Keese
- Why it mattered: A chemical test is one piece of evidence. The State still has to prove intoxication beyond a reasonable doubt, and questions about how a sample was handled and analyzed can matter to a jury.
What Happened at Trial
The State alleged that our client was intoxicated while driving. The case went to a jury trial in Montgomery County, where the State relied on a blood test, an officer’s observations, and a lab analyst’s opinion about alcohol levels at the time of driving.
The reported blood alcohol result was 0.077, and no drugs were detected. The client took only the horizontal gaze nystagmus test and declined the other roadside tests. The defense cross-examined the State’s witnesses about how the blood sample was stored and handled before testing, and about the limits of the lab analyst’s extrapolation opinion.
After the jury deliberated for more than an hour, it returned a verdict of NOT GUILTY.
Facing a DWI Charge?
If you or someone you care about has been charged with DWI in Montgomery County, the attorneys at Dunham & Jones can review the evidence and explain your options. Call 800-499-8455 to request a complimentary case review, or read more about our criminal defense practice area.
Results depend on the facts and circumstances of each case. Past results do not guarantee a similar outcome. This page is general information and is not legal advice.
Frequently Asked Questions About This Case
What does a charge of DWI mean in Texas?
Driving while intoxicated, or DWI, is a Texas offense that accuses a person of being intoxicated while operating a motor vehicle in a public place. Intoxication can be alleged based on loss of the normal use of mental or physical faculties, or on an alcohol concentration of 0.08 or more. A DWI charge is an accusation, not proof of guilt.
What must the State prove to convict someone of DWI?
The State must prove beyond a reasonable doubt that the accused was intoxicated and that the person was operating a motor vehicle in a public place. Evidence may include driving, field sobriety tests, video, and chemical test results, but a test result alone does not automatically answer every question. The jury decides whether the State met its burden.
What is the penalty for a first-offense DWI in Texas?
A first-offense DWI is generally a Class B misdemeanor with a minimum of 72 hours in jail under Penal Code Section 49.04(b). A Class B carries up to 180 days in jail and a fine of up to $2,000 under Section 12.22. It is a Class A misdemeanor, with up to one year and $4,000 (Section 12.21), if a test shows 0.15 or more under Section 49.04(d).
What happened in this Montgomery County DWI case?
Kaylyn Foreman and Abby Keese of Dunham & Jones defended a client charged with DWI in Montgomery County. The defense challenged how the blood sample was stored and handled and questioned the lab analyst’s extrapolation opinion. The jury returned a not guilty verdict after deliberating for more than an hour.
What should I do if I am charged with DWI in Montgomery County?
Speak with an experienced Texas criminal defense lawyer as soon as possible, and avoid discussing the accusation with police, the complaining witness, or anyone else until you have legal advice. Early preparation, including preserving video and records and identifying witnesses, can shape the outcome. Dunham & Jones offers a complimentary case review.
How can I contact Dunham & Jones about a criminal charge in Texas?
Call Dunham & Jones at 800-499-8455 or visit dunhamlaw.com to request a complimentary case review. The firm represents clients in misdemeanor and felony cases across Texas, with offices in cities including Amarillo, Austin, Dallas, Fort Worth, Houston, Midland, San Antonio, and El Paso.