The first step in the legal process is understanding the legal definitions of DWI and DUI. In Texas, DWI is the term for operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or greater, while DUI is a specific charge for minors under 21 who have any detectable alcohol in their system.
Interestingly, a driver can still face a DWI conviction if their consumption of alcohol, drugs, or both impairs their mental or physical faculties, even if their BAC is lower than 0.08. This factor plays a significant role, particularly in drunk driving accidents involving an intoxicated driver. Given these complexities, a skilled drunk driving accident lawyer becomes indispensable to help comprehend your rights and construct a solid defense.
Following an arrest for DWI, the defendant, often referred to as the drunk driver, is taken to jail for processing. This process may include:
Fingerprinting
Mugshot
Collecting personal information
Inventory of personal belongings
Medical evaluation
Breathalyzer or blood test
Booking into a jail cell
This process may extend to, and occasionally exceed, 24 hours, especially in cases involving drunk driving accidents.
During this phase, the defendant will appear before a magistrate judge. The judge is responsible for setting bond amounts and other conditions of release. An important consideration at this stage is the potential suspension of your license if you decline to provide a breath or blood sample. This is particularly significant in cases involving drunk driving crashes. A drunk driving accident lawyer can be invaluable in navigating this process and ensuring your rights are protected.
The arrest
Booking
Initial appearance
Posting bond
Administrative license suspension
Pretrial motions
Plea bargaining
Trial
Sentencing
Arraignment
Motions-based pretrial proceedings
Plea deals
A jury trial
Assessing the specifics of your case
Building a strong defense strategy
Representing you in court proceedings to fight for your rights and seek the best possible outcome.
Revealing contradictions within witness testimony
Scrutinizing the narrative for discrepancies between claims and facts
Analyzing data for errors and biases
Advocates on behalf of the client
Presents the defense’s case
Cross-examines witnesses
Argues legal points
Representing and advising clients facing DWI charges
Ensuring the integrity of the trial process
Possessing a comprehensive understanding of the charges and pertinent legal statutes
Pinpointing vulnerabilities in the prosecution’s case
Formulating defense strategies to advocate for the client.
Scrutinizing the maintenance and calibration records of the breathalyzer machine
Inquiring about the qualifications and training of the officer conducting the test
Disputing the reliability of the test results considering factors such as medical conditions or environmental influences that may impact the accuracy of the test.
External factors like weather conditions or distractions
Performing the test on an uneven or slippery surface
Administering the test as a routine part of a suspected drunk driving stop
Not adhering to established procedures
Misinterpreting field sobriety tests
Incorrectly administering breathalyzer tests
Inadequate DUI investigation
Unauthorized sobriety tests
Delayed BAC testing
Violations of search and seizure rights
Neglecting to inform suspects of implied consent laws.
Engaging in discussions with legal representation
Negotiating terms with the prosecutor
Ultimately entering a plea of guilty to reduced charges in return for mitigated consequences.
Direct access to me, not an intern
Clear and effective communication throughout the legal process
Timely exchange of information
Addressing concerns or questions promptly