The last thing you want to see after a night out drinking is police lights flashing in your rearview mirror. As the threat of criminal prosecution and a lengthy license suspension hangs over your head, it can be difficult to know where to turn and whom to trust. If you’re charged with a DWI, I can help you through the legal process, from assessing evidence to representing you at trial. I will scrutinize your case’s specifics using my knowledge of local laws, aim to challenge the prosecution’s evidence, seek to minimize potential penalties, and protect your rights.

While your situation may seem dire, it is important to know that there is hope. If you have been charged with driving while intoxicated (DWI), I can advocate on your behalf and fight to reduce your charges, have them sealed, or, when possible, have them dismissed.

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

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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.

Court proceedings in a DWI case involve multiple steps, including:

• The arrest

• Booking

• Initial appearance

• Posting bond

• Administrative license suspension

• Pretrial motions

• Plea bargaining

• Trial

• Sentencing

Comprehending each step becomes significant, particularly in cases involving drunk drivers.

These court sessions involve:

• Arraignment

• Motions-based pretrial proceedings

• Plea deals

• A jury trial

It’s important to realize that misdemeanor cases, including many drunk driving accident cases, are typically managed through plea bargaining and involve less time for discovery and trial preparation. After being released from jail, it typically takes 8-10 months to resolve a DWI case.

A DWI defense lawyer has a significant role in your DWI case. Their responsibilities include:

• 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.

When evaluating a case, DWI defense lawyers review the details and evidence, understand the charges against the defendant, and identify any procedural errors or questionable evidence that could be challenged. This process plays a key role in constructing a solid defense, which includes thoroughly examining the evidence, questioning the accuracy and reliability of tests like breathalyzers and field sobriety tests, and ensuring that your rights were upheld during the police investigation.

Frequently Asked Questions

What are the odds of getting dismissed for a DWI in Texas?

The odds of getting dismissed for a DWI in Texas are approximately 10 to 15 percent. This means there is a chance of having the charges dismissed, but it is not guaranteed. However, the final amount can vary significantly based on the unique circumstances of each case.

How do I win a DWI case in Texas?

To win a DWI case in Texas, you’ll need to protect your rights, gather evidence to support your case, and dispute the state’s evidence against you. It’s important to be prepared for a challenging legal process, but these steps can strengthen your defense as well as assistance from a DUI accident lawyer.

What is the best-case scenario for a DWI in Texas?

The best-case scenario for a DWI in Texas is getting the charge dismissed, as it’s possible to beat a DWI charge and avoid a conviction, particularly as it is a Class C Misdemeanor in Texas. 

A DWI defense lawyer evaluates your case by considering various factors such as the circumstances surrounding the traffic stop, breathalyzer results, and other evidence to be presented in court. They also take into account the legality of the traffic stop that resulted in the drunk driving charge to determine the next course of action.

Early case assessment is significant as it allows for a thorough evaluation of legal liability and potential costs at the outset of the case. It aids in comprehending all facets of the litigation and can aid in preventing reoffending and managing addiction or dependence. DWI defense lawyers also take into account factors such as the attorney’s experience, practice areas, reputation, and legal costs when evaluating a case.

In some cases, a personal injury lawyer or a DUI accident attorney may also be involved if there are injuries sustained in a drunk driving accident, particularly when handling a drunk driving accident case or seeking assistance from drunk driving accident lawyers for drunk driving accident victims.

Constructing a solid defense in a DWI case demands a comprehensive understanding of the law and meticulous attention to detail. A DWI defense lawyer can contest the credibility of evidence by:

• Revealing contradictions within witness testimony

• Scrutinizing the narrative for discrepancies between claims and facts

• Analyzing data for errors and biases

Furthermore, a DWI defense lawyer can utilize typical errors made by police officers in DWI cases, such as improper reasons for stopping a driver, errors in the arrest process, and failures in obtaining a search warrant for blood samples. These issues are often subject to litigation and can substantially impact the result of a case.

In court proceedings, a DWI defense lawyer:

• Advocates on behalf of the client

• Presents the defense’s case

• Cross-examines witnesses

• Argues legal points

The ultimate goal is to achieve a dismissal or reduction of charges and minimize potential penalties, especially in drunk driving accident cases.

The specific duties of a DWI defense lawyer in the context of court proceedings encompass:

• 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.

Contesting evidence and safeguarding your rights are key aspects of a DWI defense. This involves confronting all witnesses and challenging all evidence presented in the case, especially in cases involving a drunk driving accident.

For instance, field sobriety test results can be challenged by questioning their accuracy and reliability, arguing that such tests are not 100% accurate and may be influenced by factors unrelated to alcohol consumption. Moreover, individuals have the right to refuse these tests without mandatory compliance. It is within your rights to decline these tests.

A DWI defense lawyer can contest the precision of a breathalyzer test by:

• 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.

In Texas, the components of a valid field sobriety test include three types of tests: the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn (WAT) test, and the One-Leg Stand test. It is within your rights to decline these tests.

Typical causes of inaccurate field sobriety test outcomes involve:

• 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

Established police protocols during a DWI arrest involve the transportation of individuals to the local jail or police station, their booking, and placement in a holding cell until the initial hearing. This process typically encompasses three phases: vehicle observation, driver interview, and field sobriety tests conducted in accordance with National Highway Traffic Safety Administration (NHTSA) guidelines.

However, the police can make mistakes. Typical breaches during a DWI arrest encompass:

• 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.

Failure to adhere to proper procedures during a DWI arrest may result in the court excluding the collected evidence, which could potentially lead to the dismissal of the charges.

Jail Time and Fines

Upon a first DWI conviction, an individual may be subject to a maximum of 180 days in jail. However, the specific minimum jail time is not stipulated. Multiple DWI offenses result in heightened penalties, potentially including 2-10 years of imprisonment for second, third, or subsequent offenses.

The fines for a DWI conviction can reach up to $3,000.00 for a first offense, with the minimum fine not being specified. The severity of jail time and fines for a DWI case can vary considerably depending on the specific details of the case, including the number of prior offenses.

License Suspension and Other Penalties

The standard duration of a license suspension for a first-time DWI conviction is 90 days to one year. Upon completion of the court-imposed penalties, the individual must formally request the Texas DPS for the reinstatement of their driver’s license. This process generally spans 2-3 months and necessitates the payment of a reinstatement fee.

The costs associated with license reinstatement after a DWI conviction include a $125 administrative license fee for suspensions and a $100 fee for DWI convictions or traffic offenses. Another potential repercussion of a DWI conviction could be the requirement of an ignition interlock device. Please be aware that legal regulations including potential dollar amounts may change over time. For the most current and accurate information, consult with legal assistance to ensure accuracy in your specific case.

Facing drunk driving charges can seem like a dire situation. However, roadside tests can give the wrong impression, leaving you with overwhelming criminal charges. I can help you build a strong defense to protect your reputation.

Texas has some of the harshest penalties for DWI in the nation. Since certain DWI convictions can cause a person to face up to 10 years in prison, you must contact me as soon as possible to evaluate your situation and determine the most appropriate strategy to pursue in your defense.

Mitigating penalties and pursuing alternative sentencing make up key aspects of a DWI case. This involves plea bargaining and exploring alternative sentencing options.

Plea bargaining in DWI cases involves:

• 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.

Plea bargaining in the context of DWI cases involves a negotiated agreement between the prosecution and the defense to settle a DWI case without proceeding to trial. The potential advantages of this process may include mitigated penalties, such as decreased fines and reduced incarceration, or a downgraded charge to a lesser offense, which can prevent a DWI conviction from being recorded on one’s criminal history.

A DWI defense lawyer can offer assistance in plea bargaining through negotiation with the prosecution to secure a plea bargain agreement, which may lead to decreased penalties for the defendant. They may present mitigating evidence, contest the prosecution’s case, or emphasize legal errors and procedural matters to impact a favorable plea bargain result.

Alternative sentencing options such as probation or community service may be available in your case, depending on the specifics of your case and the court’s discretion. Probation is a substitute sentencing option in DWI cases that encompasses community supervision, enabling individuals convicted of DWI to fulfill their sentence outside of incarceration.

Community service can be mandated as an alternative sentence for a DWI conviction, involving tasks designated by the court that serve the community. The court mandates a screening and evaluation process to determine eligibility for alternative sentencing in DWI cases. This is usually applicable to individuals convicted of a 2nd DWI or those with special circumstances justifying consideration for alternative programs.

I hold the belief that client communication and support form key elements of a successful DWI defense. This includes providing you direct attorney access and ongoing support and guidance throughout the entire legal process.

As my client, you can expect the following benefits:

• Direct access to me, not an intern

• Clear and effective communication throughout the legal process

• Timely exchange of information

• Addressing concerns or questions promptly

Having direct access to an attorney in a DWI case ensures effective communication and a smoother legal process.

Having direct access to your attorney is key in amassing all the necessary information and evidence to build a solid defense strategy, tailor-made to the specifics of your case.

I believe in providing ongoing support and guidance throughout the entire legal process and treating my clients with respect and care. Ongoing support from a DWI defense lawyer involves managing the specifics of your case and coordinating essential services like substance abuse therapy, mental health counseling, and educational classes.

How I Can Help You:

Being charged with a DWI in Texas can be a stressful and life-altering experience. However, understanding the legal process, knowing your rights, having a competent DWI defense lawyer, and being aware of potential penalties and alternative sentencing options can make the process less daunting and help you navigate this challenging situation more effectively.

When you hire me, I will appraise your case, construct a solid defense, and advocate for your rights in court. I have substantial litigation experience, having successfully conducted over 100 jury trials in various cases. This impressive track record is a key factor in my strong reputation in criminal defense, particularly in DWI cases.

I treat my clients with respect and care and make them feel like part of my family. I fight hard against prosecutors on behalf of my clients. 

I understand that good people sometimes find themselves in difficult circumstances. Do not make the mistake of leaving your future in the care of an inexperienced public defender. Let me put my experience and vast legal knowledge to work for you so that you can achieve much-needed peace of mind during this uncertain time.

Call me at 210-971-4888 or contact me online to get started. Initial consultations are always free.