Defending a DWI Charge

Defending the D.W.I. case is a multi-step process that begins at "probable cause." 

Below is a list of the steps in the process. Although each DWI case is different, below is a general dicussion of the steps.

1. Probable Cause for a stop

For a police officer to stop you, there must be some probable cause, some reason for the stop, one able to be articulated by the officer to you. More often than not it is some traffic violation causes the stop. If police believe that a crime has been committed or is in the process of being committed, they have the right to detain you further in order to complete their investigation.

• You do not have to do the field sobriety tests.
• You do not have to talk with police officers.
• You do have to get out of your car if asked.

2. Arrest

If the police officer believes that he or she has enough evidence to make a DWI charge, then the officer will arrest and transport you to either their station house or the county jail for further tests. It is here where they conduct further testing and the breathalyzer.

3. Breathalyzer

You do not have to take the breathalyzer. You do not have constitutional right, but you do have a statutory right to refuse. If you refuse, you will deny the prosecution and the state vital evidence to their case. A very good idea. If you refuse, your driver's license will be automatically suspended and the officers will confiscate the license. However, they will give you a temporary license, a paper license, that is good for 45 days. 

4. Blood Testing

If you have been involved in an automobile accident and were transported to a hospital and you were suspected of being intoxicated, it is likely that an officer may visit you at the hospital. You do not have to answer his questions or speak with him/her. You always have a right to counsel, remember that. In the event that you are not able to leave the hospital, the officer may ask you to consent to a blood test. Again, you do have a statutory right to refuse. 

5. Driver's License Suspension

Since you, hopefully, refused the breathalyzer, your drivers license will be suspended. You must petition the court to grant you an "Occupational License" which will allow you to drive during the suspension period. This requires the filing of a Petition for Occupational License, hearing on Occupational License, and Order Granting Occupational License. Further, an occupational license fee of $25.00 must be paid to the Texas Department of Transportation. At the end of your suspension period, the department will return to you your license upon payment of the reinstatement fee of $125.00.

6. Administrative License Revocation Hearing

Because you refused to "blow," you have a right to request an Administrative License Revocation Hearing which must be done within 15 days of your arrest. We advise that you should always request the ALR hearing. Criminal cases do not enjoy the "discovery" powers that civil cases do. There are no interrogatories, request for admissions, or depositions is a criminal matter. However, since an A.L.R. hearing is civil in nature, there is the power to subpoena the police officer to the hearing. This is an opportunity for you to question the police officer as to the reasons he made the stop, and to test his knowledge with regards to field sobriety testing. Further, the District Attorney is not present and is not available to "prep the witness." Requesting an A.L.R. hearing increases the cost of your D.W.I. defense but it is a good idea.

7. Investigation

Administrative License Revocation, copy the breathalyzer room tape, examination of the scene of arrest, interviewing your witnesses, reviewing the police report, etc. are all part of a complete investigation of your Driving While Intoxicated Defenses. If you have a good defense, then we recommend a jury trial. Investigation is part of getting prepared.

8. Plea

If you have an outstanding video tape, it is possible to get a recommendation from the District Attorney that your D.W.I. charge be reduced to an obstruction of a highway charge. This charge is still a Class B misdemeanor, but you can get deferred adjudication which means that, after a period of probation, the obstruction of a highway charge will be dismissed but your record will only show Deferred Adjudication or no finding of guilt. If the D.A. will not recommend a plea reduction, you can still plea to the DWI. In Dallas County, the standard plea is (1) no deferred adjudication, (2) 6 months in jail probated for 2 years, (3) fine, (4) court costs, and other court imposed probationary requirements including payment to crime stoppers, drug and alcohol awareness, and community service among other items. However, because the standard penalty if convicted of a DWI is (1) no deferred adjudication, (2) 6 months in jail probated for 2 years, (3) fine, (4) court costs, and other court imposed requirements, you might as well take your chances with a jury.

9. Trial

If you wish to try the cause, we will try it before the jury. The jury will either render a not guilty verdict or guilty if the government proves their case beyond a reasonable doubt. If found guilty, punishment is usually assessed in the same manner as a straight up plea. If you are found not guilty, you are entitled to have your criminal records expunged. All documents relating to your arrest will be destroyed.

10. Expungement of Criminal Records

If not guilty, have the records expunged. Remove the alcohol related contact from your driving record. Further, you do not want any subsequent D.W.I charge or other criminal matter to reflect this charge.

11. Attorney's Fees and Costs

My fee outline is as follows:

$1,500.00 for a straight up plea to the D.W.I. This figure is a standard criminal defense attorney fee in Dallas, Texas. Almost all attorneys charge the same. 

An additional $750.00 for an occupational license. Dallas attorneys generally charge anywhere from $750.00 to $1500.00 for occupational licenses. 

An additional $750.00 for the A.L.R. hearing. 

$3,500.00 jury trial of the cause. All of our cases are tried before the jury. Some attorneys differentiate between a trial before the court and trial before the jury. I will not hold your trial before the Court, most jury members have had a glass of wine, or beer and then driven and also, have never heard a DWI trial before. Most judges have seen the same defense tactics a thousand times and are hardened to them.

The above quoted fees do not include additional expert witnesses and multiple offenders/charges. There will be an additional charge if you require an expert witness or have been charged with other offenses. 

Payment plans are available.