First offense in addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00.(Class B Misdemeanor).
DWI with an accident where serious bodily
injury occurred as a proximate cause of the
intoxication
Upon conviction you may serve a minimum
of 2 years up to a maximum of 10 years in jail.
You may also be fined up to $10,000.00.( 3rd Degree Felony).
DWI where a death has occurred as a proximate
cause of the intoxication
Also known as intoxication manslaughter. This is serious!
Upon conviction you might have to pay a maximum
fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated
Manslaughter or Manslaughter with use of Deadly
Weapon are both 2nd Degree Felonies).
This defense is a lengthy multi-step process. Let me break it down for you so you can better understand how this will work.
1. Probable Cause for a stop.
For a police officer to stop you, there must be some probable cause for the stop. Usually, it is a standard traffic violation that causes the stop.Furthermore, 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. Refusal, 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. 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.
5. 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. I
advise that you request the ALR hearing.
Since an A.L.R. hearing is civil case, we have 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.
6. 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.
7. Plea
If you have an outstanding tape, it is possible, not guaranteed to get a recommendation from the County/District Attorney that
your D.W.I. charge be reduced to an obstruction of a
highway charge, or reckless driving. 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 Travis 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.
8. Trial
If you would like to try the cause, we will likely exercise your constitional right to a jury trial. 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.
9. Expungement of Criminal Records
If not guilty, please 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.
10. Attorney's Fees and Costs
Payment plans are available! I understand
to hire an attorney for your DWI defense
can get expensive. Although it is your right to defend yourself in the court of law it does not come recommended! Cost, aside think about your future and hire an attorney. I care and that is why I am willing to work with you.
That is why we take payment plans, and credit cards.
