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DRIVING WHILE INTOXICATED (DWI)
So you have been charged with DWI (Driving While Intoxicated or Drunk Driving).
What happens next?By now you should have posted bond and you have received a date to appear in Court to answer the charges. If bond has not been posted, call us to discuss how to get your loved one home.
THE PROCESSYour first step should be to hire an attorney whom you feel confident in and who also makes you feel comfortable. I know that you feel you want to proclaim your innocence to the entire world right now, but it is probably better to speak with a professional first because sometimes words can be misinterpreted. So don’t speak to anyone about your case right now and proclaim your innocence to me first. As an attorney, our communications are confidential and my legal obligation is to help.
As your attorney, I will, in most cases, begin with reviewing the evidence in your case and speaking with the witnesses, the officers, the District Attorney or prosecutor, the Judge, and ultimately eloquently presenting your innocence to the Jury if your case needs to go that far. Your first court date will not be your trial date. Usually there will be two or more court dates so that your attorney can discuss the case with the prosecutor and Judge before a decision to have a jury trial is set. This time also gives us time to prepare our defense and hire our experts, such as a police procedure expert, sobriety expert, intoxilyzer expert(blood alcohol concentration machine), field sobriety test expert (walking the line, standing on one foot, HGN or Horizontal Gaze Nystagmus (the follow the pen test)expert, toxicologist, a doctor, or an accident reconstructionist.
DWI OR DUI (Driving While Intoxicated or Drunk Driving)When preparing a defense for a DWI OR DUI (Driving While Intoxicated or Drunk Driving)we start with interviewing our client and reading what the charging officer and his complaint state. We then compare this information with the law, the science, and the facts. There are also special legal precautions to take to help preserve your right to drive. DWI or DUI Q&A: Q: What am I looking at if I win?
A: Your Freedom
Q: What am I looking at if I am convicted of DWI ?
A:If you are convicted of DWI with no other class B misdemeanor or higher convictions on your record, the following ranges of sentencing or punishment apply:
FIRST DWI: Probation or 3 days to 180 days in the county jail
Second DWI: Probation or 30 days to one year in the county jail
Third DWI: Probation or 2 years to 10 years in prison (TDC Texas Department of Corrections, TDCJ Texas Department of Criminal Justice)
If you have three or more previous DWI OR DUI (Driving While Intoxicated or Drunk Driving, or Driving under the influence of Drugs)or you hurt someone or killed someone as a result of DWI OR DUI (Driving While Intoxicated or Drunk Driving, or Driving under the influence of Drugs), please read the remaining sections and speak to an attorney immediately. If this is your first time being charged with DWI, there was no accident, and your blood alcohol level was below .15, you have a good chance of having your case dismissed. If there are other circumstances in your case, I can help you successfully resolve the charge(s) against you.