If you have been arrested for DWI, you are involved in the criminal legal process.

First, you should KNOW YOUR RIGHTS!

1. You have a right to remain silent. That is, you do not have to answer any questions which a police officer asks you during a DWI encounter. Remember: everything you say (even things which you may think are helpful to you) will be used against you.
2. You are not required to perform field sobriety tasks. If you believe that you may be intoxicated, a polite refusal to perform these tasks will benefit you greatly in the inevitable proceedings which will follow. Politely refuse and look down or away when the officer attempts to perform the "pen test" on your eyes. Remember: if it is after dark and you have the odor of an alcoholic beverage on your breath, the officer is going to arrest you whether or not you think you have passed the tests.
3. You have a right to refuse a breath or blood test. You are not required to blow into the hand-held machine at the scene of the traffic stop. There is no penalty for this refusal. The results of this machine are not admissible in court. If you are asked to perform a breath test after you are arrested and while you are at the police station, you are not required to submit to this test. There is currently no criminal sanction for this refusal. However, there is a potential drivers license suspension sanction for a refusal.
4. You have a right to a hearing before your license is suspended. Whether you fail a breath test or you refuse a breath test, the Department of Public Safety will attempt to suspend your drivers license. However, they are not always successful. You or your lawyer MUST request that hearing WITHIN 15 DAYS OF YOUR ARREST DATE or the hearing is WAIVED AND YOUR LICENSE WILL BE AUTOMATICALLY SUSPENDED. Call us today for more information on requesting a hearing (210)226-8021.
5. You have a right to a lawyer and a jury trial. Most people believe that they have hopeless cases, that a defense is too expensive, that most people lose their cases, and that a guilty plea is their best and cheapest option. All of these concerns are inaccurate assumptions, or just plain wrong! You are not in a position to judge your case, you need a lawyer.
• Many lawyers now take credit cards or other means of payment.
• Modern jurors are aware of the problems associated with police officers in traffic stops, and they find people not guilty in DWI cases every day.
• There is very rarely a "hopeless" case. This is an evaluation which only can be made with the advice of counsel.
• Probation means a criminal conviction which remains on your record for the rest of your life. You must pay a fine, pay court costs, do dozens of hours of community service, take psychological evaluations, report monthly to a probation officer who has the power to put you in jail for failures of your probation conditions, take urine tests, refrain from the use of alcohol and going to places where alcohol is served, and in some counties in Texas the judges will require you to serve a jail sentence as a condition of probation.
• If it is your second DWI, the jury is ordinarily not allowed to know of your prior conviction. Since a prior offense is a punishment issue, going to the court for punishment effectively prevents the jury from knowing about your prior case when they determine your guilt or innocence.

There are many other reasons why a guilty plea may not be the first and best option for a first or second DWI offender.

TREAT THIS CHARGE SERIOUSLY

This is a criminal matter, and you could be sentenced to jail. You can lose your drivers license for months or even years. Probation is a conviction, and it will remain on your record for the rest of your life. Getting your license back from the Department of Public Safety and keeping it can cost you thousands of dollars over a three year period – up to $6,000 for first offenders who have a breath test results of .16 or greater. You could be required to place an ignition interlock (breath testing device) on your car. If your job requires you to drive, you may lose your job if you are convicted or your license is suspended. There are other serious collateral consequences to DWI which can be more serious than the punishment.

HIRE A DWI LAWYER

Over the last 15 years the DWI laws have become increasingly complex, involving chemistry and other forensic sciences, constitutional law and administrative laws which change frequently. Often the general practitioner is not equipped to adequately address all of the legal concerns found in the DWI case. Many lawyers who advertise that they “handle” DWI cases are talking about working out the best and fastest guilty plea. DWI lawyers DEFEND people on DWI charges. Usually the DWI lawyer is the best advocate for you in court because he is better trained and has the experience necessary to try your case.

DO NOT RELY UPON THE EASY ADVICE OF FRIENDS OR FAMILY UNLESS THEY ARE DWI LAWYERS

There was a time in the past when a friendly policeman, judge or lawyer could make some sort of “back room” deal to make the case go away. THOSE DAYS ARE GONE! It doesn’t matter if you or your friend or your family know the policeman, the judge or the prosecutor. That won’t help you. There are too many politicians, special interest groups or news reporters watching the elected officials who are in charge of your case to allow special treatment to occur. In fact, if you are politically connected or have a high-profile job, these factors could work against you because the judge and the prosecutor may wish to demonstrate to the voting public that they do not “play favorites.”

ACT PROMPTLY

The first few days can be important in the investigation and presentation of your case, especially if there is an accident. Additionally, you only have 15 days to protect your drivers license from being suspended by requesting the hearing. If you do not know exactly what to do about that, contact a lawyer.

BE RESPONSIBLE ABOUT ATTORNEYS FEES, BUT DO NOT BASE YOUR DECISION ON WHO IS THE LEAST EXPENSIVE LAWYER.

Naturally, high attorneys fees are frightening and frustrating. However, the lowest bidder usually is not the best DWI lawyer. Often lawyers will break the fee up into portions with the lowest portion being a retainer, but if you want a trial the fee will be much more money. Make your decision first upon what you want to do with your case. If you cannot or do not want to plead guilty make certain that the DWI lawyer is the experienced professional that you need, then consider the price.

CASE PREPARATION AND EVALUATION

In each case where the individual comes to this office within 15 days from the date of arrest the following defense tactics will be applied:

Request a license suspension hearing

Set the matter for an immediate hearing

Obtain all discovery documents of the arrest including the officer’s narrative report, the jail interview, legal documents read to or given to the client, the breath test slip and any certification of the State’s breath test expert concerning the operating condition of the machine used for testing.

Subpoena the police officer and have him personally served with a subpoena to appear at the hearing as soon as possible.

Aggressively conduct the defense at the license hearing and take the sworn testimony of the police officer concerning his report and his memory of events at the time of the arrest.

Obtain a copy of the transcript of the hearing when necessary and conduct any appeal from the hearing concerning the license

Protect your driving privilege

Once the hearing has been requested the State may not suspend your license unless the judge rules against you at the hearing.

We aggressively contest these hearings. However, if we lose the hearing we will obtain an occupational drivers license immediately. Second and third offenders have a statutory waiting period before an occupational license may be obtained.

If your license is suspended it is not a permanent stain on your record. If we win your case, the suspension may still be erased under most circumstances.

Aggressively prepare a defense for the DWI trial

Based upon the client interview, obtain the testimony of each witness and subpoena those who will not appear voluntarily.

Obtain a copy of the State’s video tape of the stop, arrest and field sobriety tests.

File pretrial motions in order to obtain a dismissal of the case based upon lack of probable cause, violation of Miranda vs. Arizona, Sixth Amendment right to speedy trial or any other legal right which has been violated.

File pretrial motions in order to obtain a fair and impartial trial before fair and impartial jurors.

Conduct a jury trial in an aggressive and expert manner with care to preserve the client’s constitutional rights to a fair trial and to the effective assistance of counsel.

Prepare the client for his testimony should that testimony be advisable or necessary in the case

The trial tactics are specific to the individual, but some include demonstrating to the jury the false statements or inconsistent statements and actions of the police officer or other State witnesses; the lack of qualifications of the expert or the lack of opportunity of the witnesses to observe the actual events; the lack of proof of the breath alcohol concentration at the time of driving rather than merely the time of testing (the individual is on trial for driving while intoxicated, not testing while intoxicated)

ERASE YOUR CRIMINAL RECORD

If you win your case before the jury, the fee includes an expunction proceeding which will erase your record of arrest and any record of license suspension, and you may be able to say the you have never been arrest or convicted, and you can deny the existence of the expunction order.

Under certain circumstances, even when the case is dismissed based upon pretrial motions, the arrest record can be expunged.