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DWI Defense & DWI-Related Services
The offense of Driving While Intoxicated
is different from many other offenses. There is usually
a videotape of your arrest, and subsequent interrogation
at the police station. Police have specific procedures
in which to gather evidence for a DWI conviction, such
as requesting that you perform field sobriety tests
(FST’s) on the side of the roadway, and requesting
that you give a breath test to attempt to determine
the presence and amount of alcohol in your body.
When a client hires me to defend a
DWI charge, I examine all of this evidence, to make
a determination of whether or not the State would likely
be able to prove the client guilty at trial. The police
have to follow specific procedures to make the arrest
and subsequent conviction valid. You need the advice
of an attorney in order to analyze your case, and see
if it is a good case against you.
A DWI arrest presents other problems
for the client, in addition to the criminal charge itself.
First and foremost, if you are arrested for a DWI, then
your driver’s license will likely be suspended,
even if you have not yet been convicted of the DWI.
You have only ten (10) days from the date of your arrest
to request a hearing to determine whether your driver’s
license will be suspended. If you do not request this
hearing, your license will automatically be suspended.
Should your license be suspended, you may request that
the Court grant you an occupational driver’s license,
so that you can drive to and from work and/or school,
and for household purposes.
I generally only defend Denton county
cases, but may take cases in other counties. If the
case is in another county, there will be an additional
fee for travel, determined on a case-by-case basis.
There are two ways I can take care
of your DWI case. The basic difference between them
is that one does not require a judge or jury trial;
the other does.
New
Cases
- Basic Representation
This service includes securing either a dismissal,
lowering of the charge, or acceptance of the best
possible plea deal on the client’s behalf
(often probation). I will either send the court
a letter of representation, or appear at a pre-trial
hearing on behalf of the client, so that I become
the client’s attorney of record. I will meet
with the client to get the information about the
arrest, and any extenuating circumstances. I will
view the videotape from the arrest and the interrogation
room at the police station, if one exists. I will
visit with the prosecutor, and view the court’s
file, to get an idea of the evidence against the
client. I will research any applicable statutory
and case law to try to find a defense for the client.
I will appear with the client at all court hearings,
and fill out all the paperwork for the plea deal.
I will answer any and all questions the client has
regarding his/her case.
- Judge or Jury Trial
This service is to have a trial to contest the allegations
of the offense. This includes preparation and research,
attending all court hearings, filing any and all
applicable motions, subpoenaing witnesses, and any
other service required for zealous representation
of the client.
Motions
to Revoke Probation, or Motions to Adjudicate Guilt
This is when a client has previously
been placed on probation for a DWI, and the State files
a motion to revoke that probation, based on alleged
violations of the conditions of probation. Generally,
the State will ask the court to revoke the probation,
and sentence the defendant to jail time. Examples of
alleged violations are non-payment of fees, getting
a positive drug test, and committing a new offense while
on probation.
- Basic Representation
This service includes securing either a dismissal
of the Motion, or acceptance of the best possible
plea deal on the client’s behalf (either a
reinstatement of probation, adding additional conditions
to the probation, or acceptance of some jail time).
I will meet with the client, review the Motion,
and visit with the prosecutors to explain the extenuating
circumstances, and attempt to get the probation
reinstated, or secure a reduced jail sentence for
the client.
- Contested Revocation
Hearing
This service includes having a hearing before the
Judge where the State has to prove (by 51%) that
the defendant violated his/her probation. If the
State meets that burden, then the Judge has the
discretion to reinstate the defendant’s probation
or sentence the defendant to jail time within the
full punishment range of the offense. This includes
preparation and research, attending all court hearings,
filing any and all applicable motions, subpoenaing
witnesses, and any other services required for zealous
representation of the client.
The following services may be applicable
in your case:
- ALR Hearing
Whenever a person is arrested for a DWI, then the
Department of Public Safety, within 10 days of the
person’s arrest, will send the person a letter
which notifies him/her that his/her license will
be suspended forty (40) days after the person receives
the letter. If the person provided a breath specimen,
the suspension is for 90 days. If the person refused
to provide a breath specimen, the suspension is
for 180 days. A defendant may request, and is entitled
to, an Administrative License Revocation (ALR) hearing,
in which the Department of Motor Vehicles must prove
that the officer had “reasonable suspicion”
to pull over the Defendant, and “probable
cause” to arrest the defendant.
This is a very valuable tool in your DWI defense,
and it is always a good idea to request this hearing.
The officer can be subpoenaed to appear at the hearing,
and will give testimony regarding the stop and arrest.
This is beneficial because it gives the Defendant
a good idea of the officer’s testimony at
trial, in order to potentially prepare for a trial.
If the Judge finds that the officer did have reasonable
suspicion and probable cause, then the license will
be suspended. If the Judge finds that the officer
did not have reasonable suspicion or probable cause
to pull over the Defendant, then the license will
not be suspended. If we can win the ALR hearing,
that’s great; your license will not be suspended.
In most cases, the license is suspended, but the
ALR hearing is an excellent tool to get information
from the officer.
- Occupational License
In the event a Defendant’s license is suspended
from the DWI arrest, the Defendant may apply for
an Occupational Driver’s License. This license
will allow the person to drive his/her vehicle for
purposes such as attending school, attending work,
and performing household purposes (running errands,
taking care of children, etc.). The Defendant simply
has to prove to the Court that he/she has an actual
and essential need to drive for those purposes.
Depending on the person’s criminal history
and history of getting an occupational license in
the past, the Occupational License lasts until the
period of suspension is over.
The attendance of the ALR hearing,
and obtaining an occupational license are optional services,
in addition to representing the defendant on the criminal
charge. However, they are highly recommended, so that
we can investigate the case against you, and so that
you will never be without a driver’s license.
Please feel free to email
me for further information.
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