DWI FAQ

Why do I need a DWI lawyer?

When obtaining a lawyer, your best probability of success is having a professional on your side who is specifically trained in the area of law in which your problem is found. Chances are you would not hire a podiatrist (foot doctor) to operate on your brain. You would hire a brain surgeon. Though both doctors are well-educated, intelligent and authorized to perform 'surgery, you would want a doctor who specializes in your specific problem in order to ensure the best possible outcome.

When selecting a lawyer, the same principles apply. The criminal law board certification process ensures that a lawyer's primary field of practice is criminal law. After an arrest, you may receive numerous solicitations in the mail from lawyers vying for your business. You may also search out a lawyer from the recommendation of a family member or friend. In many instances, people have a family lawyer they call upon for all their legal advice. Also, the newspapers, the yellow pages and the Internet all offer a wide range of ads from firms claiming their lawyers handle DWI cases, among many other kinds of cases. However, before traveling down that road, be sure to ask yourself these questions: Am I willing to risk a suspended license, license revocation, loss of employment, increased (or worse yet, canceled) auto insurance, jail time and damage to my reputation? To minimize the possibility of these repercussions becoming reality, select a reputable, professional firm that specializes in your specific case. Contact a Dallas criminal law firm with many years of experience protecting your interests and representing your rights.

What are the penalties for DWI in Texas?

This is a criminal matter, and there are serious consequences associated with a DWI offense. You could be required to serve jail time. You may be required to attend a three- to six-month drug and alcohol program. You may lose your license for months or even years. Attempting to get your license back from the Department of Public Safety can cost you thousands of dollars over a three-year period. If you do reclaim your license, you could be required to place a breath testing device on your car. You could lose your job if your license is suspended or if you are convicted. These and other serious collateral consequences to a DWI can have a severe negative impact on your life. Contact a Dallas criminal lawyer from Moore Barrett & Grant who will protect your interests and represent your rights.

What is a driver's license suspension hearing?

If a driver fails or refuses to submit to a breath or blood test after being arrested for DWI, his or her driver’s license will be suspended unless a hearing is requested within 15 days of receiving a notice of suspension. The Department of Public Safety will notify the person requesting a hearing of the location, date and time of the hearing.

What is the criminal process for DWI arrests in Texas?

The Arrest: In order to be charged with a crime, probable cause will need to be established. Probable cause means that more than likely, a crime has been committed. Once probable cause has been established, an arrest can ensue.

The Jail Process: Once booked into jail, a person is only free to leave on bond. There is no constitutional right to bond, but the law does require that, if a bond is set, it cannot be 'too excessive.' A bond can be satisfied by completing one of the following:

• Post a cash bond: Cash (or credit card in some counties) can be brought to the jail
• Utilize a bonding company: Often a bond amount can be significant and unable to be met by personal funds alone. A bail bondsman will post bail and ensure the party shows up for court. They charge a fee of 12-15 percent of the face amount of the bond and you are not entitled to a refund

Arraignment: Once a formal criminal charge has been issued, the party is usually given a court date. This first court date is where a defendant pleads guilty or not guilty. In some cases, a lawyer may be able to waive this formal hearing so the defendant will not need to appear.

Motion Hearings: Motion hearings take place after an arraignment but before a case is called for trial. During these hearings, a court will entertain various motions to include and exclude certain evidence, and in some cases, dismiss the case altogether. Motion hearings are of the utmost importance as they can often determine the outcome of a case.

Trial: About one percent of criminal cases actually result in a trial. A case is brought to trial only if it cannot be resolved by a guilty plea or a motion hearing. The outcome of a trial is either a guilty verdict, not guilty verdict or a mistrial. If a defendant is found guilty, he or she is taken into custody. If a defendant is found not guilty, he or she is free to leave. If a mistrial is declared, the state has the authority to begin proceedings all over again.

did not refuse to take a breath test, so why did the cop say I did?

If you take too long during the administration of a breath test or if for any reason you do not take it, an officer is instructed to consider it a refusal. However, there is no need to be discouraged if you're facing this charge. With the help of an experienced, competent lawyer, refusal of a breath test can be one of your strongest not guilty arguments during a trial.

If I failed a breath test, shouldn't I just plead guilty and not risk taking my case to trial?

Failing a breath test does not automatically mean that you will be found guilty. Many breath test cases have been argued and obtained not guilty verdicts.

I was driving my boat on a lake when a cop arrested me for being 'under the influence.' How can they do that?

Operating a boat while intoxicated is no different than driving while intoxicated, except that you are operating a water craft.

I was arrested for DWI after I collided with another vehicle. The other person was injured. What is going to happen to me?

Causing serious bodily injury to another human being unintentionally while operating a car, boat, or airplane in a public place is a felony. The punishment can range anywhere from 2 - 10 years in prison and a $10,000 fine. In general, District Attorneys will not allow probation unless the injured person and his or her family agrees to it. In most cases, the judge will go along with the recommendation of the District Attorney.

I am being faced with Intoxicated Manslaughter. What am I up against?

First things first, hire a DWI lawyer that specializes in criminal law. A prosecutor must first prove DWI before there is the possibility of obtaining a conviction for intoxication manslaughter. In addition, a DWI is considered a 'lesser included offense' of intoxication manslaughter, and an experienced lawyer may be able to obtain a reduction of the original charge to DWI.

Free attorney consultation: To discuss your case with one of our Dallas criminal defense lawyers, call 214.748.8871, available 24 hours a day, seven days a week, or fill out our simple contact form.