DUI / DWI
Do Not Just Plead Guilty
If you’ve been arrested for drunk driving, you may think the easiest thing to do is plead guilty, get it over with and move on.
But the ramifications of a DUI/DWI guilty plea or conviction are far-reaching. Your driver’s license (jump to license text below)and your freedom are in jeopardy
A first-offense DUI conviction can result in up to 180 days in jail and a $2,000 fine. A second offense can get you up to a year in jail and a $4,000 fine. Third and subsequent offenses can land you in prison for up to 10 years and a $10,000 fine.
Under recent changes to Texas DUI laws, a DUI conviction from 20 or even 30 years ago is still considered your first offense, and you automatically face second-offense penalties.
And, of course your license could be suspended for 90 days to two years under any of these offenses.
With penalties so severe, can you afford not to fight the charges?
For years, I worked at a larger firm concentrating exclusively on DUI / DWI defense. I know the ins and outs of Texas DUI laws and will use that knowledge to your benefit. I have had innumerable successes over the years.
I will examine the facts of your case and provide you an honest assessment of every option available to you. I can challenge the evidence against you on a number of fronts. Don’t even think of pleading guilty until a qualified DUI attorney reviews the following critical factors.
Did the police have probable cause to stop you? If you feel you shouldn’t have been pulled over, quite possibly you shouldn’t have been.
Did the arresting officer properly perform the field sobriety tests (FST)? The only FSTs recognized by the National Highway Transportation Safety Administration are the walk-and-turn, one-leg stand and the horizontal gaze nystagmus (HGN). These tests must be conducted with precision and according to specific standards. I am certified in field sobriety test administration through the NHTSA and know what police are required to do.
Were the blood or breath tests conducted according to Department of Public Safety regulations? Again, police must adhere to very specific requirements. Was the breath device properly calibrated, the administrator properly trained and the analysis conducted according to accepted standards? Failure in any of these areas can result in the evidence being thrown out.
My DUI defense is a two-pronged attack. While I tackle the criminal charges against you, I do everything in my power to preserve your driver’s license.
In Texas, you have 15 days from the time of your arrest to request an administrative license revocation hearing, which is a civil proceeding, before the Department of Public Safety. If you miss this deadline, keeping your license is possible, but the battle is much more difficult. It is best to fight for your license within that 15-day window. I will represent you at this hearing and fight for your right to drive.
One point of confusion for clients often is the seizing of their license by the arresting officer. The police only took your physical license, not your driving privileges. You may continue to drive until your license is suspended at a DPS hearing or upon conviction.
The penalties against your license are quite severe. A blood-alcohol content (BAC) of .08 or higher, or your refusal to take such a test can result in a license suspension of 90 days to two years.
On the topic of refusing to take a breath, blood or field sobriety test, I offer this advice: Always ask to speak to your attorney before agreeing to take any tests. Police won’t likely grant your request, but it gives you a legitimate defense to refusing a test.
And finally, a note about the DUI surcharge. In 2003, Texas instituted a surcharge on the driver’s licenses of people convicted of or pleading guilty to DUI / DWI. The surcharge is $1,000 to $2,000 per year for up to three years. This has nothing to do with the suspension of your license. It is directly connected to a guilty plea or conviction on a DUI / DWI charge.
