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 that specializes in your specific problem in order to insure 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. Often times, people have a family lawyer they call upon for all their legal advice. And newspapers, the yellow pages, and the internet all offer a wide range of ads claiming they 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 an experienced Dallas criminal lawyer where we protect your interests and represent your rights.

Penalties

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 3-6 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 severely negatively impact your life. Contact an experienced Dallas criminal lawyer where we protect your interests and represent your rights.

Criminal Process

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 times 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% 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 1% 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.

Hearing Request Within 15 Days ( Texas Department of Public Safety Hearings)

If a driver fails or refuses to submit to a breath or blood test after being arrested for DWI, his or 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.

Our law offices are located at:

3500 Oaklawn Avenue, Suite 700
Dallas, Texas 75219