THE 7 DEADLY SINS FOR A TEXAS DWI
And how to avoid them
We as people are neither as good
as our finest moment in life,
nor as bad as our least flattering moment.
All in all, and for the most part,
We all generally fall somewhere in the middle.
The seven deadly sins you can commit when dealing with a DWI case in Texas are:
THINKING IT IS A ‘SIMPLE’ DWI. There is no such thing as a ‘simple’ DWI. A conviction on this charge will follow you for the rest of your life. The additional insurance charges alone could cost you tens of thousands of dollars. You may lose numerous job opportunities, be denied housing, lose a pilot’s license and be prevented from traveling to foreign countries. There are many hidden costs (see chapter 4) you will experience from a conviction.
THINKING ALL ATTORNEYS ARE THE SAME – they are NOT. DWI defense is a complex field. It involves physical, mental, emotional, scientific, technical, and factual issues that are unique to each case. Timing can be very important to the success of your case. Defenses must be raised at the right time or you will lose them and evidence must be gathered quickly. You should seek out the best qualified attorney who specializes in this area of practice. A quality DWI attorney will limit the number of cases he or his firm accepts each year, assuring the client of personalized attention to their case.
NOT REQUESTING AN ADMINISTRATIVE HEARING TO PROTECT YOUR DRIVER’S LICENSE. An attorney has only 15 DAYS from your arrest to request a hearing for you; this is the ONLY way to protect your driver’s license. If an attorney doesn’t tell you about this hearing that attorney is either not competent to represent you or is taking short cuts at your expense.
HIRING A LAWYER WHO HAS THE LOWEST FEE. The lowest fee may mean the least qualified and the least amount of time spent on your case. This kind of lawyer may take the easy way out and settle for the first offer the Government makes so he can quickly move on to another low fee case. His concern is quantity not quality. You get sold out when the legal issues of your case are ignored in an effort to make a quick fee. The low fee most likely will cost you more in hidden costs before you are finished. Be careful of bargains with brain surgeons, parachutes, and DWI Defense Attorneys. The prosecutors know which lawyers either never try DWI cases or they don’t know how to win the winnable cases.
QUICKLY ACCEPTING A SETTLEMENT FROM THE PROSECUTOR. The first offer is not a deal. An attorney who takes the first offer is trying to get rid of your case with the least amount of work. You never get to raise legal issues or make the State prove its case. This is not legal defense—this is a dump truck lawyer (see chapter 24).
DRIVING AFTER YOUR LICENSE HAS BEEN TAKEN AWAY. This is an additional criminal offense and can make it more difficult to represent your DWI case as well as cause an increased suspension period. Sometimes the DWI trial can be won with a Not Guilty verdict and then you get convicted on the Driving With an Invalid License case. The punishment level is the same as a first time DWI – Class B Misdemeanor.
NOT PROTECTING YOUR CONSTITUTIONAL RIGHTS. An experienced DWI Attorney will recognize the issues unique to your case and will have the experience to protect you. This includes, at a minimum, challenging the legality of the reason you were stopped, your removal from the car, the legality of any test given to you, the propriety of any field test given to you, the validity of your arrest itself, the legality of any breath test request, and the procedures of the administration of any breath/blood test.