An arrest for Driving While Intoxicated is a serious crime in Texas. You could be charged as a class B, Class A, or a Third Degree Felony depending on the facts. The cost of a DWI charge could be $10,000-$15,000 because of attorney fees, court cost, monthly interlock fees, Bail Bond fees, and Driver License Fees.
The great news for you is that DWI charges are beatable.
You need someone who knows the law on both sides to better defend you. As a former prosecutor, Dan Simons saw thousands of cases and was very good at winning at trial. As a defense attorney, he is unbeaten in trial. Here is a road map of what you case will look like.
First, an officer will make contact with you while you are in your vehicle for a traffic ticket, obstructing traffic, any number of reasons. If the officer suspects a possible intoxicated driver, the criminal investigation starts even without you realizing. The officer will observe your speech, smell of alcohol on your breath, listen to your responses that would further incriminate yourself, and then at some point, as you to get out of the vehicle. Once you are out of the vehicle, the officer will continue to observe you and at some point as you to do an eye test. Most people don’t realize, the officer is already in arrest mode and is now looking to support the arrest. The eye test is first, which you can as no but most people comply. The officer will then as you to do the Walk and Turn and the One Leg Stand. Honestly, at this point, you are going to be detained/arrested regardless of what you do or say. It happens all the time.
Next, the officer will take you down to the station for further evaluation.
The officer may tell you that you are not under arrest and that they are only making sure you are ok to go home. At this point, your car has already been towed, which you might have witnessed at the scene. You are not going home! The officer will read to you the statutory warnings which include your driver’s license might be suspended if you do not get a sample of your breath or blood. The officer will then ask you for a sample. If you refuse, the officer will get a warrant. The scare tactic is that “your license will be suspended” line. THIS IS NOT TRUE. I will address this further down ALR-HEARINGS. After you give a breath sample or blood is drawn, you will be taken to jail where you will probably spend the night while you wait on bond. Bond can range from a personal bond to $3000-$5000 depending on the type of DWI case.
You will then have a court date, which you will have to go to immediately after release or very shortly afterwards.
In court, a judge will talk to you about either hiring an attorney and if you cant afford one, the court will give you paperwork discussing your finances. If the judge decides you are indigent, the court will appoint an attorney to the case. Remember there is a saying; you get what you pay for in life. (Free does not always mean better. For example, I treat all my clients as if they were the only clients I have. I return calls and text within 10-30 minutes unless I am in court or where I don’t have cell service. Communication with your attorney is very important because this is the biggest thing going on in your life. Not all attorneys feel the same way.)
NOW, here is the time for you to act.
You will probably search Google for attorneys, asking friends, or just see one in court. Know who you are dealing with! We encourage you to a few before making your decision. The reason you need to act fast is the clock is ticking for your ALR-hearing.
An ALR hearing is an Administrative License Revocation hearing. You have 15 days from the time you were arrest to request this hearing.
WHY IS THIS IMPORTANT?
You have a chance to do one of two things. One, if we request the ALR hearing, get evidence, subpoena officers, and then attend the hearing, the officer may not show up. If this is the case, your license is not suspended and you save a lot of case such as the automatic fees the DMV charges and if you want to drive, you would have to pay, usually, around $1000-$1500 to apply for an occupational driver's license until the suspension is up. All this could possibly be avoided by letting me fight for you from the start.
Alternatively, if the officer shows up, Dan Simons will get to question them on the arrest from the start up to the breath or blood test. This is very important because officers are not usually as prepared as they would be for trial. If we go to trial, we have a full transcript of what the officer has to say, or we could impeach the officer with their transcript. This is important because to win a case at trial, all we need is reasonable doubt, even the slightest reasonable doubt could win as case. So as you see, we can turn a bad situation to our advantage.
When you contact Dan, he starts preparing for trial from the start. It is really important to ask Dan everything you can remember at the time because the smallest detail might help win your case.
Ways To Fight Your Case
We can challenge the reason for the stop and get the case dismissed. We could challenge the Standard Field Sobriety Test because the officer did not administer them correctly or we could challenge the Breath or Blood sample. The results of the test are not automatically admitted at trial. Dan has observed many times where the breath or blood was suppressed and the case had to go forward without the test or dismissed at trial.