It’s DWI (Driving While Intoxicated) in Texas and DUI (Driving Under the Influence) in most other states. This is “bread and butter work” for defense attorneys because everyone who has a beer or other beverage that gives an “odor” of alcohol to a police officer, can be “sentenced” to jail overnight or until bailed, solely based on the officer’s suspicion. If a driver “blows sober” then he is often charged with driving under the influence of drugs or medicine, an equally serious charge. There are special, harsh rules that apply when there is an accident, or bodily injury, or an open alcoholic beverage container is found inside a vehicle.Anti-drunk driving organizations lobby locally and at Congress and the State Legislature. Every year, it seems the consequences of DWI increase. The consequences of a DWI conviction are far more serious and complicated than most people realize. For additional information please view our summary of Texas DWI law.What follows a DWI arrest can significantly affect your life. Criminal proceedings and administrative hearings and other license retention efforts must receive equal attention if you want to stay on the road.
Many clients who come to us following a DWI arrest had never before been in trouble with the law. They didn’t enjoy their many hours in jail waiting for pretrial release or bail. They fear that they will lose their driver’s license and will lose their job. They dread the next insurance bill. They dread the “surcharge,” up to $2,000 per year for three years, to keep a Texas driver’s license. They want to know the impact that their first criminal charge will have on their lives.
Our job in a DWI case includes helping you keep your driving privileges. This includes representation at Administrative License Revocation Proceedings (ALR) and applications for restricted license necessary for employment and family necessities.
Many DWI cases can be successfully defended: The police are not infallible. The testing equipment is not without defects or poor maintenance. The breathalyzer and its operators often make mistakes. One published statistic is that 90% of all DWI’s result in a guilty plea, but 50% of the cases that are set for trial result in a dismissal or a not guilty.