Criminal Defense FAQ: DWI

If you are facing a DWI charge, it’s a serious matter, and you’re likely to have questions. You are not alone, and the answers to some of the questions asked most frequently by others who are facing criminal charges may help you better protect your own rights.

The most important step you can take in your efforts to achieve a favorable case resolution is reaching out for the skilled legal guidance of an experienced criminal defense attorney early in the legal process.

Do I Need an Attorney for a First-Time DWI Misdemeanor?

While the misdemeanor classification may strike you as far less serious than a felony, there is nothing minor about the fines and penalties you’ll face if you’re convicted. If you’ve been slapped with a DWI misdemeanor charge, the best path forward is with the skilled legal guidance of a trusted criminal defense attorney on your side.

Consider the following consequences for misdemeanor convictions:

• Common Class C misdemeanor charges include disorderly conduct, simple assault, and petty theft. A conviction doesn’t carry jail time, but there is a $500 fine, and your record will be tarnished.
• Common Class B misdemeanor charges include theft of property valued from $100 to $750, a first DWI charge, and possession of up to 2 ounces of marijuana. A conviction carries up to 180 days in jail and fines of up to $2,000.
• Common Class A misdemeanor charges include theft of property valued from $750 to $2,500 and DWI with a BAC of over .15 percent. A conviction carries up to a year in jail and fines of up to $4,000.

The legal consequences of a misdemeanor conviction and the social consequences you’ll face are serious, which means that an attorney really is necessary. An attorney will help you prepare for your DWI case, protect your rights during the legal process, and help you reach the best possible outcome for your case.

What Is the Difference Between a Misdemeanor and a Felony?

Very generally, a felony charge means that a conviction crosses over into serious prison time, while a conviction for a misdemeanor means little or no jail time. A state jail felony charge in Texas bridges this gap somewhat, and a conviction can lead to a sentence of 6 months to 2 years in a state jail facility and fines of up to $10,000.

In DWI cases, a misdemeanor typically involves a first or second offense without aggravating factors. Felony DWI charges are serious and often involve repeat DWI offenses, DWI with a child passenger, and DWI causing serious injury or death.

While felony charges are more serious than misdemeanor charges, both can land you behind bars, which is a serious consequence that you’re advised to avoid.

What Are the Basic Fines and Penalties for a Felony DWI in Texas?

Felony charges in the State of Texas come in five basic classifications, and the penalties increase in accordance with the charge. Consider the following categories for felony convictions:

• State jail felony charges are common for repeat DWI offenses or DWI with an underage passenger. A conviction carries a sentence of 6 months to 2 years in a state jail and fines of up to $10,000.
• Third-degree felony charges are common for DWIs causing serious injury. A conviction carries 2 to 10 years in prison and fines of up to $10,000.
• Second-degree felony charges are common for DWIs that cause a fatality. A conviction carries 2 to 20 years in prison and fines of up to $10,000.

When Is the Right Time to Hire an Attorney?

By reaching out for professional legal counsel as early in the legal process as possible, you allow your attorney to do serious damage control from the start, which can make a considerable difference in the outcome of your case. When you wait to consult with a practiced attorney, you do yourself and your case a disservice.

When choosing a criminal defense attorney, look for an attorney who is experienced, who is honest about what to expect, and who gives your case the time it deserves.

Why Should I Remain Silent?

Many people who are charged with crimes believe their innocence will protect them and want to clear the matter up by talking it through with the police. This approach, however, can backfire with a vengeance. The police are trained to trip people up during interviews, and as a result, your attempts to prove your innocence can do more harm than good.

You have the right to remain silent and to have an attorney to represent you, and you’re well advised to claim both of these rights.

Do the Police Have to Read Me My Rights During a DWI Stop?

The police are not required to Mirandize you – or read you your rights to remain silent and to have an attorney – unless you are in formal custody and are being interrogated. Until both of these are true, the police don’t have any specific obligation to you, and it’s important to note that the line between being in formal custody and not can be extremely difficult to identify.

Ultimately, anything you say can almost certainly be used against you, which makes holding out for an attorney’s guidance in your best interest.

Will My DWI Case Go to Court?

The truth is that the vast majority of criminal cases are resolved before they ever make it to trial. If you choose to take a plea deal, enter pre-trial diversion, or get a dismissal, your case will not go to trial.

Your case may go to court if you plead not guilty, reject a plea offer, or contest the evidence against you.

Ultimately, your skilled criminal defense attorney will help you balance your best interests in relation to your options before determining if proceeding to trial is advised.

Can I Get a DWI Expunged from My Record?

If your case is expunged, it’s erased from your file for all intents and purposes. In the process, the relevant court records will be destroyed, which means you’re entitled to say that you’ve never been convicted of a crime when applying for a job, when applying for a loan, or when applying to rent an apartment or house.

Expungements are highly specific and challenging to obtain. Most DWI offenses cannot be expunged from your record. You may qualify for expunction, however, if you are in one of the following situations:

• You are acquitted.
• You are pardoned.
• Your DWI arrest did not lead to charges.

If you qualify for an expunction, a seasoned criminal defense attorney can help make it happen.

Is It Worth Fighting a DWI Charge?

It is certainly worth fighting a DWI charge. If you blow over the legal limit, you may think you have no options – even if you’re convinced that you weren’t impaired in the first place. This kind of attitude is not going to do you any favors.

A wide range of robust defenses may apply to your case, and a focused criminal defense attorney will help you build your strongest defense in pursuit of a beneficial resolution that supports your brightest future.

DWI charges can have a serious impact on your future, when it comes to secondary education, residences, and jobs. Most universities, banks, landlords, and businesses will run criminal background checks, and a criminal record could exclude you from opportunities in these areas.

Don’t make a decision to give up on your DWI charge until after you’ve consulted with an attorney.

What Are Common DWI Defenses?

While the best defense strategy is tailored to the case at hand, some common and highly effective strategies in the face of DWI charges include the following:

• The officer didn’t have a reasonable suspicion for stopping you in the first place or didn’t have probable cause for charging you.
• The officer didn’t have the experience necessary to perform the chemical test on you correctly.
• The equipment the officer used to test you wasn’t adequately maintained or correctly calibrated.
• The chain of evidence custody wasn’t strictly upheld.
• There are issues related to how your sample was stored.
• You have a health concern, or there is another issue that could have skewed your test results.

Consult with an Experienced Texas Criminal Defense Attorney Today

DWI charges are serious matters that should be faced with experienced legal representation. Working with a Texas DWI defense lawyer will protect your rights, guide you through the legal process, and help your case reach its best possible outcome.