Driving While Intoxicated Cases

Rockwall and Dallas DWI / DUI Attorney

Can I beat this case? If not, what punishment am I looking at? How can I keep driving legally? What is going to happen to me? What can I do now to make this better?

You have been to jail and you are frightened.

I understand where you are coming from and I am committed to taking charge of your case and providing comfort, protection, and answers to your questions. As a Board Certified, AV Rated, former high-level 10-year prosecutor, I am uniquely qualified in my level of training, experience, and trial skills to defend your DWI case.

I have only lost one DWI trial in the last 7 years, but that is not from magic. It is case evaluation and hard work – pure and simple. I have tried 150 jury trials since I tried and won my first case as an intern in 1999 – a DWI jury trial against the legendary Randy Taylor that lasted 3 days. 30 of my 150+ trials are DWI trials – both as prosecutor and defense lawyer. I have trained prosecutors on how to try these cases and prosecuted and defended hundreds more non-trial DWI and intoxication manslaughters and assaults. I was also trained in Intoxication Manslaughter investigation and prosecution in Huntsville back in my prosecution days. I know intoxication offenses inside and out.

Just because you have been arrested and charged with a DUI/DWI does not mean that you have to be convicted of it. Most of the people that I encounter charged with DUI/DWI have never been in trouble in their lives. They have good jobs that can be affected by a DWI conviction. They want to avoid the inconvenience of reporting to a probation officer, excessive fees, insurance costs, and driver’s license suspensions that come with a conviction.

I will obtain the evidence and we can review it together. I can give you an idea of how a jury would perceive that evidence and what we could do to inject reasonable doubt into their minds. Juries often feel sorry for citizens charged with DWI. You may be surprised to find that you have a real shot to be found NOT GUILTY or at least plead to a lesser charge like Obstruction of a Roadway and avoid the collateral consequences of a DWI conviction. Even if the State’s case is strong, you often will not be punished more severely by the judge if you plead not guilty and have a jury trial.

If your blood sample was over the legal limit, the state’s evidence can still be attacked. The draw site, contamination of the sample, preparation of the sample, the transportation and storage of the sample, contamination in the lab, and chain of custody are all subject to attack in front of the jury. In some cases, you may even be obviously intoxicated but the police did not have a legal reason for the traffic stop. In these cases, ALL of the state’s evidence can be suppressed and the state will be forced to dismiss the case.

There are many ways to successfully defend a DWI case and I love to win a tough case, but case evaluation is key. I never over-estimate my chances of success and going to trial is your decision based on my assessment of your chances. If you have a loser case, you deserve to know that, so that we can shift into damage control. There are many DWI lawyers who make most of their money by convincing clients to go to trial on cases that have no business being in the courtroom. That is wrong!

My business is based on honestly helping people – not selling a pipedream. In many cases, guilty is obvious and damage control the best way to go. Reducing the duration of a probation, minimize fees and community service might be the only achievable goals in many cases, but they should be pursued! I often have my clients proactively do court require DWI classes before we go to court to increase bargaining power for a light sentence. If I can’t beat your case, I always want to make the situation better.

I will also help you to keep your driver’s license. If you refused to give a breath or blood specimen to the arresting officer, your license is suspended for 90 days. However, if you do not request a hearing within 15 days of your arrest, your license will be suspended for a year. I can fight to keep your license to go to work and keep your job while you are fighting your DWI case.

Addiction Expert

My other X factor that I bring my clients and their families is my knowledge of alcoholism and substance addictions. If you or your loved one has addiction at the root of their DWI case or case history, I have resources all over the metroplex and years of former-clients having productive lives of sobriety because of the plan that I put in place for them. In many cases, even if we can’t beat the case, we can make the outcome better through a proactive plan to address alcohol and substance abuse issues. Many of my clients entered a dark time with their DWI arrest and came out of it stronger and healthier. If I can help anyone in that way, it is extremely rewarding for me!

Felony DWI, Intoxication Assault, and Intoxication Manslaughter

If you are accuse of a Felony DWI, Intoxication Assault, or Intoxication Manslaughter, you need more than the typical “DWI Specialist.” You need someone with serious felony trial experience. An intoxication manslaughter case is a DWI and a murder trial in one. A medical examiner will appear and a jury will see autopsy photographs. Many DWI specialists have tried a lot of misdemeanors but not many felonies, let alone anything involving a dead body. I have handled many Felony DWIs, Intoxication Assaults, and Intoxication Manslaughter. I have tried over 100 felonies, including 17 murder cases. I have the experience that you need to handle your Felony DWI case.

DWI Facts:

DWI First Conviction Penalties:

1. Class B Misdemeanor – punishable by minimum of 72 hours in jail to 180 days in jail, or 6 day minimum if an open container was present – usually probated for up to 2 years.
2. A Fine not to exceed $2,000
3. An additional$1,000 “surcharge” per year for 3 years, or $2,000 per year if your BAC was .16 or higher
4. Driver’s license suspension for one year – DWI education class may remedy this or the granting of an Occupational License under Transportation Code Section 521.241 – also a 90 day suspension at the beginning of the probation
5. Must complete a 12 hour DWI Education Program within 180 of receiving probation or risk a driver’s license suspension
6. 24 to 100 hours of community service
7. Normal conditions of probation like reporting and probation fees
8. Ignition interlock if BAC is .16 or higher
9. Drug and alcohol evaluation and treatment at your expense

DWI Second Conviction Penalties:

1. Class A misdemeanor – up to a year in the county jail – usually probated for up to 2 years -with 72 hours to 5 days of continuous confinement in jail as a condition of probation
2. A Fine not to exceed $4,000
3. An additional $1,500 “surcharge” per year for 3 years, or $2,000 per year if your BAC was .16 or higher
4. Driver’s License suspension for 180 days to 2 years – may apply for an Occupational License
5. Must do a 32 hour DWI Repeat Offender Program
6. 80 to 200 hours of community service
7. Normal conditions of probation like reporting, probation fees
8. Alcohol and drug evaluation and treatment at your expense
9. Ignition interlock

DWI Third Conviction Penalties:

1. Third Degree Felony – up to 10 years in prison – may be probated for up to 10 years – with10 days of continuous confinement in jail as a condition of probation (if you get probation)
2. A fine not to exceed $10,000
3. An additional $1,500 “surcharge” per year for 3 years, or $2,000 per year if your BAC was .16 or higher
4. Driver’s License suspension for 180 days to 2 years – may apply for an Occupational License
5. Must do a 32 hour DWI Repeat Offender Program
6. 160-600 hours of community service
7. Normal conditions of probation like reporting, probation fees
8. Alcohol and drug evaluation and treatment at your expense
9. Ignition interlock if it is your 2nd intoxication related offense or if you are under 21

Intoxication Assault penalties:

1. Third Degree Felony – up to 10 years in prison – may be probated for up to 10 years – with30 days of continuous confinement in jail as a condition of probation (if you get probation)
2. A fine not to exceed $10,000
3. An additional $1,500 “surcharge” per year for 3 years, or $2,000 per year if your BAC was .16 or higher
4. Driver’s License suspension for 180 days to 2 years – may apply for an Occupational License
5. Must do a 32 hour DWI Repeat Offender Program
6. 160-600 hours of community service
7. Normal conditions of probation like reporting, probation fees
8. Alcohol and drug evaluation and treatment at your expense
9. Ignition interlock if it is your 2nd intoxication related offense or if you are under 21

Intoxication Manslaughter Penalties:

1. Second Degree Felony – up to 20 years in prison – may be probated for up to 10 years – with 120 days of continuous confinement in jail as a condition of probation (if you get probation)
2. A fine not to exceed $10,000
3. An additional $1,500 “surcharge” per year for 3 years, or $2,000 per year if your BAC was .16 or higher
4. Driver’s License suspension for 180 days to 2 years – may apply for an Occupational License
5. Must do a 32 hour DWI Repeat Offender Program
6. 240-800 hours of community service
7. Normal conditions of probation like reporting, probation fees
8. Alcohol and drug evaluation and treatment at your expense
9. Ignition interlock is required if it is your 2nd intoxication related offense or if you are under 21, but don’t be surprised if the judge orders this for a first offense

Dallas DWI, DUI, Drunk Driving Articles

Dallas DWI Charges Require a Serious Defense
Driving a motor vehicle is a normal daily occurrence for millions of people. However, circumstances may occur to make it anything but normal. Many traffic accidents are caused by drunk driving each year. Driving while intoxicated is a serious charge in Dallas. The state of Texas defines a DWI as being under the influence of a controlled substance while driving a vehicle.