Facing McKinney DWI Charges?
Counting down the top ten mistakes made by those arrested for DWI in Texas
10. Not taking the whole thing seriously—consequences are heavy
A DWI conviction haunts you for the rest of your life. It shows up on a background records check with the Texas Department of Public Safety (DPS) permanently. If convicted for a second DWI charge, no matter how much time has passed, the law allows your first DWI conviction to be used to enhance the penalties for the new charge. A third DWI is a third degree felony. If you fail or refuse to take a blood or breath test requested by the police after a DWI arrest, your driver’s license will be suspended. The subsequent increase in your insurance premiums alone adds up to thousands of dollars each year, and your premiums could go up still further if you are convicted. The court costs and fines, required classes, drug tests, and monthly probation fees are sizable. The Texas Department of Public Safety also adds a surcharge that you have to pay to keep your license valid. For a first time DWI, this surcharge typically runs from $3,000 to $4,500 in additional expense, depending on the facts of your case.
9. Representing yourself in court
The laws pertaining to DWI charges are complex and frequently changing, as is the science of breath alcohol testing devices, alcohol absorption rates, and human metabolism-related issues. You need proven, aggressive, and experienced representation to effectively deal with these issues. If the right defenses and objections are not raised at the right times, they are lost. A good case can quickly become a bad one if you do not have a skillful attorney to protect your interests.
8. Hiring an attorney based solely on the amount of the fee
In any criminal case, it is you against the state of Texas. The state has nearly unlimited resources when it comes to prosecuting you. It makes sense that you should hire the best, most experienced attorney that you can afford. Be realistic. Be prepared to pay a fee that allows your chosen counsel to put forward the necessary time, effort, and expertise to offset the prosecution’s almost limitless pockets. Look for a reasonable fee, preferably set forth in a written contract for representation, not just the cheapest lawyer you can find. In the courtroom arena, just as in every other area of life, you get what you pay for.
7. Failure to obtain an occupational (temporary) driver’s license and or failing to request an Administrative License Review (ALR) hearing within 15 days of your arrest
When you were arrested, if you refused to take a blood or breath test, or if you submitted to a breath or blood test and failed it, the police probably confiscated your license. The back of the yellow statutory warning forms they gave you (or should have given you) informs you that you have the right to challenge the suspension of your driver’s license by requesting an ALR hearing within 15 days of your arrest. If you do not make this request, or fail to make it within the prescribed period, you cannot operate a motor vehicle anywhere from 90 to 180 days for a first-time offense unless you have petitioned for and received an Occupational Driver’s License (ODL) from the court. If you do not seek an ODL and you choose to drive during the period of suspension, you are committing another criminal offense at the class B misdemeanor level, equal to a first-time DWI offense. If you are caught, you will be re-arrested and have to post bond all over again and have yet another charge to face in court.
6. Driving with a suspended license
If your license is suspended in conjunction with a DWI arrest, you have no right to operate a motor vehicle, period. As noted above, an arrest for driving while your license is suspended (DWLS) falls into the same penalty category as a first-time DWI offense. If convicted of DWLS, you face a minimum driver’s license suspension of one year (on top of any suspension you are already serving), plus you will have to pay additional fines and court costs, and you could be sentenced to as much as six months in jail. Contact us to see if you are a candidate for an ODL. An ODL is a provisional license granted by the court that allows you to drive legally during the suspension period.
5. Accepting the first plea bargain offer made by the District Attorney
Usually the first plea offer made by the prosecution on a DWI case is not a “bargain” at all. It is actually just a way for them to get a conviction on your case with virtually no effort on their part. Do not have any delusions that your case will be dismissed or possibly reduced to some lesser-included, non-alcohol charge—you have a better chance of winning the lottery. By taking the first plea offer made by the state, you will probably wind up paying higher fine amounts, having more community service hours to do, and a longer period of probation to deal with than a seasoned trial attorney would have been able to negotiate on your behalf. Remember, you pose no threat to the district attorney. You do not know how to handle a criminal case and the prosecutor knows this, so he or she has no incentive to offer you a great deal. An experienced DWI defense attorney – especially a seasoned trial attorney with a proven track record of success – will almost always be able to get you a significantly better plea offer.
4. Failing to show up for required court appearances
If you miss a required court date, even if your lawyer is present on your behalf, the judge will revoke your bond (including cash bonds) and issue a warrant for your arrest. So, the next time you are pulled over for some minor traffic violation, instead of just getting a ticket you will be taken to jail, booked again, and have to post yet another bond, usually at twice the amount of the original one, in order to guarantee your future appearance in court.
3. Talking to anyone other than a licensed attorney about your case
All communications between you and your attorney about the facts of your case are considered privileged and are protected under the law. Nobody is entitled to know what you tell your attorney. However, anything you say to a friend, a co-worker, or an acquaintance is not privileged and can be used against you in subsequent proceedings.
2. Talking to several attorneys then trying to take care of your case on your own
DWIs are expensive, cumulative, and complex in nature. You need an experienced attorney who knows the law, the judges, and the prosecutors to handle it for you. Even if you decide not to hire the Underwood Law Office, you should find and retain an attorney with whom you feel comfortable, who you trust, and who you believe will represent your best interests. Take it from us—you will be glad you did!
1. Not hiring Will Underwood to defend your DWI charge
Will Underwood knows the intricacies of DWI law. He understands the science behind the testing instruments, the techniques utilized by the police to create an appearance of intoxication, and the courtroom tactics employed by the prosecutors. The depth and breadth of his knowledge, experience, and expertise in this area of law place Will Underwood in a unique position to provide the best possible defense to those charged with a DWI offense.
Don’t pile mistake on top of mistake – call attorney Will Underwood about your DWI charge now
The Underwood Law Office stands ready to assist you in defending your DWI case. Call the Underwood Law Office today at 214-544-8040 or contact us online.
