What a DWI Lawyer can do for You
In each and every D.W.I. case we will work to defend and protect the accused. The first step we must take is to try and prevent a driver’s license suspension.
It is extremely important that once you are arrested you contact us immediately. You or your attorney only have 15 days from your date of arrest in order to request a hearing to challenge the suspension of your license.
- We will request a license suspension hearing for you
- We will set the matter for an immediate hearing, in order to better understand The States’ evidence.
- We will obtain all discovery documents of the arrest including the officer’s report and notes, the jail interview, any legal documents read to or given to the client, the breath test slip and any certification of the State’s breath test expert concerning the operating condition of the equipment used for testing.
- We will subpoena the police officer and have him or her personally served with a subpoena to appear at the hearing in order to better understand The States’ evidence and case.
- We will aggressively cross examine the officer at the license hearing. The officer will be forced to tetify about his report and his memory of events at the time of the arrest. This may very well open unforeseen doors to a better outcome.
- We may obtain a copy of the transcript of the hearing and conduct an appeal from the hearing concerning the license issues.
- We will do everything we can to protect your driving privilege
Once a hearing has been requested the State of Texas may not suspend your license unless the judge rules against you at the hearing.
Our Law Firm will aggressively contest The State at these hearings. However, if the client loses the hearing we will work to obtain an occupational drivers license immediately. An occupational license will allow you to drive 12 hours per day, six days per week. It is important to note that second and third offenders have a statutory waiting period before an occupational license may be obtained.
- We will aggressively prepare your defense
- We will obtain a copy of the State’s video tape of the stop, arrest and field sobriety tests.
- We will file pretrial motions in order to obtain a dismissal of the case based upon lack of probable cause, violation of Miranda vs. Arizona, Sixth Amendment right to speedy trial and/or take any other legal action to protect you.
- We will file pretrial motions in order to better secure and obtain a fair and impartial trial with fair and impartial jurors.
- We will conduct a jury trial in an aggressive and expert manner with care to preserve the client’s constitutional rights to a fair trial and to the effective assistance of counsel.
- We will prepare our client for his testimony should that testimony be advisable or necessary.
Trial tactics are specific to the individual case. Examples of trial tactics include:
- Demonstrating to the jury the statements are false or inconsistent actions of the officer
- The States’ witnesses lack the ability to testify or lack qualifications as an expert or an expert lacked the opportunity to witness or observe the actual events
- Lack of proof of the breath alcohol concentration at the time of driving rather than merely the time of testing.
If you win your case before the jury, we can work for an expunction which will erase your record of arrest and any record of license suspension. After an expunction you will be able to say that you have never been arrested and/or convicted or you can deny the existence of the expunction order.