50 Facts You Need to Know About a Texas DWI
6 Facts That Must Be Proven before you can be found Guilty of a Texas DWI
If you are arrested for DWI in Collin, Dallas, Denton or any other county in the state of Texas, the following facts must be proven by the State:
- Your Identity;
- You were operating a motor vehicle;
- In a public place;
- In a specific county (i.e., Collin, Denton, Dallas, etc.) in the state of Texas;
- You blood or breath alcohol level was over the legal limit; OR
- You did not have the normal use of your mental or physical faculties
These 6 facts must each be proven beyond a reasonable doubt before you can, lawfully, be convicted of a DWI in Texas.
8 things the prosecuting District Attorney does NOT want you to know about your DWI case
- His boss won’t let him offer you a reduction of your charge even though they don’t have a very strong case;
- It doesn’t matter if he believes your story, he will try to convict you anyway;
- It is much harder for him to convict you if you refused all sobriety tests and did not give a breath or blood test;
- He does not have all the necessary witnesses available to prove your case at trial;
- He has evidentiary problems that will hurt the State’s case at your trial;
- He has exculpatory evidence which would prove your innocence;
- Because of problems with your case, he plans on dismissing it if you set it for trial;
- He is not telling you any of the above because he is attempting to BLUFF you into a plea of guilty.
What you MUST do IMMEDIATELY to preserve your right to drive
- The arresting officer should have provided you with paperwork about the suspension of your driver’s license (DIC-24 statutory warning form);
- You have 15 days from the day of your arrest to request an ALR hearing to contest the suspension of your license or your license will be AUTOMATICALLY SUSPENDED;
- If you do not request an ALR hearing with 15 days of your arrest, there is no way to save your license from being suspended.
The request for an ALR hearing must be done according to SOAH (State Office of Administrative Hearings) rules. As a courtesy, my office will request your ALR hearing free of charge if your contact us for an interview. For information on an ALR hearing request and to schedule a no-obligation interview click here.
5 Requirements which must be followed before chemical or roadside tests are valid
- The officer must have had a reasonable suspicion that you were violating the law;
- The officer must have either had probable cause to arrest you or obtain your consent for roadside tests;
- The officer must inform you of your rights concerning a breath or blood test;
- The officer must have probable cause before he arrests you and before he requires you to take a chemical test
- The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.
10 questions your attorney must ask you about your DWI arrest
- What you were doing the day of, and immediately prior to, your arrest;
- How much, and what type, of alcohol you consumed;
- Your observations of the arresting officer(s);
- The officers’ stated reason for stopping you;
- Whether the officer asked or ordered you to perform roadside tests (SFSTs);
- Your opinion of your performance on the roadside tests;
- What statements you made to the officer(s);
- The results of any breath or blood tests;
- Whether there were any witnesses to your arrest;
- Whether you were observed by the officer(s) for at least 15 minutes prior to a breath test.
5 Essential items for a proper defense of your Texas DWI
- An attorney who is knowledgeable and well practiced in the area of Texas DWI law;
- An attorney with a good reputation and actual trial experience;
- A good investigation of the facts of your case;
- A vigorous, well-crafted, cross-examination;
- An attorney with a sound understanding of constitutional principles and an ability to relate those principles to the jury.
4 Preliminary Motions that must be filed prior to a Texas DWI trial, and the harm that may be caused if you don’t
- Motion to Suppress Evidence on the ground that you were unconstitutionally stopped;
- Motion to Suppress Evidence on the grounds that there was an unconstitutional search and seizure;
- Motion to Suppress Statements on failure to give Miranda rights;
- Motion for Discovery of all evidence the State intends to use against you at trial.
Failure to file any of the above motions may prevent your case from being dismissed when it should have been. In addition, failing to file these motions may prevent you from being told about evidence that would tend to prove your innocence.
7 Defense Tactics that may be used to Win your case prior to trial by using Pre-Trial Motions:
- Contest the constitutionality of any search and seizure of your person;
- Contest the constitutionality of your stop;
- Contest the constitutionality of the administration of roadside tests (SFSTs);
- Contest the constitutionality of the probably cause of your arrest;
- Contest the constitutionality of the reading, or lack there of, of your Miranda rights;
- Contest the manner in which roadside tests were administered by the officer;
- Contest the use of any blood or breath test.
2 Key pieces of information which must be learned prior to deciding to set your Texas DWI for trial
- A proper evaluation and estimation of the strengths and weaknesses of the State’s case against you;
- The effect a DWI conviction will have against your personal and professional life and future.
How can an arresting officer’s testimony be discredited?
- By his inconsistent statements his failure to record all the facts in his report, or his failure to properly recollect the facts of your arrest;
- By his inability to conduct the Standardized Field Sobriety Tests in the prescribed manner;
- By cross-examining the officer and making him admit that he made a mistake.
How can you get a jury trial for your Texas DWI?
- 1. According to the law, you have an absolute right to a jury trial for ANY criminal case, including a Texas DWI;
- To get a jury trial for your Texas DWI, you or your attorney must simply request one from the court.
Why is a jury trial advisable for your Texas DWI?
- Simply put, if you plead guilty, you have zero (0) chance of winning your case. Regardless of the facts of your case, you always have a chance at winning if you set your case for a trial. As we have reported here before, many things can happen to torpedo the State’s case against you. Witnesses may not show, or if they do, they may be unprepared, evidence may be lost or ruled inadmissible, or you may get a favorable jury. Any of these facts, and many others, are reasons why it is advisable to set your Texas DWI for a jury trial;
- At trial, 6 people have to agree, BEYOND a reasonable doubt, that you are guilty instead of having a judge or prosecutor decide if you are guilty or not;
- Jurors have real life experiences that may make them sympathetic to you and your situation.
What effect will a DWI arrest have on my driver’s license and when will I be able to drive?
- If your blood alcohol concentration was over the legal limit or you refused a test, you may not be able to drive at all for a long period of time;
- If you refused a breath test, your license may be suspended for 6 months (180 days);
- If you submitted to a breath test and you were over .08, then your license may be suspended for 3 months (90 days).
- Keep in mind: If your license is suspended, you may be granted an occupational license
- HOWEVER: If you have prior DWI contact with law enforcement or if your license has previously been suspended, there may be a waiting period before the court will grant you an occupational license. For more information about waiting periods click here.
How to save your driving privileges if you are found guilty of a Texas DWI
- Request an occupational driver’s license if your license is suspended; or
- Hire an attorney to contest the suspension for you.
