DWI, Texas Style

I will be in Houston for a day or 2 taking care of some DWI cases that are pending there, then I go to another city for a few days to work on a big case.  Now being in another city for a few days is something I look forward to. After spending a lot of time in Texas, I find it enjoyable to go new places and meet new friends.

So about these DWI cases. It seems that most attorneys who are active in the practice of law, sooner or later get a call from someone they know asking them about a DWI. It may be a co-worker or a friend or even a son or daughter of someone you know, but it’s gonna happen. That call is gonna come and here’s my 2 cents about it. Most calls come after the fact of the arrest and the caller is just looking for some advice on what to do.

I first would determine if the person had been arrested less than 15 days ago. Now this is important, because in Texas the government can take your driver’s license if you do not demand a hearing on the license suspension. So within 15 days after the arrest,, always demand a license revocation hearing for your client or prospective client. It’s easy to do and if you don’t do it,,, contact your insurance carrier.

Next determine whether or not you as an attorney want to even take the case.  If you do not, get someone who is qualified to take it. If you decide to take the case, make sure you understand and inform your client that a conviction for DWI in Texas results in fees being paid to the State for the DWI for a period of at least 3 years, called a surcharge. If you do not explain this to your client,,, contact your insurance carrier.

Also understand this, there is no deferred adjudication available in Texas for a DWI. Forget about getting an early termination of your client’s probation period. Inform the client of the consequences of the DWI conviction in Texas. Times have changed and it ain’t like it used to be. You drink and you drive,,, plan on going to jail. Preach that mantra and you’ll be okay. But also remember the absolute right to a jury trial and who has to prove your client guilty. It certainly ain’t you.

Anyway, criminal defense is an area that has laws change faster than you would change underwear,, so just follow those basic simple rules and you’ll be okay.  I don’t know a whole lot about things, but I do know this, an honest up front talk with a prospective client is better than promising the world and not delivering. Remember, the only thing you have as a lawyer is your credibility. You blow that and you’re done. Have a nice day, I’m going to court this morning.

Advertisements

One Response to “DWI, Texas Style”

  1. dwi law lawyer Says:

    Hey, you have a great blog here! I’m definitely going to bookmark you! Thank you for your info.And this

    is dwi lawyer

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: