How to Win Your {DFWcounty} DWI

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WIN Your DWI?

Selecting an experienced {DFWcounty} DWI Attorney is critical to your future!

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An experienced DWI Attorney offers you benefits that have real value to you. An expert DWI attorney has strategies that provide several tangible benefits, including:

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DWI arrests involve complex issues that are only partially discussed here. An Expert DWI Attorney has mastered this complexity, so you don’t need to, but the following is an explanation of the basic evaluation considerations for DWI. Below are some {common|typical} DWI defense {strategies|techniques|methods} {employed|utilized|used} by {DFWcounty}, TX {attorneys|lawyers}.



 

{What|Exactly what} are {the best|the very best} DWI defense {strategies|techniques|methods}?

{Effective|Efficient|Reliable} DWI defense {strategies|techniques|methods} {begin|start} with {full|complete} disclosure {between|in between} {defendant|accused|offender} and {his or her|his/her} DWI {lawyer|attorney|legal representative}. Every case and conviction is {unique|distinct|special} and {should|ought to|must|need to} {never|never ever} be treated with a one-size-fits-all {approach|method|technique}. Being 100% {honest|truthful|sincere} with your DWI {attorney|lawyer} is the only {way|method} {he or she|she or he} can {defend|protect|safeguard} you to the {fullest|max|maximum} {extent|degree|level} of the law. The first strategy is to manage legal costs to keep costs low while assuring expert, aggressive DWI defense. 

Legal Costs and Fees for your budget

How can an Expert DWI Attorney manage legal fees so they fit my budget? A DWI arrest is expensive with the bail bond, towing and other costs, so legal fees are a concern for most of my clients. WE GUARANTEE BEST FEE AVAILABLE FROM EXPERT DWI ATTORNEY. We offer the most cost-effective defense available in {DFWcounty}

If you prefer an Attorney with an expensive office [that you pay for] and wish to travel to that office every time you have a question, we probably aren’t for you. I have been doing this for a long time and have developed a lean process designed for aggressive, effective DWI defense that saves you time and money. Fees are set as a fixed sum with these options:

  • FREE ALR request: no requirement that you purchase any other services.
  • The total fee for clients who know they will want hearings and a trial when you can’t suffer a DWI conviction. Most want an evaluation of their chances before deciding on trial
  • Texas_DWI_Attorney_OnlineFee for limited services that is selected by most of my clients
    • Case Evaluation of chances for successful dismissal, reduction or trial
    • Advise you on your options and help you decide how to proceed
    • Do ALR hearing and Occupational License if DPS suspends your license
    • Recommend DWI education to prepare for fight or guilty plea
    • If you decide to plead guilty, negotiate the Best Deal Possible
  • Optional services, if client decides they want to fight the case in these ways
    • Motion to Suppress or other pretrial hearings seeking dismissal
    • Limited trial preparation seeking reduction of DWI
    • Trial fee-seeking acquittal
  • Payment options
    • Single payment with 10% reduction
    • Payment plan that works with your budget

Attorney fees are related to the time an Attorney needs to spend on your case for effective, aggressive DWI defense. The time includes actual legal work, court appearances and the cost of administrative tasks, such as phone calls, emails, and other necessary tasks. Some of the administration can be delegated to a legal assistant, but not all. You want to know that your attorney is managing your case, including these administrative functions. You want an attorney who will review the police reports to find the way to get a dismissal or other favorable resolution.

We Don’t disrupt your schedule any more than necessary

Your time is valuable.

  • Why travel and wait for an attorney to see you?
  • Why spend time in the waiting room filling out forms that we offer online, so you do them nights, weekends at your convenience?

We offer the following benefits:

  • Avoid office conferences that demand your time
  • Avoid you appearing in court-let attorney do it.
  • Gather information with online forms when convenient to you
  • Use phone calls for 1-1 communication, even 5- 6 pm
  • Exchange routine questions and information by email

Keep You Driving Legally

The ALR request and hearing seeks to save your license. The police may take your license, but their actions are not a suspension. Even though they have your license, it is still valid, unless you fail to request an ALR hearing within 15 days after the arrest. If not, your license is automatically suspended.

The ALR hearing forces DPS to reveal the police reports that they say justify you being stopped and arrested. Since this almost happens before the criminal case begins, these reports give valuable insight into the case against you. Usually, these reports are the only evidence offered by DPS, so if they aren’t done properly or show that the police actions were not legally justified, you keep your license.

Even if DPS is successful in getting you suspended, we arrange for you to have an Occupational License so that you continue driving legally.   

The BEST Result is Dismissal of the DWI

What if there are civil {right|best|ideal} {violations|infractions|offenses} that could {result in|lead to} {dismissal|termination} of the case {against|versus} you? Dismissal is possible when the arrest has {violations|infractions} of your civil or legal rights–

  • Was the {police|authorities|cops} contact with you legal?
  • Was your arrest {legally|lawfully} {justified|warranted}?
  • Were you {treated|cured} {unfairly|unjustly}?

Violation of your Miranda rights

  • Were your rights {read|explained} to you {properly|correctly|appropriately|effectively}?
  • Did you {request|demand} legal representation and was it {provided|offered|supplied} or {denied|rejected}? Unfortunately, your right to Miranda rights don’t kick in after the police have discovered so much evidence that Miranda is usually not helpful.

Field sobriety {testing|screening} {errors|mistakes} are sometimes very important

Was {a camera|a video camera|a cam|an electronic camera} on your activities 100% of the time?

  • Did the officer {really|truly|actually} {comply with|adhere to|abide by} the {proper|appropriate|correct} standardized {procedures|treatments}?
  • Did these tests {give|provide|offer} you {a fair chance|a sporting chance}?

Faulty {law enforcement|police} {protocol|procedure} in other ways can result in dismissal

  • {How many|The number of} officers {were present|existed}?
  • Were any blood or urine samples {contaminated|polluted|infected}?

Reduction of the DWI

texas-dwi-defense-attorney-online-beaty-lawfirmIf a reduction of your DWI to a lesser charge, you benefit in these ways:

  • You don’t face the risk of trial that might result in conviction
  • You avoid a permanent DWI conviction on your record
  • You don’t pay the Surcharge that is at least 1000 per year for 3 years
  • If the reduction is a deferred sentence, you can hide the conviction later

The disadvantages of reducing the charge are:

  • You must perform the same conditions of probation as a DWI
  • You give up your right to a trial that might result in acquittal

Since the State will not agree to a reduction unless the case has problems for them so they might lose the trial, it is not often available. The “problems” for the State that can result in their willingness to reduce the charge can be questions about the legality of the detention or arrest (discussed below) or a weak case that could result in an acquittal at trial. It is never offered until the State is forced to look closely at the case preparing for trial. I always urge my clients to accept a reduction, since the risk of conviction always exists, no matter how good the case looks for you.

Was Your Arrest Legally Justified?

The first and sometimes the most important question an experienced DWI Attorney asks when seeking dismissal of your DWI case is “why your vehicle was stopped?” Police officers across the state of Texas can make lawful temporary texas-dwi-arrest-help-bail-bondsmandetentions of you and your vehicle for any of the following reasons:

  1. A “Consensual Encounter”
  2. “ reasonable suspicion.”
  3. “Probable Cause”
  4. Preexisting Warrant
  5. “Community Caretaking.”
  6. Voluntary Encounter

Police MUST offer sufficient proof that one of these existed to avoid dismissal of your case. These lawful reasons for detention are explained below so you can determine which ones exist in your case and, most importantly, are they based on weak proof? An expert DWI Attorney knows how to find the weakness in the State’s case to secure dismissal of your DWI and license suspension cases.

Reasonable Suspicion:

Is it possible for your temporary detention by police to be illegal? Absolutely! In fact, most dismissals occur because Police get too eager and stop your vehicle without “reasonable suspicion” of wrongdoing. What happens if your encounter with the police is not voluntary? An officer pulls behind you, lights up his red and blues, and orders you to the side of the road? You have been temporarily detained by law enforcement and are not free to leave; this is called a “Terry Stop”. Now the question for your DWI defense attorney becomes, was this stop legally justified?

For an officer to temporarily detain you, they must have”reasonable suspicion” a crime has been, is currently, or soon will be committed. “reasonable suspicion” is a set of specific, articulate facts. It is more than a hunch or guess, but less than “Probable Cause.” In fact,”reasonable suspicion” is one of the lowest standards of proof in the DWI legal system. As such, it does not require proof that any unlawful conduct occurred before an officer can temporarily detain you. Out of the ordinary actions that are simply related to a crime may be sufficient. For example, you may be stopped for weaving within your lane at 2 a.m., just after leaving a bar. None of those things themselves are against the law, but all together could give an officer’s”reasonable suspicion” that you are driving while intoxicated and stop you from investigating. In fact, some judges find reasonable suspicion in weaving alone. The standard is not high, but sometimes we can persuade a judge that the proof is NOT adequate to justify the detention.

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Because traffic offenses are crimes in the state of Texas, you can be legally detained under the suspicion of violating just one. There are hundreds, even thousands, of traffic offense for which you can be stopped. For example, an officer observes your vehicle passing him traveling at a high rate of speed. Just as he looks down at his speedometer and sees his vehicle is going 49 mph in a 50 mph zone, you speed by him. He doesn’t have to confirm your speed with his radar or laser (LIDAR) equipment. Based on his training and experience [common sense], he “suspects” that you are traveling over the speed limit. That is enough for a lawful temporary legal detention.

What to Do if It’s an Illegal Stop?

An experienced DWI defense attorney can file a Motion to Suppress and fight the legality of your stop. A Motion to Suppress asks the court presiding over your case to review the facts surrounding your detention and rule on its validity. The presiding judge will look at all of the facts surrounding your temporary detention and decide whether the officer’s actions were reasonable; this is called reviewing the totality of the circumstances. It is important to note that the judge may only consider facts the officer knew at the time of your stop and not facts obtained later down the road.

If your Motion to Suppress is granted, then all of the evidence obtained during your stop will be inadmissible in court. With no evidence admissible, the State must dismiss your case. Though the State has the right to appeal this decision to a higher court, they seldom do so. If the Judge grants your Motion to Suppress, his decision will dispose of your case in its entirety, resulting in a dismissal and expunction, which removes the arrest from your public and DWI record. If the Motion to Suppress is denied, then your case will proceed as usual unless you decide to appeal the court’s decision to the court of appeals.

However, even if you have been legally detained, the next step requires the officer to have “Probable Cause” to arrest you.

Probable Cause:

An arrest must be based on “Probable Cause”, so dismissal results if the evidence doesn’t support probable cause. The purpose of their questions and Standard Field Sobriety Tests (SFST) is to develop clear “probable cause” to arrest you.

Once you have been legally detained an officer can request several things from you. First, they can ask a series of questions. The officer asks you these questions to gather clues that you have been drinking. Officers observe, which may include, but are not limited to, the following questions:

  1. Where are you coming from?
  2. Where are you headed?
  3. Have had anything to drink?
  4. How many drinks?
  5. What time was your last drink?

Second, they request/demand that you to complete several tasks:

  1. {Demand|Ask} you to {provide|hand over|surrender|submit} your license or another form of identification to {run|check} you for outstanding warrants
  2. Demand your proof of insurance
  3. Require you exit the vehicle.
  4. Demand that you perform field sobriety (SFST) tests and never tell you that actually, you have a choice.

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At this point in an investigation, the officer is building a case against you without warning you of your Miranda or any other rights. Although technically you can refuse to do these tests, no policeman will tell you. Few citizens know they have a right to refuse, so they do the tests, thinking they must do so. Everything you do or say at this stage of the investigation will be used against you in court. Usually, it is recorded by video so that police can use it in the trial.

The police look for as signs to use an argument that you are intoxicated:

  • red bloodshot,
  • watery eyes;
  • an odor of an alcoholic beverage;
  • slurred speech; or
  • if a person fumbles with their wallet or has slow movements.

Again, there might be perfectly valid reasons for each of these that have nothing to do with alcohol, yet if an officer observes any of these things, he will argue that they indicate intoxication. It is important to note that while you do have to identify yourself with your license and insurance card, you are not required to speak to the officer or answer any further questions.

Sometimes an officer’s observations of a person’s behavior, driving or otherwise, leads to an opinion that is more than “reasonable suspicion.” When an officer’s logical investigation discovers facts that would lead a reasonably intelligent and prudent person to believe you have committed a crime they may arrest you for further investigation. This is called “Probable Cause” standard, and it is the standard used to justify an arrest.

“Probable Cause” is a higher standard of proof than”reasonable suspicion” and, therefore, requires additional evidence.

Is it possible for you to arrest without either “reasonable suspicion” or “Probable Cause”? Of course! An experienced DWI defense attorney can file a Motion to Suppress and fight the legality of the arrest. This motion follows the same procedure as the one previously discussed for challenging”reasonable suspicion” and just like before the state only has to prove”reasonable suspicion” for a temporary detention. “Probable Cause” is a higher standard of proof than”reasonable suspicion” and would require additional evidence for an arrest, but not for a stop.

Lawful Stops with a pre-existing warrant:

Can you be stopped for no traffic violation at all? Yes. Even if you have not broken a single traffic violation or engaged in suspicious behavior, you may be still be stopped for an outstanding warrant or “reasonable suspicion” of drunken driving, even if your actions are not actual offenses.

Texas-DWI-Arrest-Case-Defense-LawyerIf there is a warrant out for your arrest-such as a traffic ticket- you may be legally detained and arrested at any point, whether you are driving in your car or walking around outside. When driving, officers may run the license plate of any vehicle you are operating to check for outstanding warrants. If their in-car system returns with a hit on your license plate, they will confirm the warrant with police dispatch. In fact, if there is an outstanding warrant for the registered driver of that vehicle, and you, as the driver, resemble the description, you may be stopped whether you have an outstanding warrant or not.

Being stopped for an outstanding warrant that does not necessarily mean you will be immediately arrested. Once legally detained, an officer may engage in any investigation to develop “Probable Cause” for any offense he or she has a suspicion you have committed.

Because suspects of Driving While Intoxicated cases are stopped while operating a motor vehicle, it is rare for an outstanding warrant to come into play. However, if have already parked and exited your car, police may use any existing warrant to detain you and investigate for signs of intoxication.

Community Caretaking:

The most misunderstood reason for detention is called “community caretaking”. A variation on the exigent circumstances doctrine, the “Community Caretaking” exception allows an officer to stop a person when the officer reasonably believes the person needs the officer’s assistance. This exception recognizes that “police officers do much more than enforcing the law, conduct investigations, and gather evidence to be used in DWI proceedings. Part of their job is to investigate vehicle collisions—where there is often no claim of DWI liability to direct traffic and to perform other duties that can be best described as ‘”Community Caretaking” functions.’”

An officer does not need any basis for believing the suspect is engaging or about to engage in any DWI activity under the “Community Caretaking” stop. Instead, the circumstances create a duty for the officer to protect the welfare of a person or the community. The potential for harm must require immediate, warrantless action.

The Court of DWI Appeals has held that a police officer may stop and assist an individual whom a reasonable person, given all of the circumstances, would believe needs help. In determining whether a police officer acted reasonably in stopping an individual to decide if he needs assistance, courts consider the following factors:

  • the nature and level of the distress exhibited by the individual;
  • the location of the individual;
  • whether or not the individual was alone and had access to assistance independent of that offered by the officer; and
  • to what extent the individual, if not assisted, presented a danger to himself or others.

A “Community Caretaking” stop does not include the right to search incident to the stop. Whether an officer may search for weapons will depend on whether she has an independent reason to believe the suspect is armed. Wright texas-dwi-defense-attorney-beaty-lawfirminvolved an officer-citizen encounter on public property. The Wright court suggested that the “Community Caretaking” exception might also apply to private property (including homes), but “only in the most unusual circumstances.”

The Court of DWI Appeals and the U.S. Supreme Court both held that the “Community Caretaking” stop could apply to both passengers and drivers. Courts have indicated that passenger distress signals less of a need for law enforcement intervention. If the driver is OK, then the driver can provide the necessary assistance by driving to a hospital or other care. Several courts have addressed the question of when weaving in a lane and drifting out of a lane of traffic is enough to give rise to”reasonable suspicion” or justify a “Community Caretaking” stop and have concluded:

  • • driver distress is a more compelling justification than passenger distress;
  • • more drivers on the road in potential danger present a more compelling justification for a “Community Caretaking” stop; and
  • the elements of the crime of weaving are different from weaving as an element of a decision to pull over a driver based on “Community Caretaking” or”reasonable suspicion” of DWI

One other note about the “Community Caretaking” exception: This is the only exception to the warrant requirement where an officer’s subjective motivation is significant. An officer must be motivated by safety or concern for someone’s well-being. The officer’s belief must also be reasonable.

The prerequisites that establish “”Community Caretaking”” as an exception to the requirement for a search warrant include:

  • circumstances create a duty for the peace officer to protect the welfare of an individual or the community,
  • the potential for harm requires immediate action, and
  • the officer has insufficient information to prepare a valid warrant affidavit.

One problem that arises is when an officer has a “hunch” that something is wrong and uses it as an excuse to detain the driver. Judges find it difficult to rule against an officer genuinely concerned about a citizen that might be in danger, injured or threatened-even if it is only a hunch. The arrest is more easily justified if the driver seems to be having a heart attack or other illness that impairs their ability to drive or care for themselves.

Consensual (Voluntary) Encounter:

A voluntary encounter occurs when a police officer approaches you in a public place, whether in your vehicle or not, to ask you questions. When you stop your car so that anyone can walk up and talk to you, a voluntary encounter occurs. Unless the officer requires you to answer his or her questions, you are not protected under the Fourth Amendment against unreasonable search or seizure. When you are not protected under the Fourth Amendment, an officer can ask you anything they want for as long as they want because, as far as the law is concerned, you are not detained. One common circumstance is when an officer walks up to the side of your car. Politely, you open the window and thus enter into a “voluntary encounter” without realizing it. Maybe, being distracted and not so polite to the officer is a safer strategy. If he knocks on the window or otherwise demands that it be lowered, you are not submitting to a “voluntary” encounter. These can be close questions of law that demand an experienced DWI attorney to analyze.

What does that mean to engage in a “voluntary encounter”?

This is a legal fiction that courts have found convenient. Theoretically, it means you are free to not be a voluntary participant, ignore their questions, free to walk away, and free drive away.

Want to laugh? No matter how polite you might be walking away is not an option that citizens believe they have. How do you know whether you are engaging in a voluntary encounter or are legally detained? A few simple questions directed at the officer will give you the answer. First ask, “Do I have to answer your questions?” If not, “Am I free to leave?” Some good indicators you are not free to leave are the use of an officer’s overhead lights or siren or physical indication by the officer for you to pull over or stop. If you are free to leave, then leave and you will be stopped. No officer will allow anyone suspected of driving with some alcohol, but the 2d stop will clearly be one to challenge. Then, you may have a better shot at dismissal. Once you do, an officer must come up with a valid legal reason to stop you and require your compliance.

Merely being in the officer’s presence, you create ”reasonable suspicion” to legally detain you. For example, if an officer engages you in a voluntary encounter by

  • asking your name and where you are headed,
  • he or she may hear slurred speech (a sign of intoxication) or
  • smell an odor of marijuana (a sign of marijuana possession) or
  • see an open container of alcohol in your vehicle (a DWI offense).

Now, they have”reasonable suspicion” to detain you further. Before you think you have nothing to hide, remember there have been passengers in your vehicle, other drivers, or previous owners who may have left something behind that could now get you in trouble. There are endless possibilities; the only way to avoid them all is to exercise your right to go.

Trial of Your DWI case

The trial is a way to go if your case has a real prospect of success in convincing a judge or jury that you were not intoxicated while driving. Sometimes, a client might need to try a case that has a poor chance of success, because the consequences of a conviction are too immense. The advantage of a trial is an acquittal that allows the entire case to be expunged entirely from your criminal and public record.

The disadvantages are

  • Risk of conviction
  • Cost in both time and money to prepare defense

Fighting to avoid Jail or, if not possible, reduce the time required

DWI 1st probation does not require any jail time, but DWI 2d and above require some jail time as a condition of probation. We work to keep any jail time to a minimum. Maybe you doubt that you can successfully perform probation, so we seek a minimum jail recommendation for your consideration. Perhaps you want to move on as quickly as possible, so a jail rec is all that you will consider. Even if State’s Attorney won’t offer a reasonable jail rec, you can go to trial for the limited purpose of getting a shorter jail sentence. Often juries are much more realistic than the Court.

Conclusion:

These are elaborate legal theories and law, so you need to know how these apply to your case. Only an experienced DWI attorney can analyze your situation to figure how these rules apply. Most importantly, an expert DWI attorney can find the mistakes that police make, which might result in a winning case. Don’t take the chance that your case is a winner. Consult an experienced DWI attorney today!

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