10 Mistakes In a Texas DWI
- ASSUMING ALL TEXAS DWI LAWYERS ARE THE SAME – THEY ARE
NOT. Just as not all athletes have the same abilities,
not all attorneys have the same skills. The law and science
involved in a DWI/DUI is complex and ever-changing. It is
imperative that you hire a lawyer that focuses in DWI/DUI defense
and remains current on the law and science. Hire a DWI/DUI lawyer
that specifically works toward defending DWI cases.
- FAILING TO REQUEST A HEARING TO SAVE YOUR TEXAS DRIVER’S
LICENSE. Your Administrative License Revocation Hearing
(Driver’s License Hearing) is one of the most important aspects of
defending your Texas DWI/DUI case. Requesting this hearing can be
the difference in winning or losing your DWI/DUI case. Remember,
we have only 15 days from the date of your DWI/DUI arrest to try and
save your license.
- THINKING YOUR DWI/DUI IS A “SIMPLE” CASE. A
DWI in Texas is anything but simple. A conviction for DWI in
Texas remains on your record and will follow you around for the rest of
your life. If convicted of a DWI in Texas, you face fines
and surcharges of thousands of dollars, increased insurance premiums,
and a lifetime of explaining. Many people have lost jobs, failed
to receive a job offer, or lost a professional license as the result of
a DWI conviction. It is a mistake to think that a DWI in Texas is
just a “simple” case – it is not.
- PLEADING GUILTY WITHOUT A PROPER
INVESTIGATION. Many individuals arrested for DWI/DUI
want to quickly resolve the case to just “get it over
with.” However, it is extremely important that your
DWI/DUI case is properly investigated before even attempting to discuss
a resolution to the case. Immediately pleading guilty does not
allow a trained lawyer to properly scrutinize the case for
defects. Often there are police errors, Constitutional defects,
or an improper investigation that could allow your DWI/DUI case to be
dismissed. A qualified DWI/DUI lawyer could assist in finding
these errors; however, if you quickly plead guilty, your attorney will
not be able to explore these possibilities in your case.
- CHOOSING A DWI/DUI LAWYER BASED ON FEE
ALONE. You have heard the phrase, “You get what
you pay for”? Often, the lawyer with the lowest fee
is the least qualified lawyer or the lawyer who will spend the
least amount of time investigating the case, researching the law, or
challenging the government. These lawyers often operate a high
volume business and may take the first offer by the government in order
to move on to the next case. Because of the long-term costs of a
DWI/DUI conviction (fines, fees, surcharges, increased insurance
premiums, etc.), it will cost you much more in the long run than a
lawyer who is trained in defending your DWI. Would you shop for
the cheapest brain surgeon in town?
- ASSUMING THE OFFICER FOLLOWED ALL THE RULES.
Like all professions, there are some very good police officers and
there are some that are not. The laws and rules must be followed
in your DWI case in order for the government to convict you of
DWI. We have investigated many cases where the police officers
did not properly follow the law or rules – often resulting in the
dismissal of the DWI. Don’t assume the police followed the rules
in your case; instead, rely on your lawyer to investigate for
you.
- ASSUMING THE BREATH TEST IS UNBEATABLE. The
Breath Test Machine is just that – a machine. Just like all other
machines, this machine makes mistakes. The government is required
to prove that you were above the legal limit at the time you were
operating your vehicle, not at some point later. The breath test
is always at a later time. Also, any competent DWI attorney
should routinely request maintenance records for the breath test
machine in your case to see if there have been any recent
defects. Just because you take a breath test does not mean the
government automatically wins.
- FAILING TO CHALLENGE THE CONSTITUTIONALITY OF THE
STOP. The police are required to have a valid and
reasonable basis to initially come in contact with you. In many
cases the police lack any reason to stop or approach you or they are
mistaken on the law about the stop. Filing a Motion to Suppress
the evidence because of an illegal stop will often times allow you to
win your DWI.
- DRIVING AFTER YOUR LICENSE IS SUSPENDED.
Many people believe that driving while a license is suspended is no big
deal. However, if you are stopped while driving with a suspended
license, the police will take you to jail. Being taken to jail
and charged with Driving While License Suspended complicates defending
your DWI.
- WAITING TO HIRE A QUALIFIED DWI LAWYER. We have only 15 days to request your Administrative License Revocation Hearing (Driver’s License Hearing). Because of the importance of this hearing, failing to request it often is the difference in winning your DWI case and losing your DWI case. Also, if you have been arrested in Houston, Texas (Harris County) for a DWI, you will be in a criminal courtroom within 10 days of your arrest. Your DWI lawyer should be able to simplify your court appearance by speaking to the judge on your behalf, answering any questions you have about the DWI process, and beginning to investigate the evidence in the case. Ultimately, when you hire a competent DWI lawyer, you are taking the worries off of your shoulders and putting those concerns in the hands of your DWI attorney.
713-222-0400
1-877-THE-DWI-FIRM (843-3943)
Johnson, Johnson &
Baer, P.C.
The Republic Building
1018 Preston, 4th Floor
Houston, Texas 77002
For further help winning your DWI/DUI case
Contact Houston DWI Attorneys Johnson, Johnson & Baer today!
