1.
Get out of jail.
Once the officer places the handcuffs on you and says that you are under
arrest for a DWI, try to remain calm.
There is nothing you can say, do, or blow into, that will prevent you
from going to jail at this point. The
first step then is to arrange for your release from jail. Call 214.702.CARL
(2275) in Dallas, Collin County, and all other surrounding counties in the
Dallas-Fort Worth metroplex, or 512.657.9992
in Austin and Carl will help arrange a fast and speedy release
2.
Consult an Attorney . Time is of the essence after you are arrested
for a DWI. It is better to hire an
attorney sooner, rather than later.
There are deadlines you that will have to be met to contest the license
suspension (the “ALR” proceeding). It is
also better to have your attorney get started on formulating a possible defense
as soon as possible. Some people
literally wait until the day they are supposed to appear in court to start
thinking about hiring an attorney. This
is always a bad idea. Just like anything
else, it is better to start early if you want the best possible result.
Write
down narrative of facts. The facts of
the case always matter. The arresting officer will
write down what happened that night.. He will place this in a report and turn
it in for evidence… You need to do the same…
3.
The reality is that if your DWI case proceeds totrial, it may take many months, or even a couple of years, to go to trial. Memories fade with the passage of time. This is especially true with police officers,
who make numerous arrests throughout the year.
Having a specific recollection of the facts involved to narrate to a
jury can be very helpful. Not being able
to fully recall the events that transpired will not be very compelling to a
jury if the case proceeds to trial. You
will want to tell your side of the story, and the clearer this is, the
better. Therefore, write down a
narration of the facts as you remember them as quickly as possible.
4.
Obtain receipts, witness statements, etc. Receipts, witness statements from friends,
etc. and other tangible pieces of evidence can help document a story. These items are sometimes difficult to get,
as explained before, if the case takes a long time to proceed to trial. Therefore, try and obtain these documents
immediately following the arrest to preserve them if needed later.
5.
Schedule ALR.
You only have 15 days from the date of the arrest to schedule an “ALR”
hearing. Most people are very confused
by this process. For a first time DWI
arrest, your license will be suspended for either 90 days (if you submit to a
breath/blood test) or for 180 days (for a breath/blood test refusal). The length of a suspension varies if you have
a previous DWI conviction. If you do not
schedule the “ALR” within the 15-day window, your license will be suspended for
the statutory period of time after 40 days from the date of the DWI
arrest. There is a 1-800 number at the
bottom of the paperwork that is the temporary driving permit (usually a yellow
piece of paper). Call this number and
request an “ALR” hearing to preserve your opportunity to contest the license
suspension. Conducting an “ALR” hearing
can be productive for a variety of reasons.
To read more about this, click here.
6.
If license gets suspended, get an occupational
driving license. If your license gets
suspended following the “ALR” hearing, you will need to get an occupational
driving license. If you have a previous
DWI conviction, there may be a waiting period before you are eligible to
receive an occupational driving license.
Please call The Law Offices of Carl David Ceder, PLLC, to see if you are
eligible to obtain an “ODL.” The “ODL”
is granted for “essential” driving needs.
If your license is suspended and you are pulled over, you will likely
receive a “Driving While License Invalid” charge, a Class B misdemeanor. It is best to obtain an “ODL” if you know you
will be driving during your license suspension.
7.
Attend first court setting. There will be a “First Appearance” for your
DWI case, usually where your attorney will attend and try and obtain whatever
discovery is on file with your case. If
you do not attend this “First Appearance,” a warrant will likely be issued for
your arrest. It is best to retain an
attorney well in advance of this setting, so they can be fully prepared well in
advance of this appearance.
8.
Review discovery. The discovery in DWI case usually consists of
the video of the DWI investigation and a written report created by the
arresting officer. You attorney should
evaluate this to see if there are any deficiencies that can possibly be
exploited in your defense. Developing a
strategy based on this discovery is vital for an effective defense. important
9.
Review videotape. The videotape is often the main piece of
evidence the state relies upon when trying to obtain a conviction for a
DWI. It is extremely important to review
the videotape to develop a proper defense.
Because juries usually “scrutinize” the video of the DWI arrest so
closely, it is imperative to be fully prepared well ahead of time everything
that will be viewed. Often, the video
itself tells a far different tale than the one the arresting officer writes in
his report. It is important to analyze
the video closely, regardless of the direction of the defense.
10. Review
any potential defenses (GERD, etc.).
There are numerous defenses that are possible with a DWI case. DWI cases can either be attacked on legal
grounds (i.e. an unconstitutional traffic stop by the arresting officer), or
with factual issues (the driver simply was not “intoxicated” under Texas
Law). The defense specific to yours
should be discussed in full detail with your attorney. Often there are reasons that could lead to a
false-positive result with a chemical test.
Medical conditions such as GERD could lead to a false reading on the
Intoxilyzer 5000. Often there are very
simple reasons as to why the Standardized Field Sobriety Tests (SFST’s) are not
performed optimally (weather conditions, roadside surface conditions, injuries,
etc.). Whatever your DWI defense is
would be specific to your given case, and it should be fully evaluated by your
attorney after all information is reviewed.
11. Discuss
plea bargain offer. At a certain point
the State will offer a plea bargain offer in lieu of the case proceeding to
trial. If the offer is for a DWI
conviction, many times there is not much of a reason to NOT go to trial to have
a judge or a jury decide the outcome.
The definition of a DWI in Texas is…..
This is a very subjective standard and is always subject to the
interpretation of the arresting officer.
12. Set
for trial. The last step of the process
is to set the case for trial. Any DWI
case can be tried to a jury and possibly won.
There are no guarantees regarding the outcome, and the chance for
success differ based on the facts.
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