Texas DWI Facts
58 Things You Must Know About Your DWI That No One Is Telling You
5 things the District Attorney does not want you to know:
- 1. He may want to offer you a reduction of charges but his boss won’t let him.
- 2. He may be planning on dismissing your case on the day of trial.
- 3. He may believe your story but will try to convict you anyway.
- 4. It is much harder for him to convict you if you refused to give a breath or blood sample and sobriety tests.
- 5. Many times, he is bluffing and will drag it out just to see if you will plea guilty!
What you must do immediately to preserve your right to drive:
- 6. The arresting officer should have provided you with paperwork about the suspension of your driver's license (notice of suspension).
- 7. You have 15 days from the date the notice was served to request a hearing to contest the suspension or your license will be automatically suspended.
- 8. Once the 15 days have passed, there is no way to save your license from being suspended.
6 of the facts that must be proved before you can be found guilty:
- 9. Your identity
- 10. As a driver operating a motor vehicle in a public place
- 11. Of a motor vehicle
- 12. In the state of Texas, while
- 13. Your blood alcohol level was over one of the prescribed limit or
- 14. You lost the normal use of your physical or mental faculties.
10 questions your attorney must ask you:
- 15. What you were doing prior to arrest.
- 16. Your consumption of alcoholic beverages.
- 17. Your observations of the officer.
- 18. The officer's stated reasons for stopping you.
- 19. Whether the officer asked or ordered you to take roadside tests
- 20. Your performance on roadside tests.
- 21. Statements you made to the officer.
- 22. What the results were of any breath or blood tests.
- 23. Whether there were witnesses to your arrest.
- 24. Whether you were observed prior to a breath test.
Why a jury trial is advisable:
- 25. Six people have to agree on your guilt instead of just having the judge decide if you are guilty or not.
- 26. Jurors have real life experiences with DWI which may make them sympathetic to your situation.
What are 4 items crucial to your defense?
- 27. A good investigation of the facts.
- 28. Vigorous cross-examination.
- 29. A sound understanding of constitutional principles.
- 30. An attorney who is knowledgeable in the area of Texas DWI law.
How do you get a jury trial?
- 31. You automatically have a right to a jury trial.
How the arresting officer's testimony can be discredited:
- 32. By his inconsistent statements and his failure to recollect.
- 33. Inability to conduct the Standardized Field Sobriety Tests in the prescribed manner.
- 34. Having the officer admit that he make mistakes.
What are the 2 key pieces of information which must be learned in deciding to go to trial?
- 35. An estimation of the weaknesses and strengths of the Texas's case against you.
- 36. The effect of a conviction.
5 requirements which must be followed for chemical and roadside tests to be valid:
- 37. The officer must have had a reasonable suspicion that you were violating the law.
- 38. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
- 39. The officer must inform you of your rights concerning a breath or blood test.
- 40. The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
- 41. The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.
What to do if you want to go to trial but cannot afford to pay an attorney for trial.
- 42. It is in your best interest to pay your attorney for trial, borrow money from family or friends or do whatever you can to pull together the funds...let's face it...your attorney plays an important part in what happens to you. If you feel you are not guilty of the offense you are charged with, and you don't want to plead guilty to get probation and not go to jail, ask the judge for a court appointed attorney to try your case.
What effect will this arrest have on my license and when will I be able to drive?
- 43. If your blood alcohol 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.
- 44. If you refused a breath test, your license may be suspended for 6 months (180 days).
- 45. If you submitted to a breath test and you were over .08, then your license may be suspended for 3 months (90 days).
How to save your license if you're found guilty in court?
- 46. Request an occupational license if your license is suspended.
- 47. Hire an attorney to contest the suspension for you.
What 4 preliminary motions should be filed, and the danger to you if they aren't.
- 48. Motion to suppress evidence on the ground that you were unconstitutionally stopped.
- 49. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
- 50. Motion to suppress statements on failure to give Miranda rights.
- 51. Motion for Discovery of all evidence. If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.
7 defense tactics in pre-trial motions:
- 52. Contest the constitutionality of the stop.
- 53. Contest the constitutionality of the administration of roadside tests.
- 54. Contest the constitutionality of the probable cause to arrest.
- 55. Contest the constitutionality of the Miranda rights.
- 56. Contest the manner in which roadside tests were given.
- 57. Contest the use of any blood or breath test.
- 58. Contest the constitutionality of any search and seizure.