|
NOTE: If the person who refuses
to perform various tests is a resident without a license,
an order will be issued denying the issuance of a license
to the person for 180 days.
NOTE: the term “prior
alcohol or drug contact,” as used to lengthen the
period of suspensions stated above, has been defined as
“a driver’s license suspension, disqualification,
or prohibition order under the laws of this State or any
other state resulting from a conviction for driving while
intoxicated,” or “a refusal to provide a requested
specimen,” or “providing a specimen showing
an alcohol concentration of a level specified in §49.01
Texas Penal Code” (an alcohol concentration of 0.08
or greater).
3. Not taking the matter very seriously
Being charged with DWI is serious.
Not only will you be criminally prosecuted, you also risk
losing your driver’s license automatically for failing
to request your hearing in time. Further, you could be facing
probation, jail, and fines, in addition to surcharges applied
by the D.P.S. that could range from $3,000 to $6,000 over
3 years. See:
Driver's License Surcharges.
And all that is on top of higher vehicle insurance rates.
4. Not asking the lawyer about her/his DWI experience
DWI cases involve complex laws and highly technical scientific evidence.
You should ask how many DWI cases a lawyer handles per year. You should also ask for the science
behind the evidence to be explained to you.
5. Talking to anyone but an experienced DWI lawyer about your case
Every case is different. Different facts involve different provisions of the law.
Friends and family may have had a similar experience, but the DWI laws change so frequently and the penalties
have increased so severely, the options available to you may be entirely different from those of others.
6. Driving while your license is suspended
Driving during any suspension is another crime which will result in your arrest and
a separate prosecution. Additionally, your license will be suspended again if convicted of this crime.
7. Negotiating a quick plea bargain so that you can “put this case behind you”
Accepting a plea, of any kind, is an admission of guilt and a complete waiver
of your constitutional rights. It could lead to jail time and suspension of your license, which means you
could lose your job, get behind on bills, and face thousands of dollars in State fees just so you can drive
again. It could lead to probation, which means you will have to attend classes, perform community service,
report monthly to a probation officer, and pay thousands of dollars in fines, Court costs, and State
fees. Probation is a serious disruption of your life. Worse still, if you are caught violating your
probation (example: testing positive for alcohol or getting behind on your community service), your
probation can be revoked and you could be sentenced to jail.
8. Not arriving in Court on time
Harris County judges take their jobs seriously. They expect you to live up to every term
and condition of your bail bond. If you fail to appear in Court on time, your bond can be forfeited, meaning you will
lose the entire amount of the bond and will be jailed until a new bond is posted (more money spent) or until the time
of your plea or trial.
9. Not hiring a DWI Lawyer
DWI law is not a simple criminal case. It involves civil law, criminal law,
administrative law, traffic law, and criminal procedure. You are facing potential jail time and thousands
of dollars in fines, Court costs, and surcharges. Without a knowledgeable, experienced DWI lawyer on your
side, your ultimate fate is predictable. You will lose! Qualified DWI lawyers can offer you the most choices
for the best disposition of your case.
10. Choosing an attorney based solely on cost
The State of Texas has charged you with DWI. Our state has almost unlimited
resources (attorneys, investigators, police, etc.) to prosecute you. You should expect to pay your lawyer
a fair fee based upon his or her time devoted to your case, his or her experience, and his or her
reputation. If you choose the lowest price, you will probably receive the lowest amount of attention
and expertise. You deserve the best possible defense. Don’t let money be an
obstacle. Houston, Texas DWI Lawyer Clyde Burleson offers reasonable rates and a payment plan to
fit your budget!
| 
