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Addison DWI Lawyers

• Douglas Goyen: D.W.I. Criminal Defense
  Defending the D.W.I. case is a process that begins at probable cause.  The case
  can get better or worse for you as you go along. The following outline addresses
  the major turning points in a DWI.
  A. Probable Cause for a stop.
  For a police officer to stop you, there must be some probable cause. Some
  articulatable reason for the stop. More often than not it is some traffic violation
  causes the stop. This type stop is fine, usually. If the police believe a crime has
  been committed or is being committed, they can detain you further to finish their
  investigation.
  You do not have to do the field sobriety tests.
  You do not have to talk with police officers.
  You do have to get out of your car if asked.
  B. Arrest.
  If the officer believes that he has evidence to make a DWI charge, the officer will
  arrest you and take you to either their station or county jail for further tests. It is
  here where they conduct further testing and the breathalyzer.
  C. Breathalyzer.
  You do not have to take the breathalyzer.  You have a statutory right to refuse. If
  you refuse, you will deny the prosecution and the state vital evidence to their
  case. A very good idea. If you refuse, your driver's license will be automatically
  suspended and the officers will confiscate the license. However, they will give you
  a temporary license, a paper license, that is good for 45 days.
  D. Driver's License Suspension.
  If you refused the breathalyzer, your license will be suspended. You must petition
  the court to grant you an "Occupational License" which will allow you to drive
  during the suspension period. This requires the filing of a Petition for
  Occupational License, hearing on Occupational License, and Order Granting
  Occupational License.  An occupational license fee of $25.00 must be paid to the
  Texas Department of Transportation. At the end of your suspension, they will
  return your license upon payment of the reinstatement fee of $125.00.
  E. Administrative License Revocation Hearing.
  If you refused to "blow," you have a right to request an Administrative License
  Revocation Hearing within 15 days of your arrest. You should always request the
  ALR hearing. Criminal cases do not have the "discovery" powers that civil cases
  have. However, since an A.L.R. hearing is civil in nature, you can subpoena the
  police officer to the hearing. You can then question the police officer regarding
  reasons he made the stop, and to test his knowledge about field sobriety testing.
  The District Attorney is not present and is not available to "coach the witness."
  Requesting an A.L.R. hearing is more expensive, but helps Defend your case.
  F. Investigation.
  Administrative License Revocation, copy the breathalyzer room tape, examination
  of the scene of arrest, interviewing your witnesses, reviewing the police report,
  etc. are all part of a complete investigation of your Driving While Intoxicated
  Defenses. If you have a good defense, then we recommend a jury trial.
  Investigation is part of getting prepared.
  G. Plea.
  If you have an outstanding tape, it is possible to get a recommendation from the
  District Attorney that your D.W.I. charge be reduced to an obstruction of a
  highway charge. This charge is still a Class B misdemeanor, but you can get
  deferred adjudication which means that, after a period of probation, the
  obstruction of a highway charge will be dismissed but your record will only show
  Deferred Adjudication or no finding of guilt. If the D.A. won't recommend a plea
  reduction, you can still plea to the DWI. In Dallas County, the standard plea is (1)
  no deferred adjudication, (2) 6 months in jail probated for 2 years, (3) fine, (4)
  court costs, and other court imposed probationary requirements including
  payment to crime stoppers, drug and alcohol awareness, and community service
  among other items.
  H. Trial.
  If you wish to try the cause, we will try it before the jury. The jury will either render
  a not guilty verdict or guilty if the government proves their case beyond a
  reasonable doubt. If found guilty, punishment is usually assessed in the same
  manner as a straight up plea. If you are found not guilty, you are entitled to have
  your criminal records expunged. All documents relating to your arrest will be
  destroyed.
  I. Expungement of Criminal Records.
  If not guilty, have the records expunged. Remove the alcohol related contact from
  your driving record. Further, you do not want any subsequent D.W.I charge or
  other criminal matter to reflect this charge.