DWI FAQ

Dallas, Texas, Defense for Driving While Intoxicated

Question: When should I hire an experienced DWI attorney?

As soon as possible. Immediately if possible. In Texas, you have only fifteen calendar days to contact the Department of Public Safety to schedule your ALR hearing to save your driver's license. If you miss the time limit, you will forfeit your rights and your license will be suspended. As soon as you invoke your right to an attorney, the police are required to stop any gathering of evidence based on your statements until your attorney is at your side. The sooner you have an attorney, the earlier your aggressive defense will begin. We recommend that you invoke your right to an attorney at the traffic stop, if it is apparent that you may be charged with DWI.

Question: What should I expect throughout my DWI case?

There are two parts to every DWI case. The first part, and of immediate concern, is your ALR hearing to challenge the automatic suspension of your driver's license. In Texas, your attorney may represent you at your hearing. While many people think they can handle this part of their defense themselves, it is important to hire an experience attorney to protect your driving privileges or help you get an occupational license, if necessary. The criminal proceeding will take longer to resolve - If the case goes to trial it may take up to a year. Your attorney will investigate the probable cause leading to the traffic stop, as well as the police actions and the breathalyzer and blood test results. At Crain Lewis, LLP, we keep you fully informed about how the case is progressing and how your decisions will affect the outcome.

Question: How long will the entire process take?

The length of the entire process will vary, depending upon the facts of the case and how hard you are willing to fight to protect yourself from penalties. If your attorney challenges police actions with motions to suppress evidence, your case may take several months - or, if the case goes to trial, it may take up to a year. Of course, if you decide to accept a plea bargain right away, the case may be resolved in a couple of weeks. It is important to have an attorney protect your rights and start your aggressive defense as soon as possible.

Question: What are the chances that my license will be suspended?

It depends on the evidence presented at the ALR hearing. There are two goals at the ALR hearing. The first is to save your divers' license. The second is to question the officer to confirm the story and challenge their version if necessary. Your attorney can take steps to fight for a minimum suspension period, or to help you get a restricted driver's license. If you fight the charges aggressively, we use effective strategies at the ALR hearing that may allow you to avoid the automatic suspension. A trial conviction, however, will almost certainly result in a suspended license.

Question: Will my past driving record make a difference?

Generally speaking, your previous driving record will not be a factor used against you to determine guilt. If you accept a plea bargain, or are found guilty in a trial, your driving record generally plays a big role in the penalties you receive. If you have a clean driving record, penalties for a first-time offense are not likely to be as heavy.

Question: If I am guilty of DWI, and I know it, do I still need a lawyer?

At Crain Lewis, we tell our clients that there is always an aggressive and effective defense that can be used to fight your DWI charges. DWI defense isn't just about the crime. It is also about defending the person. We look at the circumstances that led to your blood alcohol content. We consider your family situation. We make sure the judge knows of your commitment to your family and your community. By telling your personal story, we can often help get the best possible outcome. We represent people, not the criminal charge.

Question: Is it ever too late to get an attorney?

Even if your ALR hearing deadline or trial is in just a day or two, an experienced lawyer can help. We know the legal procedures that are necessary to help you get delays to develop the strongest case possible.

Contact our offices for a free consultation with a lawyer to learn more about how we can use our experience to help you.