A DWI arrest in Texas creates two cases: a DWI charge and a driver’s license suspension for up to 2 years. It is possible to avoid a license suspension and maybe even a DWI conviction. Here’s how:
- Request an ALR hearing from DPS within 15 days of your date of arrest. You may call DPS at (800) 394-9913 to immediately stop the suspension of your driver’s license. Some non-DWI lawyers advise their clients not to do these hearings, but you should ALWAYS request a hearing. It is an important step to defending your DWI.
- Hire a lawyer with license suspension trial and DWI trial experience.
If it has been longer than 15 days since your arrest, don’t worry! You may be eligible for an occupational license that will allow you to keep driving while your license is suspended.
The DWI charge brings even more potential problems: huge fines from the county and state, lengthy and difficult probation sentences, and/or jail time.
As a former driver’s license suspension lawyer for the Texas DPS, Steve has tried thousands and thousands of license suspension hearings, more than any other defense lawyer in Montgomery County. As a defense lawyer, he has helped many people save their driver’s licenses and stay on the road, including other attorneys and former prosecutors.
What Steve Dennis can do for you
- Get the DWI dismissed – The best result to a DWI case is a complete dismissal of all charges. This usually only occurs when the DA feels he will lose in a trial. If the DA knows the defense lawyer is a skilled and experienced DWI lawyer, he may be inclined to dismiss the case rather than lose at trial. Steve has been trying cases longer than any of the assistant DA’s currently prosecuting misdemeanor DWI cases in the Montgomery County Courts at Law.
- Get a “Not Guilty” verdict – If the DA won’t dismiss your case, you may have to take the case to trial. It is the DA’s job to prove your guilt “beyond a reasonable doubt” to a judge or jury. Having the wrong lawyer in a DWI trial can be disastrous. A jury trial is the most difficult part of a lawyer’s job and a proper defense and case evaluation before trial should be done only by a skilled DWI trial attorney.
- Get the DWI dismissed and plea to a lesser offense – If the DA won’t completely let the case go, it is possible to have the DWI dismissed if the client pleads to reckless driving, obstructing a highway, public intoxication, or DUI if the client is under 21. This way the DWI can usually be taken off of your record.
- Get the best deal possible – If after a complete review of your case (ALR hearing, review scene, jail video and police reports, etc.) it is determined that your case cannot be dismissed or won at trial, it may be necessary to try and work out a deal for the least punishment possible. DA’s usually don’t give good plea bargain offers to lawyers they know don’t try DWI cases. In the event of a very high breath test, bad video, or bad car accident, a client still needs a DWI lawyer to help them avoid jail time, if possible.
No lawyer can tell a client exactly what can be done on their case without knowing all the facts from both the client and the police. Every DWI case is different, but here are a few recent examples of how Steve has helped beat DWI’s here in Montgomery County:
|DWI Jury Trial||NOT GUILTY||Client failed all field sobriety tests|
|DWI Jury Trial||NOT GUILTY||Client was drinking and had slurred speech|
|DWI Jury Trial||NOT GUILTY||Client failed all field sobriety tests. Jury out less than 30 minutes.|
|DWI Jury Trial||NOT GUILTY||Client’s driving witnessed by a minister and DPS Trooper|
|DWI Jury Trial||DISMISSED||0.15 Breath Test. Dismissed 15 minutes before trial.|
|DWI Jury Trial||DISMISSED||Client already on probation. Dismissed after DPS trooper testified.|
|DWI 2nd Jury Trial||DISMISSED||Dismissed 5 minutes before trial.
Client pled to driving while licensed suspended
|BWI Jury Trial||NOT GUILTY||Client was an attorney|
|DWI||DISMISSED||Client had over .14 blood alcohol content|
|DWI||DISMISSED||Reduced to minor DUI|
|DWI||DISMISSED||Reduced to reckless driving|
|DWI||DISMISSED||Client was pulled from car by DPS troopers|
|DWI||DISMISSED||Client pulled from car by Shenandoah PD after chase|
|DWI||DISMISSED||Client was convicted felon who had been to prison|
|DWI||DISMISSED||Client was using alcohol and prescription drugs|
|DWI||DISMISSED||Client blew 0.69 on breath test|
|DWI||DISMISSED||Client blew 0.16 on portable breath test at scene|
|DWI||DISMISSED||Client had prior arrests|
|DWI||DISMISSED||Client “failed” all field sobriety tests|
|DWI||REDUCED||Reduced to obstruction of a highway|
|DWI||REDUCED||Reduced to reckless driving|
|DWI||REDUCED||Reduced to reckless driving. Client had prior DWI.|
|DWI 2nd||DISMISSED||License case won and no suspension|
|DWI 2nd||DISMISSED||Also won ALR hearing, client kept license|
|DWI 2nd||REDUCED||Reduced to obstruction of a highway|
|DWI 2nd||DISMISSED||Client in accident, failed all field sobriety tests|
|DWI 2nd||DISMISSED||Client of probation at time of arrest|
|DWI 2nd||DISMISSED||Client had marijuana in car at prior felony arrests|
|BWI||NOT GUILTY||Client had over 0.15 breath test|
Possession of Marijuana
|DISMISSED||Client was drinking and had marijuana. BOTH Dismissed.|
|Felony DWI||DISMISSED||Client’s driving witnessed by mayor.
Client was convicted felon, facing 25-99 yrs in prison.
With child in car
|DISMISSED||Client was a lawyer on DWI probation at the time|
|Felony DWI||REDUCED||Reduced to misdemeanor.
Client served only a few days in jail, no probation.
|Intoxication Assault||REDUCED||Reduced to misdemeanor DWI.
Breath tests 0.19. Client paid fine only, no probation.
|Intoxicated Manslaughter||PROBATION||Client has .20 blood alcohol.
Also with cocaine and marijuana.
* Many other DWI’s dismissed and won in jury trials. Many felony DWI’s reduced to misdemeanors.
** Every case is different and there is no guarantee made for any specific result.
Do not go into court without an experienced trial attorney.