Preparing for Your Texas DWI Case

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Brett Pritchard Law

If you’re facing a DWI charge in Texas, it puts you in a difficult position, and you’re facing a challenging journey forward. The legal and social consequences of a conviction are serious and can have a lasting impact. Fortunately, an experienced Round Rock DWI defense attorney can help you every step of the way – in defense of your rights and in pursuit of an optimal outcome.

Consult with a Practiced DWI Defense Lawyer from the Start

The most important step you can take as you prepare for your DWI case is reaching out to a capable Round Rock DWI defense attorney for the legal guidance you need. They will ably take on each of the following tasks as you make your way forward:

  • Ensuring that you know what to expect

  • Ensuring that you know your rights and that you invoke them to your advantage

  • Helping you make the right choices for you in the context of your unique case

  • Building a strong defense that the prosecution has a difficult time refuting

  • Engaging in skilled negotiations with the prosecution – with the goal of having the charge against you dropped altogether, but barring that, reaching a beneficial plea deal – when doing so supports your best interests

  • Being very well prepared to take your case to trial and to fiercely advocate for a not guilty finding

The sooner you have a DWI defense lawyer in your corner, the better prepared you’ll be to put the DWI charge you’re facing behind you – with your rights intact.

Understand the Charge against You

If you’ve been charged with DWI – or driving while intoxicated – in Texas, it means that the police have probable cause to believe that you were over the legal limit of a .08 percent blood alcohol concentration (BAC).

This level of impairment can lead to a loss in muscle coordination in relation to a host of factors that include balance, reaction time, vision, speech, and hearing. You may also have a harder time identifying danger and could suffer impaired judgment and self-control as well as diminished reasoning and memory.

A DWI Charge with a BAC that Is under the Limit

This is not, however, the extent of DWI charges in Texas. Even if your BAC isn’t over the limit, the police can arrest you if you were visibly impaired, such as if you couldn’t stay in your lane, were tailgating, or were driving erratically. This means that you could face a DWI charge with a BAC as low as .04 percent.

A first DWI charge with no enhancements in Texas is a Class B misdemeanor, and a conviction carries up to 120 days in jail as well as fines of up to $2,000. You can also expect a driver’s license suspension of up to a year, and you may be required to have an ignition interlock device installed in your vehicle.

DWI Enhancements

In Texas, there are specific factors that can enhance – or increase the severity of – the DWI charge you’re facing, and the most common include all the following:

  • Having prior convictions

  • Having a BAC that is over .15 percent

  • Having a child passenger in the car

  • Committing intoxication assault

  • Committing intoxication manslaughter

The DWI charge you’re facing can become far more serious with each enhancement that applies.

Know Your Rights

If you’ve been arrested for DWI, you don’t need a legal background or a thorough understanding of the charge against you, but there is one thing that you shouldn’t lose sight of at any point in the proceedings. This is that you have the right to remain silent and the right to an attorney, and you should focus on these rights.

The police are well-positioned to swoop in and gather whatever kind of incriminating statement they can trick you into making before you wise up and invoke your right to remain silent. It’s important to also know that the police can lie to you in an effort to obtain information that strengthens the case against you, and they are not above stooping to such tactics.

All you are required to do, however, is share basic identifying information about yourself, and you shouldn’t buy into whatever storyline they’re trying to sell you. Once you’ve answered the few questions you’re required to respond to, it’s time to let the police know you won’t be doing any more talking and that you want an attorney.

A final point that needs to be made here is that you’ll need to actually stop talking. The police are required to inform you of your Miranda rights, but saying that you won’t be doing any talking isn’t the same as actually remaining quiet. In order for your right to remain silent to protect you, you need to remain silent. Anything that you do go on to say can and will be used against you.

Gather the Evidence Necessary to Support Your Defense

Once you have a handle on the charge you’re facing, it’s time to gather and compile all the available evidence as you move forward with building your defense. This includes getting a hold of everything the police and the state have – some of which could end up supporting your version of events.

While the prosecution would like you to believe that they have an iron-clad case against you, this is not necessarily true, and it may be completely off the mark. The kinds of evidence that could make all the difference in your case include all the following:

  • The police report

  • The score from your breathalyzer test, and the maintenance and calibration reports in relation to the device used

  • The testimony of those who spent time with you prior to the stop – who may be able to knowledgeably testify regarding your sobriety

  • The testimony of eyewitnesses at the stop who may have seen things differently than the police did

  • Footage from any photos and videos taken at the stop as well as from the officers’ dashcams and bodycams

DWI charges can follow an unpredictable path, and the more evidence you have at your disposal, the better prepared you’ll be to bring your strongest defense.

The Deal about Plea Deals

Sometimes, plea deals are advantageous, and if that’s the case for you, your trusted Round Rock DWI defense attorney will be sure that you know what you need to know in order to make the right decisions for you. At other times, however, plea deals aren’t considered such great deals.

The bottom line is that, when you make a plea deal, you admit guilt. Yes, the charge against you may have been reduced, and the sentence you face may have been decreased, but it will leave you with a criminal record, which is generally considered less than ideal.

A criminal record is a matter of public information, which means that it comes with serious social consequences, including all the following:

  • Difficulty renting a place to live or being approved for a home loan

  • Fewer job opportunities

  • Potential changes in relation to your professional licensure, which could mean revocation

  • A decline in your overall social standing

  • Fewer opportunities in relation to higher education, such as qualifying for federal student aid, being accepted to the college of your choice, and living on campus

Every DWI case must be considered in relation to the unique circumstances that apply. And while a plea deal may be a good option for you, it may not be.

Prepare for Court

If your case is moving forward toward court, it can be an extremely stressful experience, but it’s important to put things in perspective. Your DWI defense lawyer wouldn’t advise you to proceed to trial if they didn’t believe in your case and your defense strategy.

They have the experience and legal insight to help you forge ahead with the confidence that comes from knowing you’re in good legal hands, and you should allow this to guide you.

When you head to court, you face the unknown, but there are a wide range of things you can do to help calm your nerves and successfully navigate the path forward. A big part of this is having a plan.

Arrange Childcare

To begin with, you’ll want to clear your calendar in relation to your court date. If you’ll need daycare for your children, you should get that squared away ahead of time—with a backup plan in place in case something outside your control occurs.

Know Where You’re Going

If you’re facing a DWI charge, you’ve got enough on your plate, and you owe it to yourself and to the outcome of your case to control the variables that you can control. This includes knowing where you’re going.

Do a practice run to the courthouse to ensure that you won’t have any trouble getting there and figure out where you’ll be parking ahead of time. These are issues you don’t want to be fretting about as the time for your court appearance approaches.

Allow Yourself the Time You Need

Instead of ballparking that it will take about 20 minutes, for example, to get where you need to be on your court date and then hoping for the best, figure out how much time you’ll actually need to not only drive from your starting point to your destination but also to park, to walk in, to make your way through security, and to reach the courtroom where your case will be heard.

At this point, you should also build in some additional time that allows you to address any unforeseen issues that could slow you down. Finally, you should plan on arriving at your final destination at least 15 minutes early. The last thing you need is to be running late when so much is at stake.

Put Your Best Foot Forward

When it comes to your DWI court date, it’s to your advantage to follow the protocols of the court. This includes putting effort into your appearance, wearing clothing that reflects your respect for the court, and minding your p’s and q’s in terms of what you say.

This is no time to go rogue, and it’s important to know that the judge hearing your case has personal biases of their own. While judges are required to be impartial, their biases can show, and it can affect case outcomes. Being on your best behavior is always advised.

It’s in your best interest to look appropriate and act appropriately throughout your DWI case. Your experienced Round Rock DWI defense attorney will help to ensure that you know what to expect and that you are well-prepared to present yourself in the best light.

When It’s Your Turn to Speak

While you DWI defense lawyer will very likely do most of the talking on your behalf, the judge may speak to you directly, and you should be prepared to conduct yourself accordingly.

This includes using your honor when addressing the judge, listening carefully to the proceedings as they unfold, speaking clearly and politely when called upon to do so, and – because you’re under oath – answering all questions truthfully.

While the thought of a DWI hearing can be overwhelming, it’s important to remember that your DWI defense attorney is on your side and there to help you every step of the way forward.

Make the Call to an Experienced Round Rock DWI Defense Lawyer Today

Facing a DWI charge can be incredibly stressful—but with so much on the line, you can’t afford to leave your future to chance. Brett Pritchard at The Law Office of Brett H. Pritchard is a skilled and persuasive Round Rock DWI defense attorney who has helped many clients successfully prepare for their cases and win in court. He’s ready to help you, too.

For more information about what we can do for you, please don’t put off contacting or calling us at 254-781-4222 and scheduling a free consultation today.

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