Guilty of DWI in Texas? Here’s Why You Still Need a DWI Attorney
Far too many people give up without a fight when facing DWI charges. They mistakenly believe because they had a few drinks they have no chance to beat their charges. In reality, Texas DWI cases don’t depend solely on whether or not you were drinking. In fact, several other factors can impact the outcome of your case. So, even if you think you’re guilty of DWI, you still need a DWI attorney for the following reasons.
Drinking and Driving Doesn’t Necessarily Mean You Are Guilty of DWI
I know this may sound counterintuitive at first glance. But it’s important to understand the prosecution must prove certain elements to find you guilty of DWI in Texas. To be found guilty, it must prove you were operating a motor vehicle in a public place while intoxicated. Intoxicated is further defined as, “Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of these substances or any other substances into the body OR having an alcohol concentration of .08% or more at the time of driving.” Furthermore, it must prove those elements beyond a reasonable doubt. So, even if you think you are guilty, that doesn’t necessarily mean the prosecution can prove it.
Evidence Could Be Lacking
This builds on the last reason why you still need an attorney. DWI investigations begin with law enforcement collecting evidence at the time of the arrest and submitting a sworn report to the district attorney’s office. The district attorney then reviews the report and evidence and, based on that information, may file a complaint (i.e. charges) in a misdemeanor case, or bring the case before a grand jury in felony cases. If the police missed a piece of evidence or failed to take into account any number of factors, the information they provide to the district attorney could paint only a partial picture. Thus, if you immediately plead guilty to DWI without knowing what evidence the district attorney has, you could be making a huge mistake.
Your Charge and Your Sentence May Not Be Set in Stone
So you think you’re guilty of DWI and plan to plead as such. You might want to accept the punishment the judge gives you and move on with your life. But you could be making a crucial mistake. Experienced criminal defense attorneys know hasty pleas rarely result in the best outcome possible. It’s important to keep in mind when facing DWI or any other Texas criminal charge, numerous factors can impact your sentencing. DWI sentencing typically falls within a standard range of punishments. An experienced DWI attorney might be able to skillfully leverage certain facts in your case to help ensure your sentence falls in the lower end of the range. More importantly, a good attorney may even be able to obtain a dismissal for you, meaning you walk away with no conviction. This is an ideal—and not at all impossible—outcome. One thing is certain, if you go a plea on a DWI, you have a 100% chance of being convicted! Yet, if you fight the case –even if you only have a 5% chance of beating it- you still have a chance of NOT being convicted. Furthermore, you will often receive less punishment from a jury than you will ever receive from the prosecutor or judge. Why is that? No one is grading the jury’s decision. They can give you the minimum if they like, which potentially could be no probation or jail time!
Always Speak With an Attorney When Facing Charges for DWI in Texas
Speaking with an attorney isn’t going to hurt you. In fact, most likely you will end up with some clarifying information that can give you peace of mind and confidence. Again, an experienced Dallas-Fort Worth DWI/DUI defense attorney will know the tendencies of the prosecution and court you now face. He or she might know that a particular judge goes easy on first-time offenders or that a certain district attorney’s office is overburdened by DWI trial cases and thus is motivated to negotiate plea bargains. The bottom line is a good DWI attorney will know the best way to get you the most favorable outcome possible.
If you’re facing DWI/DUI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email email@example.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.