The Benefits of DWI Trials in Texas
How to Handle Your Texas DWI Case
When facing DWI charges, it can be difficult to know where to start and who to turn to. Speaking with an attorney should give you an idea of your options, but not all Texas DWI attorneys have the same approach to DWI defense. Some focus on obtaining plea deals and may pressure you to plead guilty for a reduced sentence. Others take a more aggressive approach and prefer to try every case.
In reality, every DWI case is different, but there are clear benefits to DWI trials. Find an attorney who will explain all your options for handling your case but will advise you on the best approach given the facts and circumstances of your offense. DWI trials are a good option for many cases, and here’s why.
A High Legal Standard
If you choose to plead not guilty, the prosecutor must prove each element of the case beyond a reasonable doubt. This is a high standard of proof and not one that is easily met. Don’t make the mistake of assuming because your BAC (blood alcohol concentration) was .08% or higher that you will be convicted. The prosecutor must satisfy every element of your case.
A Look at DWI Trials in Texas
If you choose to take your Texas DWI case to trial, you have some options. You can work with an attorney to leverage those options in your favor. For example, you will have a choice between a trial before a judge or a jury. If you have a trial before a judge, called a “bench trial”, the judge will also determine your sentence if you are convicted. If you have a jury trial, you have the choice to either let the judge determine your punishment or the jury. Again, these options give you flexibility and opportunities to maximize your chance of acquittal.
A Chance to Negotiate
Next, you should know that many DWI cases settle during pretrial negotiations. In these negotiations, your attorney can attempt to negotiate a plea deal (i.e. plea bargain) wherein you exchange a guilty plea for a punishment you can agree on. The court avoids a resource-intensive trial, and the defendant typically walks away with a punishment he or she is OK with.
But accepting a plea bargain is essentially accepting a conviction. And, while these negotiations take place, your case can be rescheduled several times. The court has regular delays, and your attorney and the prosecutor both have busy schedules. Note that this period of your case can take some time, but be patient. If you can’t resolve your case with a plea bargain, your case will be set for trial.
Prior to Trial
Before your case is tried, both sides may gather and submit evidence to the court. Your attorney will also have the chance to file any pretrial motions, such as:
- Motion to Dismiss for Lack of Probable Cause
- Motion to Suppress Evidence
- Motion to Strike Prior Offenses
- Motion to Exclude Testimony
A good attorney can strategically file such motions to strengthen your defense.
This information should give you a general idea of the benefits of DWI trials in Texas. A trial gives you a chance to defend your rights and challenge the prosecution’s argument. But you should speak with a Dallas-Fort Worth DWI defense attorney with trial experience if you are facing DWI charges. An attorney can evaluate all the facts of your case and give you personalized advice on what the best course of action is for you.
If you’re facing DWI 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. 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 firstname.lastname@example.org, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.