Collin County DWI Lawyer & Attorney : Hunter Biederman : Texas DWI Defense : Serving Collin County, Denton County, Dallas County

I have been recently asked:

You stated: "You will receive almost identical punishment if you are found guilty
after trial."

If one is found Guilty, is the punishment generally the same as was
offered in the plea bargain, or generally the full penalty?
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While I can never predict the future, no judge in the counties I practice in will ever assess a maximum punishment for a first time DWI offender with no history. Standard "plea bargain" punishment before trial, or after trial are almost always the same. Between 1 and 2 years probation, a fine between $300-$800, 24-40 hours of community service, and alcohol awareness courses.

Because of the getting generally same punishment given even if you lose at trial, many charged (when represented by competent DWI counsel), will opt for a trial, knowing there is very little to lose. If you plea guilty you have a 100% chance of being convicted for life. If you plea not guilty, you at least have some chance of keeping your record clean. Depending on the facts of your case, of course, your chances go up or down.

PS. I tried to respond to the sender of this question, but was unable to reply to the email address given. If you need assistance with a case, feel free to call me at 469-252-4018.

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I am often asked the question,

"What is SR-22 Insurance?"

SR-22 insurance policy is a note held on file by the DPS. It is an extra charge you pay for your insurance carrier to communicate directly with DPS. DPS will hold your proof of insurance in their system, and whenever there is a lapse of insurance your carrier will contact DPS, possibly resulting in another suspended license.

When is SR-22 required?

SR-22 Insurance is usually required after a DWI conviction for a set amount of time, and it usually runs approximately $25-$50 per month on top of your normal rate. SR-22 insurance is also often needed if you obtain an occupational drivers’ license as a result of a suspension (Either ALR or conviction suspension).  Depending on the court and the judge, you may have to obtain SR-22 insurance even before you request an occupational drivers license.  SR-22 does not mean full coverage or necessarily expensive as some people believe, you may still purchase your state's minimum liability automobile insurance coverage, just with a SR-22 policy added.

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"I was just arrested for DWI 2nd... what will this do to my license?"

The answer to this question in Texas is complex, and depends on many factors that are not known based on the question. I would need to know if you refused to submit to a breath test, and how recently you had "ALR Contact" and how recently your prior DWI Conviction was.

ALR Suspension

If you refused a breath test, and had prior ALR contact within 10 years, your license will be suspended for 2 years.

If you failed a breath test, and had prior ALR contact within 10 years, your license will be suspended for 1 year.

DWI 2nd Conviction

If you are convicted for DWI 2nd, and you last conviction was within 5 years, your license may be suspended for up to two years.

Occupational Drivers License - Waiting periods

One of the major pitfalls to a DWI 2nd conviction or ALR suspension is the Occupational Drivers License mandated waiting period. What this means, is that your must wait until your attorney can even file for an Occupational Drivers License (Hardship License) on your behalf.

If you have an Administrative Suspension (For refusal or failure), and a prior DWI within 5 years, the waiting period is 180 days. If you receive a DWI 2nd conviction, and your prior conviction is within 5 years of this case, THERE IS A 1 YEAR WAITING PERIOD!

..All the more reason to fight your DWI case.

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