- The arresting officer should have provided you with paperwork about the suspension of your driver’s license(notice of suspension).
- You have 15 days from the date the notice was served to request a hearing to contest the suspension or your license will be automatically suspended.
2. On or about a certain date
3. Operated a motor vehicle in a public place
4. In the state of Texas, in (Collin, Denton, Dallas) County
5. While Intoxicated
6. (By not having the normal use of your mental or physical faculties, or above a .08 blood alcohol concentration)
7. DUE to the introduction of alcohol (or drugs) into the body
- Contest the constitutionality of the stop.
- Contest the constitutionality of the administration of roadside tests.
- Contest the constitutionality of the probable cause to arrest.
- Contest the constitutionality of the Miranda rights.
- Contest the use of any blood or breath test.
- Contest the constitutionality of any search and seizure.
- Motion to suppress evidence on the ground that you were unconstitutionally stopped.
- Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
- Motion to suppress statements on failure to give Miranda rights.
- Motion for Discovery of evidence.
- Request for the video of your stop
- Request for the video of the "intoxilyzer room"
- Motion for 404(b), and 37.07 evidence (prior history of you)
- Application for Probation
- Motions in Limine (This prevents the District Attorney from bringing up certain inadmissible information)
- Request an occupational license if your license is suspended.
- Sometimes, you may take the DWI Education course within 180 days and this will keep your license from being suspended.
- If your blood alcohol was over the legal limit
- If you refused to submit to a blood or breath test
- If you are convicted of DWI
- If the judge suspends your license as a condition of your bond.
- If you are convicted, and you fail to pay DPS’s "Reinstatement Fee" (between $3,000 and $6,000).
- An estimation of the strengths and weaknesses of the State’s case against you.
- The effect of a conviction.
- The price your attorney charges if you take your case to trial (I give you this information when we first meet)
- The officer must have had a reasonable suspicion that you were violating the law.
- The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
- The officer must inform you of your rights concerning a breath or blood test.
- The officer must perform a 15 minute "observation period" before giving you a breath test
- The proper chain of custody of your blood must be maintained.
- Inconsistent statements.
- Failure to recollect.
- Inability to conduct the Standardized Field Sobriety Tests in the prescribed manner.
- Failure to properly state what his reasonable suspicion for stopping you was.
- His/Her failure to follow proper State, County, or Federal procedures.
- Six people have to agree on your guilt beyond a reasonable doubt (in a misdemeanor DWI, twelve in a felony DWI)
- In most cases, it is the only way to keep your record clean
- Punishment if you are found guilty will probably be almost identical to punishment if you plea guilty
- DPS decided to assess a surcharge of 3,000-6,000, and a jury trial may be the only way to avoid it.
- The "plea bargain" offered to you was not much of a bargain after all.
- You ARE NOT guilty! Imagine that! The policeman and the District Attorney never even contemplated this possibility.