Question: I was arrested for DWI. What is my first step?

Answer: Until your case has been properly evaluated, you will not know what course of action is in your best interest. As an experienced, former Dallas County prosecutor, I have handled hundreds of DWIs. I will gladly conduct an initial evaluation of your case at no charge to you. If you are facing DWI / DUI charges in Dallas, Tarrant, Collin, Denton, or Ellis County, contact me at 214-522-8400 or complete the online contact form to arrange a free consultation.

Question: What is involved in this initial case evaluation?

Answer: To the extent that the items are available, it will include an analysis of your video, the police report filed with the District Attorney’s office and all other documents contained in the court file. Conducting such an in-depth investigation of your case will help you make a more informed decision on how to proceed.

Question: What options are available to me after being arrested for DWI?

Answer: Generally speaking, only two options exist: Set the case for trial and fight it or accept a plea bargain offer by pleading no contest or guilty to the charge.

Question: Do I have a good chance of acquittal by going to trial?

Answer: While not every case should go to trial, the possibility of obtaining a favorable outcome should always be fully explored before accepting a plea bargain. It is important to realize that arrests for DWI are based entirely on the arresting officer’s opinion that the crime has been committed. Police are subject not only to making human mistakes, but also to psychological influences that almost always lean toward a presumption of guilt. In addition, unless correct procedures were followed by police, some or all of the evidence against you may not be admissible in court.

Question: I failed a breath test. Do I still have a chance in court?

Answer: Yes you do. There are a number of inherent problems with the testing equipment and procedures used when conducting these tests. In many cases, a thorough inspection of your arrest may reveal that the officer did not properly follow procedure, or that the equipment was not working properly at the time, or that your field sobriety test performance was affected by other factors.

Question: Should I have refused the breath and/or blood test?

Answer: If your overall appearance on the video is good, then refusing the test was probably a wise choice. However, a result of .08 or higher on the breath/blood test is certainly defensible if your video indicates that you may not have been intoxicated. Proper cross-examination of the state’s witnesses often raises doubts about the accuracy of the testing equipment, thus shifting the focus back to the video.

Question: When the arresting officer in my DWI case asked for a breath test, I insisted on consulting an attorney first. The officer did not allow me to contact an attorney. Was his action justified under the law?

Answer: Yes. Texas courts have generally held that a DWI arrestee is not entitled to the advice of counsel in making decisions regarding sobriety tests. However, once in custody, you have the right to counsel prior to interrogation by the police.

Question: What will happen to me if I do not contest the charge?

Answer: Since the penalty range varies depending on your record, it is impossible to say with certainty. However, a properly negotiated plea bargain will typically result in probation for first-time offenders. Under certain circumstances, probation may also be available to those with one of more prior DWI convictions.

Question: What is the punishment for DWI?

Answer: A first-offense DWI in Texas is a Class B misdemeanor, with penalties of:

• Up to six months in jail
• Up to a $2,000 fine.

A second DWI offense is a Class A misdemeanor, for which the penalty may be:

• Up to a year in jail
• Up to $4,000 in fines
• Lengthy driver’s license suspension.

In Texas, a third offense of DWI / DUI is a third-degree felony, subjecting one to:

• Up to ten years in prison
• Up to a $10,000 fine
• Driver’s license suspension for an extensive length of time.

Most first-time offenders, many second-time offenders, and even some third-time offenders are eligible for probation. The length and number of conditions may vary from case to case. The Law Offices of Don Tittle, PLLC, has successfully negotiated favorable probation terms in DWl cases ranging from first-time offenders to felony charges involving serious accidents and injuries. Common terms of probation include:

• Mandatory alcohol-education classes
• Community service
• Ignition interlock in cases where blood alcohol content (BAC) exceeds .15
• Once-a-month reporting (and fees) to probation officer
• OPS license reinstatement fees
• Inpatient substance abuse treatment in more serious cases.