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"…
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.
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…
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.
How long does the DWI Criminal process take? The answer to this question depends on many different factors. These factors include the nature of your case, what county you are in, how fast the police agency acted, and to what court you are assigned. If your case goes to trial,…
Expunction / Clearing Your Record If you are found not guilty by a judge or a jury, the case will be over. However, there is still a record of your trial, arrest, and charge. You will eligible for an expunction of your record, however this does not happen automatically. If…
Punishment Phase If you are found guilty by a judge or a jury, the case will proceed on to a punishment phase. During this phase, the state may bring up any prior bad acts or history. Before the trial begins, we must decide if it will be the judge or…
Trial If you have decided to plea "not guilty," you will have a trial for the finder of fact to determine whether or not you are guilty beyond a reasonable doubt. The finder of fact with either be a jury or a judge. In general, almost all of my trials…
Pre-Trial Hearings If we set your case for trial, we will usually have to attend a pre-trial hearing. This is a chance for me to file any pre-trial motions on your behalf, and help the judge to determine how long your trial is going to take. The judge holds these…
Video Review Session This is not an "official" part of the DWI court process, but an extremely important step nonetheless. With all of my DWI cases, I will hold a video review session. During your video review session, we will look at the police report from you case, and review…