Many people charged with DWI or DUI in Texas are understandably very anxious about their pending case. It is not surprising that a person charged with a Texas DUI or DWI will want to ask his lawyer how likely it is that the case will be dismissed, or resolved favorably.
Likely, this is the most asked question in our profession. Often, we exchange pleasantries with our clients to learn about their personal lives before we dive into their case. However, we know exactly what brought them to our office. After our brief chats about family, sports, and the weather, the client often asks, “What are my chances of beating this thing?”
Upon initially introduction to the case, it’s difficult to give a clear cut answer. Each case has a number of moving pieces that are independent to specific cases. Evidence must be collected and evaluated before determining a rough estimate on potential and minimal consequences. Any criminal defense attorney will seek to take a look at three key pieces of information: police report, videos related to case, and results of any chemical tests. In most Texas counties, results of chemical tests can often take weeks. Defense attorneys rely heavily on questioning the reliability of chemical testing, samples collected, and other underlying data.
Many clients are seeking a swift process. When acting hastily, crucial mistakes can be made resulting in thousands of dollars in additional fines and potential incarceration. We often stress to our clients the value of the process. Attention to detail is important and takes time, effort, and manpower. A thorough evaluation often pays dividends in the end. Speed can kill.
When evaluating the evidence, sometimes consequences are simply inevitable. Without the use of legal loopholes, there is little that we can do about a client who decided to get behind the wheel, drive erratically, and blow a .19 when pulled over by an officer. In these circumstances, we stress getting proactive BEFORE the trial to increase the benevolence of the judge during trial.
Naturally, if you were pulled over unlawfully, we will do everything in our power and expertise to present this information to the judge. However, when we see an impending conviction, it is important to take step to lessen the judgment. Judges are much more lenient on defendants who follow up a poor decision with a smart decision. Seeking treatment before trial date will increase character and perceptive of the court.
If you decide to drive while impaired, you put others at risk. We understand that everyone makes mistakes but supplementing that mistake with denial will certainly lead to a maximum sentence. If you’ve made a dumb decision, pairing with a lawyer to decide best course of action is a smart follow up decision. Judges appreciate contrition and pursuit of rehabilitation.