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  • Writer's pictureBrian Foley

Woodlands DWI Lawyer - Should I get a lawyer for a DWI in Texas?

Updated: Mar 1, 2023

Woodlands DWI Lawyer - Should I get a lawyer for a DWI in Texas?

Brian Foley is a Board Certified Criminal Defense Lawyer who practices in The Woodlands, Texas.

Should I get a Lawyer for DWI in Texas? The answer is almost certainly yes. DWI charges come with driver's license suspensions, mandatory state fines, mandatory minimum jail times. DWI cases can be granted a type of probation where they are dismissed but STAY ON YOUR RECORD and can be used to enhance future DWI cases to felony offenses. DWI cases are the most scientifically challenging cases for the State to prove to a jury, and most DWI prosecutors are new attorneys with little experience. There are probably 1000 reasons I could give as to why you need an attorney to help you with a DWI in Texas. The most important though is the peace of mind that it will give you immediately that all the uncertainty and doubt about what is going to happen in your case is being evaluated and challenged by your very own expert. There are very few circumstances where someone shouldn't get a lawyer and yes I'll say that even as a criminal defense lawyer myself. Here's the situations where you shouldn't get a lawyer for a DWI in Texas.

1. If you are a lawyer yourself and you already know all the pitfalls and traps of DWI cases including

license suspensions, mandatory jail time, state traffic fines, and others. AND you are not interested

in fighting the case but just want to plead guilty.

Even other lawyers will hire a lawyer. If I was arrested for DWI I'd hire a lawyer to help me, and I'm board certified in Criminal Law and know just about everything there is to know about DWI investigation and prosecution. The reason is simple. It is easier for someone else to advocate on your behalf and give you a clear picture of the options. When the case involves you and your life on the line, you're not in a good position to look at things in an unbiased manner so that you can make the best decision for yourself. But if you know what you're getting into as an attorney and you just want to plead guilty, then I think you can go for it. But call me first and I'll see if you know enough to make the decision on your own. The consultation is FREE!

2. If you cannot afford a lawyer of your own and you represent yourself and the State has offered you

a deal where the case will be dismissed (and you know the difference between a real dismissal and a

dismissal due to deferred adjudication. The problem is that this happens so rarely that it might as

well not have been included on this list. Especially in DWI cases the State is unlikely to offer you a

dismissal. That is because DWI is highly politicized due to national organizations like Mothers

Against Drunk Driving and others. I don't believe in my 10 years as a prosecutor I ever saw a

prosecutor offer someone without a lawyer a dismissal on a DWI case.

Even if you have talked with a prosecutor and like the deal that they have offered you, I would still recommend getting an attorney. The reason is because you just can't know if you have some other legal defense until an expert looks at the evidence in your case. The prosecutors are lawyers for the government and they do not represent you or your interests in the case. They have pressures on them from outside organizations and the public to work out cases and get convictions, especially in a DWI case. So if they've offered you a deal it could be a good one, or a bad one. But just because it sounds good to you doesn't mean that its a fair offer based on the facts of your particular case. When you hire an attorney you are hiring an advisor that has your best interest in mind and will fight for your rights to be upheld and honored by everyone in the criminal justice system.

You also have to be careful with the word dismissal. This is because a prosecutor could say that he is offering you deferred adjudication probation on a DWI and that the case will be dismissed at the end of the probation. Well, that will not really be a dismissal and it will not lead to an expunction. If you want the case to be taken "off your record." A deferred probation will do the opposite. Even though the case is "dismissed" at the end, the prosecutors, government officials and many other organizations will be able to see the arrest. For DWIs prosecutors can even use a dismissed deferred adjudication probation to enhance future DWI cases to a class A misdemeanor or felony!

In Conclusion, you should definitely get a lawyer for a DWI in Texas.


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