Choosing the Right DWI Lawyer

What part of their practice is devoted to defending Texas DWI cases?

Does your lawyer own a copy of the Texas Breath Alcohol Testing Regulations?
Can your lawyer tell you a list of the breath machines shortcomings off the top of his head?

Are they skilled in the proper administration of Standardized Field Sobriety Tests?

DWI (or DUI) litigation is one of the most complex areas of criminal law. Developing DWI expertise requires extensive knowledge of the law and procedure surrounding Texas DWI law. Further, there is no substitute for DWI trial experience. I have tried hundreds of DWI cases at an extremely high rate of success. Any lawyer can accept a fee and subsequently plea a case, but a true DWI defense lawyer will have a proven record of winning.

What part of their practice is devoted to defending Texas DWI cases?

DWI and DUI laws, and techniques in defending Texas DWI's are constantly changing. What worked yesterday may not be the best approach today. It is important to find a lawyer who stays on top of current laws, trends, and what occurs in Texas Courts everyday. Does your lawyer get his continuing legal education (CLE) hours at general seminars or do they concentrate their CLE's on DWI specific seminars? The better Texas DWI lawyers get their CLE credits at DWI specific seminars and will be a member of the National College of DUI Defense.

How many DWI cases have they handled?

Experience counts, especially trial experience! Whether it's a Houston, Texas DWI Lawyer, a Dallas Texas DWI Lawyer , or a Texas DWI attorney located anywhere, they all have to have direct DWI experience. There is not a set number of cases or trials to say a lawyer is qualified to defend you, but a lawyer who does not concentrate a majority of his practice to DWI defense, and handles the occasional DWI, is unlikely to have the necessary experience to successfully defend you.

How many of their cases plead guilty?

Far too many DUI and DWI lawyers plead their clients guilty without conducting any real investigation and before they litigate any pre-trial issues. In my cases, pleading guilty is the last resort rather then a first option, and never takes place until a complete and thorough investigation and review of all the evidence has occurred.

Additionally, prosecutors do not respect lawyers who plead their clients guilty without any investigation, but they sure do like them. Those lawyers make the prosecutor's job much easier. They also do not negotiate plea bargains with them because the lawyers often take the first offer. It is important that the prosecutors know that the lawyer representing you will fight for you and that he has a reputation for winning in trial. I have had many cases dismissed on the day of trial when the jury is outside the courtroom and I am at counsel table reviewing the jury list ready to go to trial.

Learn more about my experience as a Texas DWI Lawyer

The National College for DUI Defense is a nonprofit professional organization dedicated to the dissemination of information on drunk driving litigation and to improving the quality of DWI defense lawyers .Its mission is to provide the best advanced legal training to the DWI defense lawyer to ensure greater success in defending people against the sanctions of a DWI conviction. You will find the best Texas DWI lawyers are active members.

Do they own a copy of "Texas Drunk Driving Law" and "Drinking/Driving Litigation Criminal and Civil" textbooks?

These publications are also designed to educate lawyers on changes in Texas DWI laws and gives in-depth analysis of important rulings on Texas DWI cases from across the nation. Many valuable hints and strategies are obtained from keeping up to date with these publications.

To the average defense lawyer, a breath test above the legal limit means "plead guilty" from the beginning, even though they will not tell you this until after the fee has been paid. To a true DWI defense attorney, a failed breath test in no way means you are, or will be found, guilty.

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If the lawyer cannot answer these two questions positively, you may want to look elsewhere.

Most DWI prosecutions involve results of field sobriety tests , some of which have been the subject of scientific studies conducted by the National Highway Traffic Safety Administration (NHTSA, pronounced as "Nitsa") and police agencies who knew their work was being scrutinized. NHTSA has admitted that these tests, in order to be reliable, must be administered in the "prescribed standardized manner" each and every time they are administered. Any deviation from the prescribed standardized manner affects the tests accuracy and reliability.

It is essential that your Texas DWI lawyer know which field sobriety tests have been approved by NHTSA and how to determine if any deviation occurred when the tests were administered to you.

Also, your Texas DUI lawyer should have a copy of the police officer's student training manual for field sobriety testing. If they do not have one, you may want to look elsewhere. If they do, does it look brand new or well-used with dog-eared pages? That will tell you a lot.

Often the better lawyers will have some type of formal Field Sobriety Test training. Some lawyers have been certified in administering these tests. I have specifically trained police officers on how to properly administer field sobriety tests, as well as how to write reports, investigate DWI's, and most importantly, how to testify in front of juries. Learn more about my experience as a Dallas DWI attorney by looking in my Profile

When you are arrested for DWI, you actually have two different cases as a result. One is the DWI and the other is the hearing on your potential Driver's License Suspension (Administrative License Revocation hearing, commonly referred to as the "ALR" hearing). Many lawyers who do not aggressively defend DWI's do not handle ALR hearings. If the lawyer does not personally handle both, you may want to look for a different lawyer.

Many Texas DUI attorneys take the easy approach and will either not have a hearing on the suspension of the license or will conduct them over the phone by conference call with the prosecutor and judge. In most cases, the proper and most effective manner to handle these hearings is in person in the courtroom, and only after subpoenaing the arresting officer. This takes more time, but the DWI lawyer gets to look the officer in the eye, determine if they would be a strong or weak witness for the prosecution in your DWI case, and get sworn testimony about the facts and circumstances surrounding your arrest.

Some Texas DUI lawyers take on too many cases and have associates or friends handle important aspects of cases for them. These associates or friends may not have the necessary knowledge and skill to effectively represent you. From time to time, I do assist my partners with their DWI cases. They bring me in on their defense because of my knowledge, expertise, and proven record of winning DWI's. But if you hire me, I will personally handle all aspects of your case.