Sigh. Unfortunately I was pulled over late Thursday night/early Friday morning and arrested for DWI. I haven't really read too much of the DWI threads since I don't drive intoxicated. I refused the breathalyzer as recommended by just about everyone but did consent to several field sobriety tests (the follow the light one, a count backwards one, and some skip the number one). I did fine on the count backwards one and the light one but not too well on the skip the number one. I was completely cooperative during this period. Once handcuffed and on my way to the pokey I did ask the police officer if he could answer the same type of tests: I proceeded to ask all sorts of permutations of 'please count backwards from 63 to 42,' please recite the alphabet backwards from w,' etc. This did not ingratiate me with the policeman who eventually turned his in car camera off and told me to 'shut up.' I was completely cooperative during the check in period but became somewhat miffed when informed I could have my phone call when they got around to it. After awhile I started vocally protesting for my call (by repeating - 'give me a phone call, all I want is a phone call;' I am a citizen, I have a right to a phone call' loudly). That went on until they informed me procedure was to wait until the officer had filed his report and then I would get printed and get my phone call. When this didn't happen after a period of time I resumed my protestations. Eventually I got through the process and got my phonecall. What I really need information about is what comes next? I honestly don't think Joe Citizen probably will appreciate my questions to the arresting officer nor my protests at the City Jail, so I hold out little hope for an acquittal. As such do I need a lawyer? What can I expect to anticipate as costs and process. I know some of you have been through this and already had threads but despite my manual searches in the archives I couldn't find those threads (search seems to be off). Help is most appreciated. And yes, it was an embarrassing and humiliating experience. Not highly recommended.
Get a lawyer ABSOLUTELY. Your protestations on the camera/tape should not be too bad, as long as you were cooperative. Good that you did not blow - you will have your license suspended for 90 days or so... Get a lawyer, get a lawyer, get a lawyer. Expect to spend about $3000-$10,000 and if it is your first offense you may get offered adjudication. Good luck. DD PS. No, I have never had a DWI, but my college roomate had 3, and he beat them all.
How much had you had to drink. Did you have them take a blood test. I think in the absence of a blood test, it kind of comes down to what is shown on camera...and the officers word against yours.
This is true, but if you were fairly good on camera, the prosecutor will more than likely offer a deal. DD
I had been drinking is probably the best way to put it. Again I wasn't raising my voice or anything and I cooperated with every instruction from the officer (except to 'shut up') but there is a possibility I was slurring my words (or so I was told by the police).
Get a lawyer, he will get the tape, and you guys can get some popcorn and see what kind of case you have. First offenses will not get jail time, but 2nd ones will. DD
Not sure what you mean by adjudication, which means the finding of guilty or not on a case...deferred adjudication is not allowed in Texas for a DWI. As a first offense you'll likely get a year probation and a fine, whether you plea or go to trial. The expensive part (other than the hiring of an attorney, if you go that route) is going to be license renewal - if you're in Texas you're going to pay $1000 a year for 3 years to DPS on top of any other fines/fees you pay to the court, if you plea or are found guilty.
There is some sort of 15 day window to file something with an administrative court? Anyone know what that is about?
You have to submit paperwork for your ALR hearing. This hearing will determine if they suspend your drivers license. Do a google search for ALR hearing texas for more info. http://www.dwitexas.com/tx-dwi-legal-information/administrative-law.htm
You need to hire an attorney. He will be able to advise you and make deals with the DA. I am assuming you have a court date next week. The judge will ask you if you have an attorney, if you say no, he will advise you to get one.
Question for HayesStreet and the board as well. If you were planning to refuse to blow, why did you do the field tests? I've always been told to refuse both if there's any chance you'll fail. Without a sobriety test on video tape, the DA has zero evidence. From what I have heard, if you're not stone sober, you're going to jail, tests or not.
Getting an attorney is probably a smart move. You could always talk to the DA yourself and get a plea offer, but your attorney may get a better deal. Plus he can represent you in the ALR hearing, and get an occupational license for you if necessary.
Because I didn't spend enough time reading previous DWI threads on the bbs. As far as I can tell you're right, I should have just refused the sobriety tests as well.
Ask around and get a reference to a good attorney. Talk to him about how to get out of this. Pay whatever it takes. Like DD said, look at the film with him to see if there is anything that shows you to be obviously drunk. You may look fine. I have an old friend who's wife left him, with his best friend, no less, and moved halfway across the country with his little girl. He "took to the bottle," and got 3 DWI's in the space of a year, and didn't fight any of them. It would not be an exaggeration to say that it ruined his life. It's a serious thing. If you can, get out of it, Hayes, and consider it a lesson learned. Fight it.
Sorry to hear about that, Hayes. I would get a lawyer, and at least start with the plans to proceed legally against it. If in your meetings and consultations you feel that it is pointless or wrong then you can terminate your lawyer, and proceed in a different direction. Best of luck.
If they didn't give you a blood test, then get a lawyer to fight it. An attorney will cost a lot. There won't be a final judgement for 6+ months. You might be serving time when you've totally forgotten why you drank at that time. With a failed blood test, common phonebook lawyers are a waste of money. I've heard peoples accounts of spending all that time and money only to get a reduced sentence (wet reckless) or knocked down to a lower bac %age, yet still having to take classes and serving time in community service. First time non-accident offenses mainly hit the wallet. Subsequent offenses are more serious. In California, the prosecutor can bump up DUI manslaughter charges up to murder for repeat offenders. I'm not certain on Texas law. You might want to find a forum with these types of cases.... Good luck Hayes. Research more and match it with your recollections. Not everyone needs a lawyer, though from what you've written you have a good chance.
