I have a nephew that received a DWI early New Year's morning in Austin, Texas. He failed the field sobriety test and then registered a .14 at the station. He met with a lawyer (which he cannot afford) who said he would essentially get (if he pleads no contest) 18-36 months of probation, 50-100 hours of community service and 3 year license suspension but he would be able to get an 'occupational license' which would cost him $1000 per year. The lawyer's fee would be around $1200. For all of you lawyers out there, does this sound reasonable for a 1st offense DWI? He's 22 and has a wife, child and steady job. If this is a 'boilerplate' type of punishment, is there any reason to pay a lawyer to accomplish this or would a public defender be able to 'swing' the same type of deal? Thanks
DWI punishments are different across counties and judges. I know parts of Texas that are known to give mandatory jail time for DWI. As far as I'm concerned, any plea for probation is a windfall in a DWI. The fee seems reasonable, but as with every service, it doesn't hurt to shop around.
I've always thought that first time offenders can get the charge reduced to DUI. Then you'd face a 3 month suspension, probation, and fine.
That is the crux of my question. Why would a lawyer be able to get this seemingly boilerplate deal when a public defender wouldn't? I am just curious about this. It seems that by pleading 'no contest' a public defender should be able to accomplish the same thing. Is it lack of effort on the PD's part? Thanks for any light you can shed on this.
i don't do criminal work...so i'm really not sure. but my understanding is that PDs are not the way to go when you're being charged with a crime, if you can afford otherwise. to me, paying the $1200 or so is really like buying an insurance policy and a security blanket. i think it's probably a wise investment.
The biggest mistake he made was blowing for the cops. I got a DWI this time last year in Austin, I was 21 at the time and with the aid of a $3000 lawyer I was able to get 2 years probation, 60 hours community service, license suspended for 6 months (only because I didn't blow), in addition to court costs, fees, $62/month probation officer fee, and various DWI education courses. Since I got my DWI, the laws have actually changed to make the punishment worse, and the $1000/year license thing is one of the changes that has been made. From what I understand, deals can only be made with the aid of a lawyer because the money you pass to them goes on to change hands a few other times - if you get my drift. The deal I was able to get, because they didn't have enough evidence on me without my blow sample, was a reduced charge to reckless driving, which I plead no contest to but still wound up on probation. Because the lawyer is only charging 1200 - which to me sounds like a good deal, I would say go ahead and hire the guy. Also, make sure that your nephew views the field sobriety video with his lawyer, it may make the case more in his favor. Anyway, I know it's a b****, cause I'm still doing the probation thing, but hopefully, he'll be able to come out of it all right. <i>-Turbo</i>
Find the best firm in town and use their cheapest lawyer (cheapest does not mean worst it's just inexperienced). That way insted of paying $250-350/hour you can get a guy for $125/hour. The law firms make campaign contributions to judges so the judge doesn't care which attorney just he is from a firm which donates. The benefits of a lawyer is also deeper than that: An attorney can figure out when to goto court (usually you can go in the day or put it off a few weeks). That may not make sense but different judges treat things differently and in 2 weeks it may be a differnet judge (and teh attorney's know who will be behind the bench). You'd be surprised how many judges (or at least tales of judges) there are where his/her spouse/parent/child was killed by a drunk driver.
Maybe he should have thought about the fact that he has a wife and child and couldn't afford the associated legal fees before he got behind the wheel drunk.
Of course he should have, DHB. But now that he's in this mess, I'll speak from extensive personal experience and say that a real lawyer is definitely the way to go. Court-appointed attorneys are not very effective. They're usually doing some pro-bono work because they need to or they're just in so bad of a financial state that they'll pick up cases assigned to them by the state. That translates into your lawyer (no matter how good or bad they may be) probably not working his hardest. He/She doesn't (morally) have to do a good job for his/her client because it's the state that's paying him for his work. Although this may sound a little screwed up, these lawyers often have the tendency to be more loyal to the state and less loyal to the defendant. To them, if they build a good rep with the DA and the judge during their stint there, when they get real paying clients they will be better off. But pertaining to the punishment part of your question, that's pretty high for a first time DWI. The 3 year license suspension is the maximum you can receive, IIRC. The 18-36 month probation is a little high too. I would expect more along the lines of 12-24. The amount of community service sounds about right though. Also keep in mind that probation will be way more than just that one word. It'll entail MADD classes, fines upon fines upon fines, supervisory fees ($35/month), lab fees (which are a flat rate of 50 per year in Travis County, I believe), court costs and probably various other duties that I'm not remembering at this time. The whole probation thing would add thousands of dollars to the 2-3K for the occupational drivers license through the duration of his suspension. One more thing, I've seen A LOT of people with 5 year prison sentences just for their 3rd offense. DWI isn't innocent. If he wants to get intoxicated away from home, tell him to smoke mar1juana. That's not nearly as bad as drunk driving (because there's no such thing as a weedalizer test and possession is considerably less of a crime than DWI).
Sorry about your nephew, Bobrek.... I'm just 'shotgunning' thoughts right now since I've been dealing with this issue lately.... First time DWI is a Class B, a second offense is Class A, and a third offense is felony DWI. I'm trying one of those next week as a matter of fact. Ninety days probated one year to 18 months is a general range of probation for first time DWI. (Meaning if the probation was violated a person could serve up to 90 days jail after revocation). DWI Education and attending a Victim Impact Panel are compulsory. CSR (community service) hours can vary, as can the fine. Hypothetically, if no probation were given, then 3 days jail is mandatory for a first time DWI offender. You can be given 2 for 1 credit for a night spent in jail when arrested plus the day you come to court so that could *potentially* take care of it. (Just to give you an idea on the range of punishment). Realistically, it is considered a 'probation' offense so that is usually the plea offer. As of September 1, 2003, there is also a $1,000/year surcharge imposed by the state through DPS to maintain your TDL. It escalates if it is a 2nd offense. Not that it helps now, but the surcharge will most likely get repealed (if not a special session, then in a couple of years). The infinite wisdom of the legislature failed to consider the consequence of tremendously backed-up trial dockets filled with nothing but DWI cases. That's a tangent for another day, however.
' I agree wholeheartedly, unfortunately what's done is done and this will be a wake up call for the rest of his life. I'm just trying to find out some information from a long ways away. He deserves whatever punishment is dealt and he accepts that. It just seems to me that a public defender should be able to accomplish the same type of "boilerplate" deal that a paid attorney could.
It means if you have been convicted of a DWI that occurred on or after September 1, 2003 you will have to pay $1,000 a year for three years to keep your drivers license. It is a new 'surcharge' imposed by the State of Texas that was passed during the last legislative session. If someone chooses not to pay it, their license remains invalid for up to three years. If stopped while driving with an invalid license, you are charged with yet *another* Class B misdemeanor.... meaning more headaches, more money spent, etc.... you get the idea. As you can tell, the consequences of one mistake can snowball out of control pretty darn quickly sometimes.
I'm glad you agree. I just thought that you posted that part looking for sympathy. That said, hiring a lawyer can definitely make a difference, though it's not guranteed to. A lawyer potentially could help with less community serivce time, no occupational license fees, and a reduced suspended license. As Fatty McBastard posted, your nephew is looking at spending an additional $3,000 if he goes the lawyer route.
I don't see how my post came across looking for sympathy. I merely stated the facts of the punishment as I knew them and asked if any of the BBS lawyers felt what the lawyer told him was reasonable for a first time offense and secondly why can't a public defender get the same type of deal as a paid lawyer. The only reason I mentioned the job and family is that may affect what a judge will do with respect to punishment and I was trying to foresee any questions responding folks may ask. As I understand things, having a steady job is essential to probation. I appreciate all of the info that folks have responded with. It just seems to me that there should be a system in place in which you plead guilty (or no contest) to any particular crime and get what everyone else gets for the same offense regardless if you use a paid attorney or a public defender or no lawyer at all. Obviously, all bets are off if you go to trial, but there should be a template for incidents like this. For example, why should the courts decide that since you have a paid attorney you should get 50 hours of community service instead of 100 if you use a PD? Assuming a template of punishment is in place, you simply agree to the punishment and that's that. If you want to try your luck with a trial, you then decide to go that route. Instead there is at least one court appearance for the plea and then another court appearance for the deal to be 'approved'. I guess the strong presence the legal profession has in the lobbying realm pays off.
I was specifically referring to the the part where you mentioned his lack of funds, and the fact he has a wife and child. Sorry for the confusion.
