Isn’t a DWI/DUI just a misdemeanor?
Yes, unless you have prior DWI/DUI convictions. The consequences of a DWI/DUI conviction are more severe than people realize. And if you hold a commercial driver’s license (CDL), the penalties for your occupation are more severe.

What the average person doesn’t realize is just how complex these cases are. A top DWI/DUI attorney must master the science and scientific evidence regarding the Intoxilyzer 5000. That same attorney must have mastered the “Standard Field Sobriety Tests” or SFST’s propounded by National Highway Transportation and Safety Administration (NHTSA). An expert DWI/DUI attorney will be a courtroom professional with intimate knowledge of trial tactics, Texas Rules of Evidence and Criminal Code of Procedure as well as the Texas Transportation Code.

In addition, top DWI/DUI attorneys will maintain their expertise by attending selected seminars around the country. So even though it may seem that this case is only a “misdemeanor”, it touches upon a broad range of disciplines that take time and effort to master.

Aren’t all attorneys licensed in Texas equal?
All attorneys in the State of Texas are licensed by the State Bar of Texas. We are required to attend an accredited law school, and then sit for the bar exam. This is supposed to show a minimum proficiency in the law; all areas of the law. That is where the similarities end. Depending on whether they choose to be in the courtroom, doing research, or writing contracts, there are many different types of attorneys.

There are also many different types of Criminal attorneys. Some handle only traffic tickets or felony cases and some only handle DWI/DUI’s. These attorneys have built years of experience in the courtroom to be top notch DWI/DUI trial attorneys.

Even among attorneys claiming to handle DWI’s there are only a select few that belong to prestigious national, state or local, DWI groups such as the National College for DUI Defense, Inc.

What do I need an attorney for?
You need an attorney if you are planning on challenging any facet of your case. Maybe the officer had no grounds to stop you, or he performed the SFST’s improperly, or the Intoxilyzer was not working properly or was suffering from interference by radio waves. Only a top DWI/DUI attorney will be able to review all the evidence and expose weaknesses in the government’s case. Each DWI case is drastically different and must be examined carefully by a qualified, expert DWI attorney. Only a top DWI attorney will be able to recommend the right experts to help you defend your case.

You will only have one shot at a “not guilty”. This is not the time for your life and future to be left to “chance”. Hiring an attorney after the fact will cost you a lot more than just money. Once you are convicted, there is very little that can be done to change the outcome, so don’t waste the only chance you may be given for victory.

Why does one attorney charge so much and others charge almost nothing? What is the difference?
Some attorneys claim they will charge a minimum fee to stand with you and make sure “your rights are protected” when you plea. They will charge some small amount, do nothing in the way of investigation and do not negotiate with the prosecutor on your behalf. They are plea lawyers. They are not trial lawyers.

Some people mistakenly think this will save them a lot of money. But usually, they regret their decision before the ink has dried on the plea papers. They learn, after that plea lawyer is finished, what the real cost will be.

Why would anyone do this?
There are several reasons. Sometimes people do not realize that they may have a valid defense. Because they are not trained in the law and are not knowledgeable about the science of defending a DWI/DUI, they think their case is hopeless. So they decide to pay a minimal amount to have an “attorney” walk them through the plea process.

Sadly, these people do not realize that a quality DWI/DUI attorney is highly trained to defend those “hopeless” cases. And they are not hopeless. Usually, it is a matter of the average person not having the information and knowledge about all of the various defenses available in these cases. That is why they need a real DWI/DUI lawyer, not a plea lawyer.

Remember “Good lawyers aren’t cheap and cheap lawyers aren’t good.”

Should I just plead guilty?
How can anyone possibly answer that without investigating the facts and circumstances of each case? I have reviewed thousands of DWI/DUI cases both as a prosecutor and as a DWI/DUI attorney. For over 1 ½ years, I personally supervised every DWI in the county while I served as Chief of the Misdemeanor division of the District Attorney’s Office.

Every case is different. Every case involves different defenses. Every case involves different evidentiary issues.

Only a thorough investigation can bring you the answer to this question. Fortunately, hiring a quality DWI/DUI attorney, who thoroughly investigates each case, will bring better results than just taking the first plea offered. After a complete exam of the facts of the case and through the discovery process, a DWI/DUI attorney can defend your case. This can mean a reduced charge or reduction in the punishment range itself.

A “plea” lawyer will never learn about these because they aren’t driven by defending clients. They operate of a volume basis and can only make money if they haul in a large catch of clients and can quickly convince their clients to plea.

So, should you plea? Only as a last resort!

What to look for in your lawyer?
Attendance at a highly ranked and well-known law school – did the attorney graduate from a top ranked law school, known for graduating the best lawyers?

Specialized membership or professional affiliations – does the attorney belong to and routinely attend seminars hosted by these organizations:

National College for DUI Defense, Inc. www.ncdd.com
National Association of Criminal Defense Lawyers (NACDL) www.nacdl.com
Texas Criminal Defense Lawyer’s Association (TCDLA) www.tcdla.com
Local Criminal Bar Associations – these are usually organized on a county-by-county basis.
Advanced Training
NHTSA Standardized Sobriety Test for Students
NHTSA Standardized Field Sobriety Tests for Instructors
Intoxilyzer 5000 training course
Ask for recommendations from previous clients. Get their names and numbers and contact them to ask about their experiences with the attorney.

Disciplinary actions – does the attorney have any prior or pending disciplinary actions or complaints? Has the attorney ever been convicted of a crime more serious than a parking or traffic ticket? Check the attorney’s disciplinary history at www.texasbar.com

Fees – how does the attorney set their fees? Most Texas DWI/DUI attorneys work on a flat fee basis. Also, highly experienced attorneys often charge much higher fees than younger, less experienced lawyers. That’s because a lawyer that is skilled in the courtroom is able to convince the prosecutor of the difficulty of obtaining a conviction and is able to handle every situation that comes up during a trial. These attorneys are also trying cases and thoroughly investigating their cases coming up for trial. They cannot take the volume of cases that a “plea” lawyer would take. A good attorney will limit the number of cases he accepts so as to do an exceptional job for his clients.

Years in Practice – there is no substitute for experience, and staying current in developing areas of the law.

A Former Misdemeanor Prosecutor – Prosecutors see a large number of DWI/DUI cases. The caseload of a misdemeanor prosecutor is composed of somewhere around 70% DWI/DUI or driving impaired cases. Those lawyers who were formerly prosecutors were responsible for intake, charging, negotiating and in many cases, investigating and trying a large of number DWI/DUI’s. Often they have argued against the best attorneys in their area and have seen quality legal skills. They know what it takes to be the best. Former prosecutors, who have become defense attorneys, are usually the most formidable opponents for a current prosecutor . . . and the cycle goes on!

Use of Technology – The use PowerPoint presentations and an expert use of video technology has been proven to be a winning factor in DWI/DUI cases.

Does the attorney encourage the use of e-mail? Does he have a method for internet case submission?

Does the attorney have a comprehensive, informative website?

Attorney’s who master technology, deliver legal services with better quality, reliability and at a fraction of the cost because they are able to minimize the time spent performing trial preparation and research.

Communication – the number one complaint is that a lawyer does not return their client’s phone calls and fail to communicate with their clients. A quality attorney will provide you with all of his phone numbers and will make a point to respond to you. Your attorney has a legal obligation to keep you informed about the status of your case.

Quality DWI/DUI attorneys provide their clients with newsletters and notices of decisions and cases that directly affect their case. This does NOT mean that clients can communicate with our firm daily. Busy trial lawyers cannot do that. Calling your lawyer everyday to find out what is going on in your case is not “communication.”

Compatibility – A good DWI/DUI attorney will never turn a client away because they thought that person was guilty. But sometimes personalities do not match.

Locality – does your attorney frequently work in the courts in your county? It is a mistake to hire an out of town attorney, unless that attorney is willing to hire a local lawyer to assist with the case. An out of town attorney will not be familiar with the court rules and policies. This will end up costing you money, if not seriously jeopardizing your case if deadlines are missed. Experience and familiarity with the court, court staff and personnel at the courthouse enable an attorney to accomplish things easily and quickly. A local attorney is a must!

Ethics – lawyers are only as good as their reputations and all they have to sell is their time. If your attorney ever recommends an illegal act or tells you it is acceptable to lie or engage in dishonest acts, you need to immediately fire that lawyer and report them to the State Bar. You do not want to compound your problems by being charged in a second criminal case as a party to a fraud on the court or other similar crime. A premier attorney would NEVER risk their career or their client’s future with such foolishness!