75 Things You Need to Know About Your DWI Case That NO ONE is Telling You

Ten things the District Attorney may not want you to know:

1. They do not have all the witnesses available to prove their case.
2. The Officer moved or no longer wants to testify
3. The Witness who "called in" the DWI cannot be found
4. The "Technical Supervisor" of the breath test is unavailable to testify.
5. The "Breath Test Operator" is unavailable to testify.
6. They has exculpatory evidence which would prove your innocence.
7. They have evidentiary problems in proving your blood alcohol level.
8. They have evidentiary problems in proving that you lost the normal use of either your mental or physical faculties.
9. You will receive almost identical punishment if you are found guilty after trial.
10. If you plea guilty, you will be assessed a $3,000 - $6,000 surcharge by DPS.

Seven of the facts that must be proved beyond a reasonable doubt before you can be found guilty:

11. You
12. On or about a certain date
13. Operated a motor vehicle in a public place
14. In the state of Texas, in (Collin, Denton, Dallas) County
15. While Intoxicated
16. (By not having the normal use of your mental or physical faculties, or above a .08 blood alcohol concentration)
17. DUE to the introduction of alcohol (or drugs) into the body

Two things you must do to preserve your right to drive:

18. The arresting officer should have provided you with paperwork about the suspension of your driver's license(notice of suspension).
19. You have 15 days from the date the notice was served to request a hearing to contest the suspension or your license will be automatically suspended.

Ten questions your attorney should be asking you:

20. Your itinerary prior to arrest.
21. Your consumption of alcohol or drugs
22. Your observations of the officer.
23. The officer's stated reasons for stopping you.
24. Whether the officer asked or ordered you to take roadside tests.
25. Your performance on roadside tests.
26. Statements you made to the officer.
27. What the results were of any breath or blood tests.
28. Whether there were witnesses to your arrest.
29. Whether you were observed for 15 minutes prior to a breath test

Five items crucial to your defense:

30. A good investigation of the facts.
31. Vigorous cross-examination.
32. A sound understanding of constitutional principles.
33. An attorney who is knowledgeable in the area of Texas DWI law.
34. An understanding of the practices and procedures of DWI in the county in which you are charged

Six reasons why a jury trial may be for you:

35. Six people have to agree on your guilt beyond a reasonable doubt (in a misdemeanor DWI, twelve in a felony DWI)
36. In most cases, it is the only way to keep your record clean
37. Punishment if you are found guilty will probably be almost identical to punishment if you plea guilty
38. DPS decided to assess a surcharge of 3,000-6,000, and a jury trial may be the only way to avoid it.
39. The "plea bargain" offered to you was not much of a bargain after all.
40. You ARE NOT guilty! Imagine that! The policeman and the District Attorney never even contemplated this possibility.

Five ways that the arresting officer's testimony may be discredited:

41. Inconsistent statements.
42. Failure to recollect.
43. Inability to conduct the Standardized Field Sobriety Tests in the prescribed manner.
44. Failure to properly state what his reasonable suspicion for stopping you was
45. His/Her failure to follow proper State, County, or Federal procedures.

Five requirements which must be followed for chemical and roadside tests to be valid:

46. The officer must have had a reasonable suspicion that you were violating the law.
47. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
48. The officer must inform you of your rights concerning a breath or blood test.
49. The officer must perform a 15 minute "observation period" before giving you a breath test
50. The proper chain of custody of your blood must be maintained

Three key pieces of information which must be learned in deciding to go to trial:

51. An estimation of the strengths and weaknesses of the State's case against you.
52. The effect of a conviction.
53. The price your attorney charges if you take your case to trial (I give you this information when we first meet)

Five ways your license can be suspended:

54. If your blood alcohol was over the legal limit
55. If you refused to submit to a blood or breath test
56. If you are convicted of DWI
57. If the judge suspends your license as a condition of your bond.
58. If you are convicted, and you fail to pay DPS's "Reinstatement Fee" (between $3,000 and $6,000).

Two ways to save your license if you are found guilty in court (by a plea of guilt, or a finding of guilty by a jury):

59. Request an occupational license if your license is suspended.
60. Sometimes, you may take the DWI Education course within 180 days and this will keep your license from being suspended.

Nine preliminary motions can be filed:

61. Motion to suppress evidence on the ground that you were unconstitutionally stopped.
62. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
63. Motion to suppress statements on failure to give Miranda rights.
64. Motion for Discovery of evidence.
65. Request for the video of your stop
66. Request for the video of the "intoxilyzer room"
67. Motion for 404(b), and 37.07 evidence (prior history of you)
68. Application for Probation
69. Motions in Limine (This prevents the District Attorney from bringing up certain inadmissible information)

Six tactics in pre-trial motions:

70. Contest the constitutionality of the stop.
71. Contest the constitutionality of the administration of roadside tests.
72. Contest the constitutionality of the probable cause to arrest.
73. Contest the constitutionality of the Miranda rights.
74. Contest the use of any blood or breath test.
75. Contest the constitutionality of any search and seizure.