If you have been arrested for a DWI, and you refuse to give a breath test or a sample of your blood for analysis, or if this is your second DWI, you Driver's License will be automatically suspended. You only have 15 days from the day or your arrest to request an administrative hearing and request that your Driver's License not be suspended.
There are a few ways to potentially fight a DWI case:
1. Did the officer have a reason to pull you over? Texas law requires that the officer have probable cause to pull you over. In other words, did you commit a traffic violation, or did the officer have reason to be concerned about your health or safety, and therefore pulled you over to check on you? If there is no reason to pull you over, all the evidence that the officer gathers that day will be suppressed. If that happens, the prosecutor will have very little, or no evidence to prove your case.
2. Was the officer experienced enough in conducting the DWI investigation? DWI investigations are very technical and require that the office conduct a series of tests. If the officer doesn’t do the tests accurately, the validity of his investigation can be called into question.
3. If you give a breath test, did you consent? If so, was the consent voluntary? Did the machine function properly? Are the results accurate?
4. If you give a sample of your blood, did you consent? If so, was your consent voluntary? If you didn’t consent, and the officer got a warrant, was the warrant executed correctly? Does it contain all the necessary information?
5. When your blood is drawn, is it drawn correctly?
6. When the sample is sent to the lab for analysis, are all the proper procedures followed, and are the results reliable?
7. And last, but not least – can the State prove that the person was intoxicated AT THE TIME OF DRIVING? Sometimes a DWI investigation can last for hours, and many times, the evidence is collected well after the traffic stop. The farther away from the traffic stop, the less relevant the evidence becomes, and therefore, the harder it is for the prosecutor to prove that the suspect was intoxicated at the time he or she got pulled over.
All these are potential areas that can give a person grounds to fight a DWI. Whomever you decide to hire as your lawyer, you need to make sure he or she understands all the little intricacies of DWI cases. DWI cases are probably the most technical cases in the criminal system, and if you hire a lawyer who doesn’t have the necessary experience, you may miss an opportunity to either dismiss your case, or use the evidence in your favor to plea negotiate with the prosecutor. Be aware of lawyers who promise you a dismissal.
As a prosecutor, Andreea has handled hundreds of DWI cases. She has also assisted in hundreds of DWI investigations. She has a very deep understanding of DWI law and will be able to spot avenues that may be beneficial to your case.
For example, in one instance, a client hired Andreea for a DWI case. The officer pulled the client over for a Failure to Maintain a Single Lane of Traffic. According to the offense report the client was weaving between 2 lanes of traffic and that's why the officer pulled him over. When the officer made contact with the client, he noticed an odor of alcohol and started a DWI investigation. Failing to Maintain a Single Lane of traffic is a Texas Transportation Code Violation and it requires, in addition to failing to maintain a single lane of traffic, that the action was unsafe. When Andreea read the offense report, she immediately noticed that there was no mention of any unsafe activity on the part of the client. The officer did not observed anything on the driving of the client that made it unsafe to himself or others around him. Andreea immediately recognized that there was a problem with the traffic stop, and because she was very familiar with the case law, she was able to challenge it.
This is just one example where experience with DWI cases is crucial. It can be the difference between a conviction or a dismissal. This type of experience is not something that can be found in a book, it's something that can be acquired only through handling hundreds of DW cases.