The short answer is yes. A first offense DWI carries a potential punishment range of up to one hundred eighty days in the County Jail and up to a $2,000 fine. Even if you are sure that you are factually “guilty” you should hire an experienced Collin County DWI lawyer who knows the law, the science and the ins and outs of the court system.
An attorney can review all of the evidence in the case including all of the police generated documents, the video of both the roadside and Intoxilyzer room, the Intoxilyzer breath testing slip and a lab report in blood test cases. Only when all of the evidence is available can you and your attorney make an intelligent decision about how to proceed. An experienced DWI attorney will be looking at a number of things including:
- How do you look on video?
- Was the breath or blood evidence obtained lawfully?
- Was the breath or blood evidence obtained in such a way that its analytical reliability or validity may be compromised?
- Was the stop of your car by police lawful?
- Did the police officer administer the Standardized Field Sobriety Tests correctly?
- Does the police report contain internal contradictions, or is it contradicted by the video?
- Will the State be able to locate and secure the attendance of the witnesses at trial?
You also need an attorney to explain the consequences and maybe avoid an unforeseen or unwanted punishment. Your attorney can negotiate the charges and the length of your potential sentence. You want to make sure your case is handled properly the first time because most guilty pleas in Texas require that you waive your right to appeal.
Contact Rosenthal Kalabus & Therrian at (972) 369-0577. We will work with you personally to understand your unique situation and exhaust any and all viable options to preserve your innocence.