Many people charged with a DWI don't want to fight the charge. They think the consequences are minimal – especially if it is a first-offense DWI. In the latter case, you will likely escape jail and only have to pay a fine. And what's more, in Texas, first-time DWI offenders can qualify for deferred adjudication or non-disclosure (sometimes inaccurately referred to as expungement), meaning your arrest and criminal records could be sealed and most people will never find out about it.
If everything went smoothly, there would be no worries. Unfortunately DWI cases rarely go smoothly. There are many hiccups along the way. For starters, if you are found guilty of a first-time DWI, it is a hard and long process to get your records sealed. Likewise, if you seek and the prosecutor offers deferred adjudication, you may quickly learn that the program wasn't as great as you were led to believe it would be. One mistake and you could end up before a sentencing judge.
The only way to be free of a criminal record with no strings attached is to fight the charge. That means potentially going to trial unless the evidence is lacking and your attorney is able to persuade the prosecutor to dismiss the case. But a trial isn't necessarily a bad thing, and it doesn't have to be scary for you. With the help of a smart, strategic DWI defense lawyer, you can have your day in court free from stress but full of hope. Getting an acquittal won't be easy, but once attained, it'll be time well spent.
Contact Doug Murphy to fight the charges against you today. In the meantime, here's an overview of how to get an acquittal for a DWI in Houston.
Make the Decision to Defend Yourself in a Houston DWI Case
You must first consider what your priorities are. If you are a professional or a student, a conviction can upend your career and interfere with your educational aspirations. Depending on the classification of the DWI, like a felony DWI, you can lose your right to vote and your right to own and use a firearm. These are known in the criminal defense world as collateral consequences, and they include:
- Difficulty obtaining loans -- personal, education, auto, or mortgage loans
- Problems with child custody
- Problems with travel
- Possible denial of scholarships or financial aid
- Problems generally finding a job
- Problems specifically getting a job in the financial sector
- Challenges to security clearance
- Challenges to a professional license, like:
As you can see, a DWI conviction leads to so much more than mere jail time and fines.
So, depending on where you are in life, fighting the charge as opposed to accepting a plea deal or deferred adjudication (only allowed for first-time DWI offenders), may be your best option.
But it is not an option to take lightly and definitely not an option if your attorney does not have the trial experience, capabilities, and insight that DWI cases in Houston require. Once you understand and are committed to fighting the DWI charge, you must find the right DWI defense attorney to help you get an acquittal at trial
Retain a Board Certified DWI Defense Attorney in Houston, TX
What really makes a difference in any criminal defense case, including DWIs, is the attorney or legal team you hire. It's already been said, they must have the knowledge and skill required of DWI cases. But there's more:
- the attorney must be able to create reasonable doubt through smart legal reasoning and by persuasively challenging the evidence and witnesses;
- the attorney must not only be able to read and interpret breath and blood test results but must also be able to explain it to laypersons or the jury; and
- the attorney must be able to read and connect with the jury – juries can be picky and touchy so it's important to be able to understand the dynamics for each unique jury and use that to the client's advantage.
Win an Acquittal at Trial for a Houston DWI
To win an acquittal at trial for a DWI, the evidence must be insufficient to prove beyond a reasonable doubt you are guilty. The jury can come back with a not guilty verdict or the judge can acquit you.
How this works sounds simpler than when it's actually practiced. Here's an overview of what getting an acquittal could involve.
- Your attorney thoroughly reviews and investigates your DWI and builds a strategic defense based on investigation and insights into DWI matters.
- Your attorney gets any hard evidence suppressed if there was a constitutional violation (e.g., lack of reasonable suspicion, improper search, and seizure, or lack of probable cause) and the evidence flowed from that violation.
- Your attorney aggressively and adequately reinforces the lack of hard evidence.
- Your attorney strategically points out flaws with the administration or outcome of any field sobriety tests, breath tests, or blood tests – whether or not there were issues with your tests, your attorney will still stress the possibility of it.
- Your attorney admits evidence and cross-examines witnesses strategically.
- Your attorney emphasizes gaps in the State's case.
- Your attorney connects with the jury and gets them to see the case from his point of view.
- Your attorney develops empathy for you.
Doug Murphy knows how to get an acquittal. His clients can testify to it. His case results can attest to it. And he has a number of past and future speaking engagements where he often advisees his colleagues on the same. So, get the attorney the professionals go to for counsel and tips on DWI defense and contact Doug Murphy today.
But first, be reminded that getting an acquittal is no guarantee if you go to trial for a DWI. But going to trial is the only way to get that acquittal. Anything else mostly means pleading guilty in some way, and mistakes made with a plea deal can result in a criminal record without the ability to return to court to defend yourself.
Contact a DWI Specialist Representing Clients in Harris County & Beyond Today
That's it: to put forth your best effort to win an acquittal for a DWI at court, all you need to do is make the decision to be committed and then retain a DWI attorney who has the resources, experience, knowledge, and insight to build a strong and viable DWI defense on your behalf.
To get determine if fighting the DWI charge is your best option and to work towards an acquittal for yourself, reach out to Doug Murphy Law Firm, P.C. either online or at (713) 229-8333 to schedule a consultation.