DWI Representation

I've been charged with a DWI –
what do I do now?

Kelly W. Case has helped people charged with driving while intoxicated (DWI), driving under the influence (DWI) and administrative license revocation (ALR). DWI/DWI cases are some of the most complicated and difficult to take to trial. To successfully defend these cases an attorney must have a thorough and comprehensive knowledge of the science and law involved, as well as a command of the cross examination techniques necessary to bring out the errors and mistakes made by the arresting officer during a DWI/DWI arrest or investigation. Typically, these police officers have testified on numerous previous occasions and have learned how to successfully evade, provide non-responsive answers or create outright fabrications that only an attorney experienced with DWI/DWI cases can expose. Just because you have been charged, does not mean you are guilty.

Paying a minimum fee and hiring a plea lawyer to stand next to you as you plead guilty is one of the worst and longest running bad decisions you can make. You need a trial lawyer to win these cases.  Only a lawyer that is constantly in trial knows how to gather the evidence and beat the State at trial. 

Your rights are only protected when a competent, qualified lawyer researches your case, investigates the allegations contained in the offense report and is committed to fighting for your rights, utilizing every means available under the law. This means that your lawyer has a duty to investigate your case, by reviewing the offense report, visiting the scene, talking to the witnesses and researching your case to find out if there are any defenses available. Many times, you are not able to know what defenses are available. I have represented several clients who thought their cases were unwinnable because of a high blood or breath test. That is a competent attorney's job and one that takes years of studying and practice to begin to understand the complications of the law and science of the test.   By taking a quick plea, you have gone from making a bad decision to a worse decision. One that will cost thousands of dollars and will severely impact your life for many years to come. So you owe it to yourself to hire a lawyer that is going to do the job for you, and refuse to accept a plea bargain, unless absolutely necessary.

A plea should be a last resort after all investigation has been concluded; not one that is used, prior to a complete investigation and review of the evidence.

The ALR hearing is an important and necessary step in your DWI case. If you do not request a hearing within 15 days of your arrest date, your license will be automatically suspended. You must not delay. This is an important step in the defense of your case that will greatly assist you at trial. Your attorney should immediately request this hearing to guarantee the ALR hearing. If you are going to fight your case, this is where the lines are drawn. You cannot miss the opportunity to request this hearing and hope to have a decent chance of fighting your DWI.

To assist you, I offer flat rate fee plans that include representation at the ALR hearing. You need a good lawyer to preserve your rights. They are not all alike. Don't assume that you can handle this yourself. You wouldn't perform surgery on yourself, why would you think you are more capable than a lawyer with over two decades of experience in handling criminal matters?

Many people think they are going to be able to represent themselves. This is quite possibly the second worst decision a person could make, right behind hiring a lawyer to "plea". They will be going up against a very skilled lawyer, in the employment of the government. The government's lawyer will have been in court and in trial almost daily. They are very good at what they do and you cannot hope to compete with their experience or knowledge. A person that represents himself has a fool for a client, to paraphrase Abraham Lincoln. You cannot expect to defend yourself without being a professional advocate, knowledgeable of the law and trial tactics applicable to this type of case.

DWI/DWI cases have serious consequences. For a first offense they include loss of driving privileges for one year, up to a two thousand dollar ($2000.00) fine, up to six months in jail, surcharges of three to six thousand dollars and increasing insurance rates if your are even lucky enough to find an insurance company that will provide you with coverage. As you can imagine, the consequences are even more severe for a second or higher offense. Without the ability to drive, most of us could not work. This could seriously affect you for the rest of your life. Don't take a chance when you can easily obtain qualified and competent legal advice.

DPS estimates that a DWI could cost as much as $17,000.00 if you are convicted. Are you sure that your rights are being protected?