The National TOP 100 Trial Lawyers
America's Top 100 - Criminal Defense Attorneys
Avvo Reviews
Avvo Ratting 10.0 Top Attorney
Avvo Clients' Choice Award 2018
The University of Texas at Austin School of Law

9 Signs You Need to Hire a DWI Attorney

The Law Firm of Andrea M. Kolski

Driving is a necessary part of life for millions of Texans. There are few public transportation options in Texas and because many area are rural and spread out, getting a rideshare such as Uber or Lyft can be a challenge. With few options, sometimes drivers take the wheel after a few drinks and don’t realize their mistake until it’s too late.

Texas has about 260 DWI arrests for every 100,000 people annually. If you’ve been arrested for driving while intoxicated, you’re not alone. However, it’s not something to take lightly. A DWI conviction in Texas can wreak havoc on your financial, professional, and personal life in ways you can’t imagine. Don’t let a mistake ruin your future. Hiring an experienced DWI lawyer is a smart investment that can reduce much of the pain from a DWI.

An experienced DWI lawyer knows the ins and outs of your particular state and county law enforcement and judiciary systems – which judges and courts are tougher or more understanding on offenders. An experienced DWI lawyer can greatly reduce your jail time and/or fines, but most importantly, they can assist you in finding the personal help that you need.

If you’ve been charged with a DWI in Texas, don’t gamble with your future. Get help with a DWI case and read on to see how a DWI lawyer can help your situation.

Is Hiring a DWI Attorney Necessary?

Every Texas citizen has the right to a fair trial and legal representation. It’s important to note that citizens are not guaranteed a right to “great” or “the best” legal representation. This is an important distinction. Public defenders are lawyers who work for the court and represent defendants for free. While this sounds good on paper, in practice it’s an entirely different ballgame. Public defenders typically handle dozens, or even hundreds, of cases at a time and carry a heavy workload. Even the best intentioned public defender struggles to understand the nuances of every case. They are under constant pressure to hurry through cases and settle as quickly as possible. This means a defendant will have very little time or opportunity to mount an adequate defense.

Texas courts are woefully underfunded and overworked. It’s one of the reasons Texas has the highest conviction rate in the US. It’s also why 95% of all cases are settled without every going to court.

Unfortunately, for most defendants, the odds are stacked against you in Texas. Relying on an overworked public defender is a dangerous gamble and can result in disaster.

Hiring your own DWI attorney can turn the tables in your favor. They will be working for you and dedicated to getting the best result possible. Unlike a public defender, they manage their own workload and can spend as much time as necessary on your case. No DWI lawyer can guarantee results, but it’s a safe bet that hiring your own DWI attorney will be a smarter choice than relying on a state employee for your defense.

Depending on your DWI case, there are many other good reasons to hire a DWI attorney to represent you. Read on for nine signs why hiring an attorney to represent you in your DWI case is a good idea.

1. BAC Higher Than .15

If your blood alcohol content is above .15% at the time of your arrest, you could be facing additional charges for aggravated DWI. The legal limit is .08, so if you have had enough alcohol to get your BAC to two or more times higher than the legal limit, hiring an attorney is vital. There is a good chance that the prosecutor will pursue additional penalties against you.

2. First Offense

If the arrest is your first offense, there are often pretrial diversion options that can help you lessen or even expunge the charge from your record. But there is no guarantee and it takes skill to navigate this DWI strategy with the court. Experienced DWI attorneys know exactly how to position your case to the court for the best chance at a reduced or dismissed charge, lowered fees, and avoiding jail time or probation.

3. Questionable Charges

DWI laws in Texas seem pretty straightforward on paper. However, experienced Texas DWI attorneys get charges dropped or thrown out of court everyday for a wide variety of issues. It takes expertise and skill to know where to look and what to look for. For example, if the breathalyzer test was administered improperly or if you weren’t given an appropriate amount of time to complete the field sobriety test, a Texas DWI attorney may be able to use that in court in your favor.

4. Questionable Arrest

A DWI arrest is another area where a DWI attorney can work their magic. There are specific procedures that must be followed when an officer makes a DWI arrest. An experienced Texas DWI attorney can carefully review the arrest and determine if there are any issues that could benefit your case. For instance, if you weren’t read your Miranda rights or if the BAC test was somehow tainted before being arrested for DWI, you should definitely hire a lawyer. Additionally, if you believe that you may have been mistreated during your apprehension (i.e., excessive force or discrimination), an experienced DWI lawyer can use this to your advantage.

5. Employment Implications

Beyond the expensive fines and potential jail time, a DWI conviction can devastate your work life. In Texas, a DWI can be cause for termination from employment. It’s now common for employers to run background checks on applicants and can deny a job opportunity if a DWI is on your record. In this competitive world, a DWI can ruin your career and future employment.

If your job requires you to have a valid driver’s license, you could be in a world of hurt if you get a DWI and don’t hire an attorney. Mandatory license suspension is common with many DWI charges in Texas and it’s likely to have your license suspended or revoked However, an experienced DWI attorney can argue for a “restricted” or “special” license to issued depending on the circumstances.

Hiring an experienced DWI lawyer could save your job and your career.

6. Injuries Resulting From a Crash

If there were any injuries related to an accident that you might have had while driving in an impaired state, victims will likely file lawsuits for damages and other costs. It’s not unusual for victims to pursue damages in the millions of dollars. Even if you have insurance, you could be on the hook for these damages.

Few people can afford to lose a multi-million dollar lawsuit without ruining their life. An experienced DWI attorney can make all the difference in these situations. They are equipped to handle the challenges of any potential lawsuit and protect your rights. Hiring a DWI attorney in this situation is a no-brainer.

7. Pursue Damages From a Hostile Party

When you’re involved in a DWI accident, it’s likely the owner or driver of the other vehicle involved will be upset and looking for someone to blame. Emotions can get out of hand and turn violent. It is important for everyone to remain calm and not to physically engage any such person.

Even if you’re at fault, you still have rights. If the other party threatened or became physically aggressive with you, a DWI attorney could use these facts in your case. Depending on the circumstances, your DWI attorney could pursue charges against the other party and potentially seek damages and more.

8. Pulled Over Under False Pretenses

An officer must have probable cause before they engage a driver in Texas. According to the law, drivers cannot be targeted by police for no reason. Unfortunately, police officers often violate this protection in Texas but most drivers are unaware how to bring this up in court.

A Texas DWI attorney can determine if you were unlawfully pulled over in the first place and build a case in your defense. A DWI lawyer may be able to argue, for example, that a police officer sits outside a bar and pulls over the first car that leaves the lot after 9 pm. In such a scenario, you may have an argument that you were targeted or pulled over under false pretenses.

A skilled Texas DWI attorney may be able to prove you were unlawfully targeted and thus greatly improve your chances in court.

9. Avoid Jail Time

Texas prisons are growing at the fastest rate in the US. Texas also has the highest incarceration rate in the western world. This is big business in Texas and more and more defendants are finding themselves behind bars.

Fighting DWI charges in tough Texas courts without hiring an experienced attorney could be a grave mistake. Depending on your location and the details behind your specific DWI case, you could be looking at some substantial time behind bars, even for a first offense.

While it seems incredibly unfair, it’s the reality of the court system in Texas. It’s designed to convict, not correct. An experienced DWI lawyer will insure your rights are protected and fight to keep you from becoming another statistic. They can review the options available to you, such as a plea deal and negotiations that allow you to do house arrest, counseling, or other group work as an alternative to spending time in jail.

Hire an Experienced Texas DWI Attorney To Represent You

We all make mistakes in life. It’s important to learn from them and hopefully avoid major consequences that impact our lives. A DWI in Texas can turn a life upside down. But, with the right DWI attorney, it doesn’t have to.

Hiring the right Texas DWI lawyer to represent you can make all the difference in your case and your future.

If you or a loved one are facing DWI charges, don’t assume the tough Texas courts will go easy on you. DWI attorney Andrea M. Kolski has successfully represented hundreds of clients the toughest Texas courts. Few Texas DWI attorneys have the experience and expertise to match attorney Andrea M. Kolski and her record of success. Contact DWI attorney Andrea M. Kolski today for a free case review.

Visit Us

By Appointment Only - Contact Us

The Woodlands Office
8505 Technology Forest Pl #104

The Woodlands, TX 77381

Phone: 832-381-3430

Get in Touch

Free Consultation 832-381-3430

What Our Customers Say

"Andrea is a fantastic attorney versed in many fields. I've retained her services for criminal defense, nondisclosure orders, and family law. She has always provided a...

Steven Street Texas

"Andrea and her staff are definitely one of the greatest of all time. Their professionalism and knowledge of the law and how the system works is unparalleled. I have her...

Dwight Osteen Texas

“Andrea is the most amazing attorney I have ever had in my corner.” — Vincent, client facing 2nd DWI charge, CASE DISMISSED