1. If a defendant pleads guilty or no contest to a DWI case - there will always be a conviction on a criminal record (no such thing as a deferred adjudication on DWI cases).



2. If there was an accident involved - there can be great financial differences between a no contest and a guilty plea or finding.



3. If a defendant does not request a hearing within 15 days from the date of either an alleged breath/blood test refusal or an alleged breath/blood test failure, ones driver's license is automatically suspended even if the case is not subsequently prosecuted (if proper notice of suspension was given to the defendant).



4. If your license is suspended, you still may be able to legally drive to and from work, for the essential needs of your employment and for the essential needs of your household activities up to 12 hours per day.



5. Judges and magistrates may require an ignition interlock as part of a condition of bond (even prior to a conviction or before a defendant is formally charged).



6. A second DWI conviction can result in a driver's license suspension for up to 730 days.



7. A DWI (FIRST OFFENSE) CARRIES A MINIMUM PUNISHMENT OF 72 HOURS IN JAIL (IF THERE IS A CONVICTION) - The maximum punishment for a first offense is up to 180 days in the county jail and/or a fine of up to $2000.00



8. Field sobriety tests (if conducted properly) are usually only approximately 77% - 86 % accurate.



9. The Intoxilyzer 5000 machine (the breath test machine used in Texas) result is not always admissible in Court. If you took a test and allegedly failed , can the State "prove-up" your breath test ??

Tim Powers was the Chief prosecutor in the Denton County Criminal Court that was designated as the "DWI Court" by the Administrative Judge. He has been involved in hundreds of DWI jury trials and cases since 1996.

The above information is not intended to disseminate legal advice or include all situations or facts specific to your case. Certain factors (including, but not limited to aggravating circumstances or prior criminal record used for enhancement) may alter the punishment range for the crime for which the defendant is actually charged. For further information which applies your facts to the law contact our office for a FREE CONSULTATION at 940.483.8000 or metro 972.724.4820.