DWI
Let a board certified attorney and former prosecutor defend your rights. Mr. Shaeffer is an experienced San Antonio DWI attorney. Having an experienced lawyer protect your rights is more important than ever now. Driving while intoxicated is a very serious offense that can greatly affect your life and your livelihood. Due to tragic alcohol-related accidents and fatalities, the DWI laws continue to get tougher and tougher every year. The stigma of having such an offense on your record can follow you throughout your life. If you are charged with a DWI, you will need an experienced and dedicated attorney at your side.
First, a conviction for DWI is a final conviction. This is true whether it is your first offense or your third offense. The conviction will always be on your record. You cannot erase or expunge it from your record once you are found guilty. Second, beyond paying a fine and most likely serving time on probation, you will face mandatory classes and victim rights panels, community service and, in some cases, possible jail time as a condition of your probation. Third, Texas law now allows DPS to place a surcharge starting at a $1000 a year for three years on your driver’s license. And fourth, a DWI conviction can cause job lose in some cases. Each case is different and each case requires careful attention to the client’s needs and rights. You are urged to take great care in choosing an attorney who understands all of these things.
Most people with a first DWI offense will not serve any jail time. However, a second offense carries jail time as a condition of any probation. Moreover, a third or subsequent DWI offense is a felony offense with a range of punishment between 2 to 10 years in the state penitentiary. Finally, if someone is seriously injured as a result of a DWI, the range of punishment is to 2 to 10 years in prison. If someone dies, the range of punishment increases to 2 to 20 years. This is true even if either of these last two cases is your first offense.
You have important rights—Use them!
· You have a right to remain silent. Remember that everything that you say will be used against—even if you are trying to help yourself! Most police officers making a DWI stop have cameras in their cars. They will use them. Your invocation of your right to remain silent may not be used against you in a trial. Under the rules of evidence, your Fifth Amendment right to remain silent may not be presented to the jury, even if it is no the video.
· You may refuse to perform any field sobriety tests. No matter what the police officer explains to you, you do not have to perform the tests the officer wishes you to take. If the officer is asking you to do them, he most likely has already decided to arrest you no matter how well you perform the tests! You will not lose your license or be charged simply because you refused these tests.
· You may refuse to give a breath or blood sample. At this point, the officer is going to arrest you whether you give a sample or refuse to do so. The penalty for this refusal is a suspension of your license starting 40 days after your refusal.
· You may fight the suspension for refusing the breath test or for failing it. HOWEVER, YOU HAVE ONLY 15 DAYS FROM THE DATE OF YOUR ARREST WHEN THE OFFICER GIVES YOU NOTICE OF THE SUSPENSION TO FIGHT THE SUSPENSION. Failure to inform the Department of Public Safety in Austin (“DPS”) of your desire to contest this suspension will automatically lead to the suspension of your license on the 41st day after your arrest. Contesting this suspension at a hearing before a DPS administrative judge also serves a very valuable purpose: it allows your attorney the chance to cross-examine the police officers under oath and obtain a written transcript of their testimony before any hearing or trial in the criminal court. Material variances and inconsistent testimony can lead to gaining an acquittal before a jury on your DWI criminal trial.
Hire an experienced attorney to protect your rights.
Every case is different and every client has different needs. Nevertheless, considering how serious a DWI case is, you should take care in choosing your attorney, and you should hire someone with experience. Do not take a chance on an attorney who lacks the experience or determination to protect and defend your rights. Mr. Shaeffer is an experienced DWI lawyer who has tried many cases, both as a prosecutor and as a defense attorney. Choose a San Antonio DWI attorney who knows what he is doing to defend you.
An experienced attorney can find the problems that exist in your case. He can effectively advise you on the best decisions to make on your case. He can also explore all possible solutions to your problem. If you don’t defend yourself, you will never know if you could have obtained a favorable result on your case. Despite what others may say, DWI cases are dismissed for a variety of reasons. These reasons include situations where an effective and determined defense attorney has been able to identify evidentiary problems or other short-comings of the case.
DUI
“DUI” is a crime involving individuals under the age of 21 who are driving a motor vehicle with some detectable amount of alcohol in their bodies. You can be charged with a DUI even if you pass the breath test—meaning that you blew less than a .080 on the machine. As long as some alcohol is shown to be present, and you are under the legal drinking age of 21, you can be charged with DUI. Also, it is not necessary that an underage driver provide a sample of his or her breath for an officer to make an arrest. The officer may rely solely on his or her experience in deciding whether someone has some alcohol in his or her body. This offense is a Class C Misdemeanor, which is punishable by a fine of up to $500.00. Although no jail time may be assessed for such a case, the court will order you to attend an alcohol-awareness class and may make you perform community service. Finally, the Texas Department of Public Safety will move to suspend your driver’s license in most cases.
Hire an experienced and board certified San Antonio DWI lawyer for represent you.
