Legal Guide

Handle Your DWI Right

A DWI, or Driving While Intoxicated, charge can have pretty serious consequences. if found guilty, you can end up paying stiff penalties, going to jail, losing your license, losing your job or all of the above. Georgetown DWI attorney Bob Phillips says, "That's why the best thing to do is hire a criminal defense attorney skilled in DWI cases. 

Benefits of Having a Lawyer

An attorney will use his knowledge of the law to execute the best possible defense on your behalf. He will work to protect and defend your rights. He will attack the case from every angle and expose any weaknesses in it. He'll be able to answer any questions you have and make sure you understand the evidence against you, the penalties you face and your chances of success. 

Case Investigation

Your lawyer will conduct a complete investigation of the facts and circumstances of your case. He will question the conduct of the police to determine whether there was probable cause to stop you in the first place. If the officer made an illegal stop, that may be cause for dismissal. An in-depth look at Drunk Driving Laws by States is provided by the Governors Highway Safety Association. 

Evidence Suppression

If the officer questioned you without reading your Miranda Rights, your lawyer can file a pretrial motion requestiong that any statements you made to the officer should be suppressed, meaning they will not be admissible as evidence in Court. If you asked for a lawyer but the offficer ignored your request and continued interrogating you, your lawyer can ask that any statements you made during the interrogations be excluded from evidence. 

If you were given a breathalyzer, your attorney can raise its accuracy by, for example, questioning whether it has been properly maintained and calibrated. If your blood was drawn, your attorney can attack the admissibility of your blood alcohol content, or BAC, into evidence if there was a break in the chain of custody from the time it was drawn to the time it was tested. Your blood must be properly logged and accounted for at each step of the way in order to prevent the possibility of tampering. 

Plea Agreement

If the evidence against you is overwhelming and your chances of success at trial are slim, your attorney can negotiate a plea agreement that will significantly reduce the penalties you would otherwise face at trial. Your attorney will have a lot of experience with cases similar to yours and be able to intelligently advise you whether striking a deal to avoid trial is in your best interest.

Trial Preparation

If your case goes to trial, the attorney will use every tool available to facilitate a successful outcome. He will subpoena records and witnesses, including toxicology experts where necessary. At trial, he will cross-examine prosecutor's witnesses and attempt to discredit them. He will question police procedures and attempt to invalidate evidence, the ultimate goal being dismissal of your case. 

Sentence Reduction

If you are found guilty, your lawyer will introduce mitigating factors to argue for reduced penalties. He will use your personal circumstances to get the Judge to sympathize with you and see you in the most favorable light possible. If you're a respected member of the community, have no prior record and have family depending on you, the lawyer will fight for a restricted license so you can still drive to work. 

While there's never a guarantee that hiring an attorney will lead to dismissal or a lenient sentence, it's the best chance you have for a favorable result. 

Bob Phillips is a criminal defense attorney in Central Texas. If you or someone you care about is charged with DWI, contact Robert M. Phillips & Associates and get started on your case today. 


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