Do not wait until your case gets filed with the District Attorney's Office to contact Clayton Smith.
There are many ways to fight a DWI. From ALR hearings, to a motion to suppress the stop, a motion to suppress the breath or blood tests, to examining trial if a felony, to a trial before the court, and finally, to a jury trial.
ALR Hearing is the first step to defending a DWI (Driving While Intoxicated). You only have 15 days from the date you were arrested to request this hearing to prevent a license suspension.
Almost every type of case in the State of Texas a person can get deferred adjudication probation, meaning you will not get the conviction unless you mess up your probation. NOT DWI. The only probation is straight probation. Meaning a person is convicted up front, then has probation afterwards.
Knowledge of the System
Clayton was a prosecutor in the misdemeanor section of the Dallas County District Attorney’s office for nearly two years, and was Chief in several Dallas County misdemeanor “DWI courts”. He was also a prosecutor in Hunt County, handling mostly misdemeanors.
Through his years of experience as a prosecutor, Clayton was the lead attorney in many DWI trials. He picked many DWI juries, and completely understands how a prosecutor will build a DWI case. Clayton knows if the State has strong evidence, and how to properly defend your DWI case.
Hire someone with the knowledge and experience of DWI cases, that can only be gained in the courtroom. Call Clayton Smith at 214-908-8745.
DWI Penalties
DWI 1st – Class B Misdemeanor – up to 180 days in the county jail and up to a $2000 fine. New law makes DWI a Class A Misdemeanor if there is a blood or breath test over a .15.
DWI 2nd– Class A Misdemeanor – up to 1 year in the county jail and up to a $4000 fine.
DWI 3rd– Third Degree Felony – 2 to 10 years in the Texas Department of Corrections and up to a $10,000 fine.
DWI with Child Passenger under 15 years old – State Jail Felony – 180 days to 2 years in the State Jail and up to a $10,000 fine.
Minor DUI (person under 21 years old) – Class C Misdemeanor- can get arrested at time of offense but punishment is typically fines. With any detectable amount of alcohol, police can still file an adult DWI depending on the circumstances. Deferred Adjudication probation is an option in only Minor DUIs, not DWIs.
Intoxication Assault – When you hit someone with your car under the influence – Third Degree Felony – 2 to 10 years, fines up to $10,000.
Occupational Driver’s Licenses After a DWI
In the aftermath of a DWI conviction, losing your driver’s license can pose significant challenges, especially if you rely on driving for employment, education, or essential errands. Fortunately, Texas offers an occupational driver’s license (ODL) as a temporary solution for individuals facing driver’s license suspension or revocation due to a DWI. However, the process of obtaining an ODL can be complex and daunting. This is where a skilled DWI defense attorney can prove invaluable.
To qualify for an ODL in Texas, you must meet specific criteria, including:
- Your driver’s license must be suspended or revoked due to a DWI conviction, excluding medical or physical incapacity reasons.
- You must not hold another driver’s license from any other state.
- You must provide proof of financial responsibility, such as an SR-22 insurance certificate.
- You must demonstrate a legitimate need for driving, such as employment, education, or essential medical care.
The process of obtaining an ODL involves several steps:
- Filing a Petition: You must file a petition with the court that ordered your driver’s license suspension or revocation. The petition should clearly state your need for an ODL and provide supporting documentation.
- Attending a Hearing: A court hearing will be scheduled to review your petition. Your DWI defense attorney will represent you at the hearing, presenting evidence and arguing for the issuance of an ODL.
- Obtaining a Court Order: If the court grants your petition, you will receive a court order authorizing the issuance of an ODL.
- Submitting the Court Order and Additional Documentation to the Texas Department of Public Safety (DPS): You must provide the court order and additional documentation, such as proof of insurance and payment of applicable fees, to the DPS to receive your ODL.
Controlled Substance DWIs or Drug DWIs
Drug DWIs encompass a broad range of offenses involving driving while impaired by any controlled substance, including prescription drugs, narcotics, and illicit drugs. The legal definition of impairment in Texas is “not having the normal use of mental or physical faculties by reason of the introduction of any substance into the body.” This means that even if you are not intoxicated to the point of being unable to drive, you can still be arrested for a drug DWI if your driving is impaired by any substance.
The penalties for a drug DWI in Dallas are similar to those for an alcohol-related DWI. A first-offense drug DWI is a Class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $2,000, and a driver’s license suspension of up to one year. Subsequent offenses carry harsher penalties, including longer jail sentences and higher fines.
An experienced DWI defense attorney can play a critical role in protecting your rights and interests if you face drug DWI charges. Your attorney will thoroughly investigate the circumstances of your arrest, challenge the validity of field sobriety tests and blood or breath tests, and explore potential defenses such as lack of probable cause or prescription medication use.
Field Sobriety Tests
Field sobriety tests (FSTs) are often administered by law enforcement officers to assess a driver’s level of intoxication. These tests, while seemingly straightforward, can be highly subjective and prone to error. If you have been arrested for a DWI in Texas and subjected to FSTs, it is crucial to understand the potential issues with these tests and how a DWI defense attorney can challenge their results.
Law enforcement officers in Texas typically administer three standardized FSTs:
Horizontal Gaze Nystagmus (HGN) Test: This test involves tracking a pen or object with your eyes. Officers look for involuntary jerking of the eyes, known as nystagmus, which can be a sign of alcohol intoxication.
Walk-and-Turn Test: In this test, you are asked to walk nine steps heel-to-toe, turn around, and return to the starting position. Officers observe your balance, coordination, and ability to follow instructions.
One-Leg Stand Test: You are instructed to stand with one leg raised six inches off the ground and count “one-thousand-one-one, one-thousand-two-two” for 30 seconds. Officers assess your ability to maintain balance and avoid swaying.
A skilled DWI defense lawyer can effectively challenge the validity of FST results by:
- Investigating the Officer’s Training and Administration: Examining the officer’s training records and assessing their methodology in administering FSTs can reveal potential errors or biases.
- Reviewing Medical Records: Gathering medical records documenting any physical conditions that could affect FST performance can provide a basis for challenging the results.
- Obtaining Video Footage: If available, reviewing video footage of the FSTs can provide valuable evidence of any issues with the administration or the driver’s performance.
- Challenging the Officer’s Testimony: Cross-examining the arresting officer can expose inconsistencies or inaccuracies in their assessment of the FST results.
Choose Clayton Smith to Defend Your Freedom
If you have been arrested for a DWI, call Clayton Smith today. With 8+ years of experience as a DWI defense lawyer, Clayton knows how to handle these cases inside and out.
As a former prosecutor, Clayton knows how evidence will be collected in your case, and how it will be presented at trial. Through his years of experience, Clayton has negotiated many plea bargains that have saved his clients thousand in fines, and decades in prison.
If you are looking for an aggressive advocate to protect your freedom, call Clayton Smith now.
Frequently Asked Questions
You should reach out to a DWI Lawyer as soon as possible. Contacting a lawyer immediately can help to ensure you do not fall for traps set by the prosecution, which are irreversible if you fall for them.
Clayton’s experience, compassion, and dedication to his clients separates him from other DWI defense lawyers.
Clayton’s years of experience as a prosecutor help him to see through the prosecution’s attacks, and provide a better defense for his clients.
Throughout your entire case, Clayton will keep you up-to-date and educated about what is going on in your case.
First offense DWI:
- Driver’s license suspension of 90 days to one year
Second offense DWI:
- Driver’s license suspension of 180 days to two years
Third offense DWI:
- Driver’s license suspension of two years to life
DWI with a child passenger:
- Driver’s license suspension of up to 180 days
In addition to the suspension or revocation of your driver’s license, you may also be required to install an ignition interlock device (IID) on your vehicle. An IID prevents your car from starting if your blood alcohol content (BAC) is above a certain level.
The process for getting a DWI expunged from your record in Texas is complex and requires careful attention to detail. Here’s a general overview of the steps involved:
Eligibility:
- Timeframe: You must wait a specific period before you can file for expunction. For a first DWI conviction, you must wait two years from the date of your conviction. For subsequent DWI convictions, the waiting period increases.
- Conviction Type: Expunction is only possible for certain types of DWI convictions. You cannot expunge a DWI conviction that resulted in a jail sentence of more than one year or a felony conviction.
Petition Preparation:
- Gather Documents: Collect all relevant documents related to your DWI case, including court records, arrest reports, and proof of completion of any required DWI education or treatment programs.
- Draft Petition: Prepare a detailed petition outlining the specific reasons why your DWI conviction should be expunged. This petition should include a statement of remorse, a description of your efforts to rehabilitate yourself, and any other relevant information.
Court Filing and Proceedings:
- File Petition: Submit your completed petition and supporting documents to the court where your DWI conviction occurred. Pay the applicable filing fees.
- Notification of District Attorney: Notify the district attorney’s office of your petition and provide them with a copy. The district attorney may object to your petition, and you may be required to attend a hearing to address their objections.
- Court Hearing: If the district attorney objects, a court hearing will be scheduled to review your petition and determine whether expunction is warranted. You may be required to testify at the hearing.
Case Results
Case Reduced to DWI, Continue on Probation
Client on Felony Probation, got New Intoxication Manslaughter Charge, Client Faced 10 Years in Prison
- After extensive case investigation and reading of autopsy report, Attorney Clayton Smith convinced prosecutors to file new intoxication manslaughter case as a misdemeanor DWI.
- Grand Prairie Police pushed hard for intoxication manslaughter, was very hostile towards Attorney Smith.
- Had open revocation hearing, asked Judge to send Defendant to rehabilitation, not prison.
- Defendant went to Wilmer rehabilitation, not 10 years of prison. No intoxication manslaughter conviction, just misdemeanor DWI conviction.
