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DWI General Information

An arrest for a DWI imposes a strict timeline, therefore we encourage you to call us as soon as possible if you have been charged with a DWI.

When you are arrested for a DWI, YOU HAVE 15 DAYS TO REQUEST A HEARING TO PREVENT YOUR DRIVERS LICENSE FROM BEING BEING SUSPENDED. License suspensions can range from 90 days to 1 year depending on the facts of your case and prior criminal history.

If you hire the attorneys at Wolfe Miglio within 15 days of your arrest, we will request and conduct this hearing, you don't even have to show up to court.

The state will fight us to suspend your license, but we know how to fight back. Our knowledgeable and dedicated attorneys will do everything they can to deliver the best outcome for you on your case. At Wolfe Miglio, we don't back down from a fight, and we aren't afraid to go to trial to defend your rights.

What to Look For in an Attorney

If you are charged with an alcohol related offense, hiring a highly skilled attorney that has ample time to dedicate specifically to your case is more important than any other factor. At Wolfe Miglio, when we take on a case, we make sure that it is our top priority.

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PENALTIES CAN INCLUDE

First-time DWI Offense

•Class B Misdemeanor
•Maximum fine of $2,000
•Maximum 180 days jail sentence
•Suspension of Driver’s License of 90 – 365 days

Second DWI Offense

•Class A Misdemeanor
•Maximum fine of $4,000
•Up to 1 year jail sentence.
•Suspension of Driver’s License of 180 days – 2 years

Third DWI Offense

•3rd Degree      Felony
•Maximum fine of $10,000
•Up to 10 years jail sentence
•Suspension of Drivers License of up to 2 years

Intoxication Assault

•3rd Degree        Felony
•Maximum fine of $10,000
•2-10 year jail sentence.
•Suspension of Drivers License of up to 2 years

All of the methods that police use to show that a person was intoxicated have flaws!

Breath Test

This method of screening is scientifically unsound, and can produce results which are incorrect. Furthermore, if the breath test was conducted improperly or outside of accepted guidelines, evidence of a breath test can potentially be taken out of the records and not be used against you.

Field Sobriety Tests

Law Enforcement sobriety tests are malicious in that they are designed to make the person fail–many sobriety tests are very difficult to complete regardless of intoxication; and it happens all the time that a sobriety test is conducted improperly by the police officer. In the event that your sobriety test can’t be removed from the evidence, a common sense explanation to the jury will often times show the jury the truth that most sobriety tests are exceedingly difficult and produce misleading results.

Blood Test

If a blood test was done, your rights may have been jeopardized. For the court to be able to use your blood work, your blood must have been taken under specific conditions according to the law, and strict guidelines for the procedure must have been carefully followed.  In the real world, these conditions and guidelines are often not met, and the results of the blood test can be dismissed from evidence.

Observations by an Officer

Sometimes an officer will use a persons physical demeanor (bloodshot eyes, clumsiness, unusual speech, etc) to try to prove that a person is intoxicated. Chances are that the officer has never seen the suspect before and has no way to determine what that person looks like normally, and people are often falsely suspected of being intoxicated because they speak differently or are nervous around police officers.

 

Hiring an attorney that knows how to  properly raise these arguments can result in decreased charges, a dismissal of your case, or a not-guilty verdict.
We will evaluate all of the facts and evidence pertaining to your situation to locate any potential flaws that may help your case.

In 2013 NEARLY

900,000 DWI arrests were made in the USA.

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90,066

Of those arrests were made in Texas.

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