Driving While Intoxicated
DWI
Driving Under the Influence
DUI
If you've been charged with a DWI or DUI you need representation from a lawyer ranked TOP 10 in the State of Texas by the American Institute of Criminal Law Attorneys.
The best defense is a good offense - don't settle for anything less.
If you need help fighting a DWI or DUI, contact us for a consultation.
About DWI's / DUI's
What is a "DWI" / "DUI"?
In the State of Texas, it is a crime to operate a motor vehicle in a public place with a blood alcohol content (BAC) greater than or equal to 0.08 and / or under the influence of drugs.
Early Termination of Probation
For some Felonies and Misdemeanor offenses, it is possible to apply to terminate your probation early so long as you have completed your courses, paid your fines and costs and your probation officer is on board to make the recommendation to the Judge and the State.
Jail Time vs. Probation
If time is of the essence and you want to be put on a fast-track to dismissal quickly without having to come to court time and time again - then a plea bargain may be the best option for you. We can investigate your case to find out if the State is willing to offer Probation which will almost certainly include counselling, informational classes, Community Service hours and a Fine in exchange for a dismissal once you have completed the terms of your Probation.
For a Misdemeanor, an offer for Probation may be anywhere from
one (1) day to
two (2) years and for Felonies other than State Jail Felonies, an offer for Probation may range from two (2) years to ten (10) years of Probation. If Probation is not for you, then your options are open and we can discuss those with you confidentially. Some Felonies may be knocked down to misdemeanors as part of a plea negotiation with the State.
What is the best strategy for me?
There are three broad approaches that we will offer you depending on the charge, your appetite for court appearances and your budget.
-
takes longer (approximately 6-12months), -
no probation, -
likely more court appearances (and trial preparation) -
more expensive -
have to wait one (1) year before you can expunge the dismissed case.
-
can be requested at your first appearance, -
probation (usually with early termination), -
potentially less court appearances, -
less expensive. -
expunction can be applied for immediately upon dismissal.
-
can be requested at your first appearance, -
probation (usually with early termination), -
potentially less court appearances, -
less expensive. -
case is dismissed upon successful completion of the terms of your probation. Terms may include: paying a fine, paying court costs, community service hours, counselling, restitution or other classes. -
have to wait one (1) year before you can expunge the dismissed case.
Motion to Revoke (MTR)
An MTR is a motion filed by the State when they believe you have violated the terms or conditions of your probation. The State may ask the Judge to revoke the probation offer and ask that you be sentenced to the entire underlying jail sentence.
Expunctions v. Non-disclosures
Some cases, once dismissed, are eligible to for 'expunction' or 'non-disclosure'.



Lauren Carrington Smyth
Managing Partner