How Can I Defend Myself in a DWI Case in Texas?

Have you recently been arrested and charged with DWI in Texas? If this is your first brush with the law, the process may seem confusing and overwhelming. Your instinct after your arrest may be to simply try and get on with your life. But the consequences for a Texas DWI can be steep, and time is of the essence. You need to get to work on defending yourself immediately. But what are your options?

Texas law may allow you to defend yourself in court, but you won't find a legal professional anywhere who believes that's a good idea. It is highly recommended that you hire an experienced Texas DWI defense attorney as soon as possible. If you are facing charges in the Houston area, the Murphy & McKinney Law Firm, P.C. has been defending the rights of the accused for years.

Your Defense Options in Your Texas DWI Case

Defending yourself might be tempting. If you are an independent person used to relying on yourself, it may be difficult to hand over your freedom to a stranger. You might also be concerned with the potential costs of a DWI case. But can you put a price on your freedom?

Acting as Your Own Attorney

Texas courts will allow you to act as your own attorney in your DWI trial. While that may be your right, it isn't recommended. In fact, the judge in your case may even urge you to find legal counsel. The reality is, defending a DWI case requires experience and knowledge of the law, including a certain degree of technical and scientific knowledge. Would you play poker and wager your hard-earned money without knowing the rules of the game? Why would you wager your freedom by representing yourself on a criminal DWI case without knowing the law and science it takes to beat a DWI?

If you defend yourself, you will be facing a courtroom-tested prosecutor who won't go easy on you. If you miss an objection or make a mistake, it could cost you. Representing yourself as your own attorney does not afford you special protections; the court will treat you like any other attorney and expect you to know how the trial process works. If the cost of hiring an attorney is what concerns you, consider that an experienced defense attorney may be able to negotiate a plea for lower fines or even win an acquittal. It is entirely possible your defense attorney will effectively pay for himself.

Acting as your own attorney is a risky proposition. You don't perform surgery on yourself when your life is at risk. Defending yourself in court when your freedom is at risk doesn't make much sense either.

Hiring an Experienced Texas DWI Defense Attorney

It can be difficult to hire the right DWI attorney. There are so many options to choose from, and many of them sound the same. The important thing is to look past the promises these attorneys make and consider a few criteria:

• Is the attorney Board Certified in DWI defense?
• Is the attorney Board Certified in criminal defense?
• Does the attorney regularly try cases in front of a jury?
• Do other legal professionals turn to the attorney for training or guidance?

In Texas, attorneys must pass a rigorous battery of examinations to be officially certified in an area of the law. It is uncommon for an attorney to have one certification, and extremely rare to be certified in both DWI defense and criminal defense law. In fact, only two attorneys in the State of Texas have both certifications. One of those attorneys is Doug Murphy. Doug Murphy is a skilled, experienced DWI defense attorney with a long track record of trial victories. You can trust that the Murphy & McKinney Law Firm, P.C. will carefully review your case to build the strongest defense possible.

Doug Murphy isn't just an attorney, he is a leader in the law. Doug has made many speaking engagements, teaching other attorneys how to defend DWI cases in Texas and throughout the United States. Other attorneys put their trust in Doug Murphy. To learn more, contact the Murphy & McKinney Law Firm, P.C. to set up a free consultation.

Fighting a DWI—Pros and Cons

Even if you hire an experienced DWI defense attorney, the decision to fight the case or negotiate a plea is ultimately up to you. There are pros and cons to be considered, although many legal professionals will counsel that trial is often your best chance for a positive outcome.

The Pros of Fighting Your DWI Case

Ultimately, your best chance for an acquittal or dismissal is through taking your case to trial. Winning at trial is often your only avenue to avoiding a criminal record. For many, having a criminal record is a worst-case scenario. Your best chance at a positive result is by hiring an experienced DWI defense attorney. It's possible that, even if convicted at trial, your case will be strong enough that your punishment could be lighter than the plea deal you were offered. This is why both education and experience matter when hiring your attorney.

The Cons of Fighting your DWI Case

Just because fighting your DWI is recommended by most legal professionals does not mean there aren't downsides. Fighting a DWI can be costly and time-consuming. What's worse, it is possible that after expending all of that effort, you won't receive an outcome any more favorable than the plea bargain you were offered at the start of the case. There is no guarantee what a jury of your peers may decide, but having a DWI defense attorney who understands how juries think is critical. With years of trying cases in front of Houston juries, Doug Murphy has incredible insight into what persuades them.

Winning your DWI Case

It may be stressful to move forward with fighting your DWI case, but it is possible to win your Houston DWI case. After your DWI defense attorney reviews the facts of your case, it may come to light that you have a valid defense against the charge. Your attorney could discover that the traffic stop was illegal or that the lab tech that tested your blood was unlicensed. If your attorney is able to have some of the prosecution's evidence against you thrown out, your attorney may be able to have your case dismissed entirely. In the end, there are only three ways your DWI case may be resolved:

1. Dismissal

A dismissal is without question the best-case scenario if you have been charged with DWI. Dismissals don't just happen because of the sheer force of will of your attorney, though. There must be factors present that make prosecuting you futile. Just as important is having an experienced DWI defense attorney who leaves no stone unturned when reviewing your case for strengths and weaknesses.

2. Plea Bargain

In some cases, you may agree upon the advice of your attorney to enter into a plea bargain with the prosecutor. In fact, most DWI cases end in a plea bargain. Courts heavily weigh testimony regarding elevated blood alcohol levels, and many attorneys tell their clients they don't have a shot at trial. These attorneys are simply looking for the quick buck that comes with a plea. Doug Murphy is not one of those attorneys. If you are ready for an attorney who fights for you as if his own freedom depended on it, contact the Murphy & McKinney Law Firm, P.C. today.

3. Trial

If a case is not disposed of with a plea bargain or a dismissal, it will go to trial. These trials can be held in front of a judge or a jury of your peers. In Doug Murphy's experience, taking a DWI to trial is frequently the best course of action. It is at trial that an experienced defense attorney can truly use their knowledge and training to sway a jury. Doug Murphy understands that his role as a DWI defense attorney is to hold the State of Texas to its burden of proof. If the prosecutor in your case comes up short in proving beyond a reasonable doubt that you were driving while intoxicated, it is his job to expose that failure to the jury. Anything short of proving your guilt beyond a reasonable doubt is a win for you.

Contact Our Harris County DWI Defense Lawyer

Have you been charged with a DWI in the Houston area? Don't attempt to act as your own attorney or leave your freedom and reputation in the hands of an inexperienced lawyer. You can discuss your case directly with Houston's premier DWI defense attorney, Doug Murphy.

Doug Murphy's Board Certification in both DWI defense law and criminal law will serve you well. He has the experience to spot weaknesses in the state's case. If the prosecutors won't agree to dismiss the charges against you, the Murphy & McKinney Law Firm, P.C. is ready to stand up for you in the courtroom. Doug Murphy knows what's at stake: your reputation, your livelihood, and even your freedom. He is a fierce advocate for all of his clients, and he will give you the best chance you have for a favorable outcome.

If you would like to discuss the merits of your case with a Board Certified DWI and criminal law attorney, contact the Murphy & McKinney Law Firm, P.C. today at 713-229-8333.