Felony DWI Damage Control

Mimi Coffey, premier DWI lawyer

Felony DWIs are serious business that often require some DWI damage control. A Felony DWI in Texas is either a third or more DWI arrest or an arrest for DWI with a child passenger. Keep in mind that a DWI with child passenger is a State Jail Felony *even if it is a first time DWI*. Judges only see a name on a docket sheet and treat Felony DWIs harshly simply because they are felonies (even if you’ve never been in trouble before!). The Tarrant County DWI Lawyers at The Coffey Firm dedicate themselves on humanizing clients so that courts and DAs see beyond just a case number.

DWI Damage Control: “90 in 90”

One form of DWI damage control that The Coffey Firm recommends to all Felony DWI clients is called “90 in 90”. What this means is for the client to do 90 AA meeting in 90 days. This may sound daunting at first, but it is likely the easiest and least restrictive damage control as AA meetings are generally free and offered around the clock to fit your schedule. The reason The Coffey Firm recommends 90 in 90 is because Felony DWI judges tend to look upon it favorably.

The Tarrant County DWI Lawyers at The Coffey Firm can give you an attendance log to take with you to the 90 AA meetings so that you can verify attendance as well as keep track of meeting topics. However, The Coffey Firm usually also recommends keeping a journal (usually a video journal saved in Google Drive) of your meetings as well. This way you keep a record of what the group discussed at a particular meeting. By doing this DWI Damage Control, The Coffey Firm can show this video journal to the State while working on a Successful DWI Outcome.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Will I Go To Jail On A First Time DWI?

A question we hear often is whether jail time on a first DWI is mandatory. The short answer is ‘not really’. The longer answer, though, is that any conviction is technically a jail sentence. The way DWI probation works is that the court sentences you to jail time, but probates that sentence and places you on DWI probation. However, for those wishing to avoid probation on a first time DWI conviction, the law requires a minimum of 3 days. Many courts require three full days (72 hours) and will not give 2-for-1 credit on these three days.

On occasion, the court will make jail time mandatory as a condition of probation. The good news is that for a first-time DWI, this rarely occurs. This mandatory jail time as a condition usually occurs on a second or third DWI. Even then, some courts allow alternatives for this jail time, such as DWI labor detail.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Deadly Weapon and Probation Eligibility

Did you know that a deadly weapon finding may have an impact on your eligibility for probation?

Texas law limits a judge or jury’s authority to order or grant probation on certain offenses. These are typically what DWI lawyers refer to as “3g” offenses. This list includes, but is not limited to: Murder, Sexual Assault, Injury to a Child, and Compelling Prostitution. More importantly, though, the law limits a Judge’s ability to grant probation when the offense involves a deadly weapon. If a deadly weapon was used or exhibited in the commission of a felony and the defendant is the one who used or exhibited the deadly weapon, the law says that a Judge may not grant straight probation.

A jury, however, has fewer limits. While a jury may not grant probation for offenses like Murder or certain Aggravated Kidnapping, they may also not grant probation if a person receives a sentence of imprisonment that exceeds 10 years. However, a jury has no deadly weapon limit. In other words, a judge may not grant straight probation for Aggravated Assault with a Deadly Weapon, but a jury can.

Oddly, there is an exception to the deadly weapon rule. A judge still has authority to grant deferred adjudication probation if an offense involves a deadly weapon. There are other restrictions to deferred, however, that may affect your case. Please contact our DWI Lawyers to discuss the specific facts of your case to determine if any of these exceptions apply to you.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

DWI and Global Entry

Did you know that a DWI might affect your eligibility to obtain Global Entry through Customs and Border Protection?

In general, all United States citizens and lawful permanent residents possess eligibility to apply for Global Entry. This is a program through Customs and Border Protection that allows for expedited clearance for pre-approved, low-risk travelers. That said, Customs my deny eligibility for a variety of reasons such as providing false information on the application and a finding of customs violation for *any* country (not just US Customs violations).

However, there are 3 important reasons related to criminal defense that everyone should know. First, Customs may deny eligibility if you have been denied for the purchase of a firearm. This restriction is important because firearm restrictions may, on occasion, be a condition of a criminal charge, even if the charge is dismissed. Further, a denial of a firearm purchase may show Customs that you are not a “low-risk” traveler based on the reason for denial.

Second, Customs may deny eligibility if you are the subject of an *ongoing investigation* by law enforcement. In other words, even if the State has not yet charged you with or convicted you of a crime, a pending investigation may result in denial of Global Entry. For example, if someone called the police but they made no arrest pending investigation, that would fall under this reason for denial of eligibility.

Finally, and most importantly, Customs may deny eligibility upon conviction, pending charges, or outstanding warrant for *any* criminal offense. This means a pending DWI or a DWI conviction could result in a denial of Global Entry. By extension, this language means that even a ticket might result in denial of eligibility. This may even include deferred adjudication probation where the court makes no actual finding of guilt.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

DWI Blood Test: Know the DA’s Strategy

Knowing the DA’s strategy makes winning a DWI Blood Test case much easier. The primary strategy for a Tarrant County DWI Lawyer to recognize is how the DA tries to portray the DWI Blood Test. Many times, the DA will try to claim that the lab that tested the blood is a ‘certified’ lab and therefore you should trust the DWI Blood Test. However, this is NOT the law. Put in other words, the DA tries to equate ‘certification’ with accuracy and reliability. Just because a lab has ‘certification’ does NOT mean that their results are inherently accurate or reliable. Mimi has practiced DWI Defense for 27 years and knows the tricks that the DA tries to play. The Coffey Firm knows that having an expert offer an opinion that the lab results are not accurate or reliable can win a DWI Blood Test case. There are certain standards that labs must follow for method validations to maintain accurate and reliable results. Simply having ‘certification’ does NOT mean that the labs have followed these standards properly. NEVER let the State try to convince you that all DWI Blood Tests are accurate and reliable.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

DWI Blood Test: Sanitary Place Requirement

Understanding statutes and case law is crucial to winning a DWI blood test case. One of the most important laws about DWI blood tests tends to go overlooked. That section says that a DWI blood test “must be taken in a sanitary place.” Though this statute is in the Transportation Code, neither it nor the Penal Code define sanitation. However, the Health and Safety Code defines ‘sanitary’ as “a condition of good order and cleanliness that precludes the possibility of disease transmission.” This may seem like common sense, but many prosecutors tend to overlook this requirement. Obvious violations include bugs or dirt in the blood test room, open trash containers and more. However, the statute does not limit the sanitary requirement to egregious violations such as those.

One of the main ways this sanitary place requirement arises is when the DWI blood test occurs in a jail. On top of general sanitation requirements per the Health and Safety Code, jails also have administrative requirements regarding sanitation through the Texas Commission on Jail Standards. For one, the Administrative Code requires that each jail “have and implement” a sanitation plan approved by the commission. This plan requires, among other things, a “regular daily schedule” of sanitation work and inspections. Further, upon “completion of a comprehensive inspection” the commission issues a certificate of compliance for jails meeting “minimum jail standards.” Documentation showing a jail has this certificate and sanitation plan is critical to winning DWI blood test cases.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

DWI Blood Test: You Have a Right to Re-Test

Gas Chromatograph- the type of machine used for DWI blood tests

Did you know that you have the right to re-test a DWI Blood Test?

Re-test of the Blood Taken By Officers

There are two primary ways to get a re-test. The first, and most common, is to ask the court to re-test one of the DWI Blood Test vials that officers obtained the night of arrest. When officers get a DWI Blood Test, they obtain two vials. The popular saying is “one for them, one for us”. The ‘them’ is the State, and the ‘us’ is the DWI Defense Lawyer. The initial DWI Blood Test tests the State’s vial. Our DWI Defense Lawyers, after reviewing other evidence, can ask the court to test ‘our’ vial.

Our DWI Defense Lawyers will typically recommend a re-test if your BAC is close to a specific margin (e.g., close to .08 or .15). There are still risks to this re-test though. While there are plenty of situations where the re-test will show a lower BAC level, there is the risk that the re-test may show a higher BAC. However, our DWI Defense Lawyers can still challenge a higher BAC based on typical DWI Blood Test issues (such as fermentation).

Requesting Your Own Blood Test

The other way to get a “re-test” is to request your own blood test at the time of arrest. This does not prevent officers from obtaining their two vials, as mentioned above, but it does allow for a person you trust to do a DWI Blood Test. Texas Transportation Code 724.019 allows a person “who submits to [a breath, blood or urine test] at the request or order of a peace officer” to have a qualified individual take an additional DWI Blood Test. This request must happen no later than 2 hours after arrest. Also, the law says police “shall” allow you a reasonable opportunity to contact that person. However, police are not required to transport you to your selected individual for testing, and the failure or inability to obtain the additional DWI Blood Test does not affect the admissibility of the breath or blood taken at the request of the officers.

The other issue is that, based on the language, this only applies if you “submit” to the breath or blood test. If police obtain a warrant based on a refusal, than this exceptions may not apply. Our DWI Defense Lawyers will always argue that you have the right to your own DWI Blood Test, but please be aware that the State may argue otherwise if you “refused” to give breath or blood.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Lesser Included Charges

What are Lesser Included Charges?

Lesser Included Charges are charges that are related to your current charge, but of a typically lower range of punishment. An example might be manslaughter as a lesser included offense of murder. Manslaughter has a different required mental state (reckless) than murder (intentional or knowing), but a same end result (death). Another example would be assault by contact as a lesser included of assault involving bodily injury. Both charges are ‘assault’ charges and both involve some form of contact. But, they have different ranges of punishment (Class C for ‘contact’ and class A for ‘injury’ (generally)) because of the different degree of contact involved.

This is not always true, though. For example, the typical lesser charge for a DWI is Obstruction of Highway/Passageway. Other than being ‘driving’ offenses, these two charges do not seem to be very similar. Common sense would say that the lesser included charge for a DWI would be a DUI or a Public Intoxication. However, the statute for both DUI (Texas Transp. Code 106.041(g)) and Public Intoxication (Texas Penal Code 49.02(d)) both explicitly state that those offenses are “not a lesser included offense” of DWI. This is despite each of these offenses having nearly identical elements with only slight differences (e.g., Public Intoxication doesn’t require driving or operation).

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She also involves herself in the Texas Tech School of Law foundation and enjoys using her skills to give back to the community.