Access to Your DWI Defense Lawyer

Rules to keep in mind for access to your DWI Defense Lawyer:

The Coffey Firm’s office hours are 8:30 to 5:30 Monday through Friday (except for most major holidays). Further, because court hold docket in the mornings, the best time to reach the DWI Defense Attorneys will be in the afternoons. Luckily, our office staff are fully integrated into the DWI Defense Lawyer team and are ready to answer any questions you may have about your case or will leave a message for the DWI Defense Lawyers to call you back as soon as they return from court.

Emails are always welcome, but please be aware that emails are not checked 24/7 so if there is an emergency please call the office. Text messages are much the same and you should hold off on texting outside of emergencies. The DWI Defense Lawyers are always willing to talk during office hours, but for major matters (such as a case evaluation or consultation on a new case) we prefer that you schedule an appointment so that you receive the dedicated attention the matter requires.

After-hours calls will be answered by a live answering service who will take a message for the DWI Defense Lawyers, but will attempt to connect to the DWI Defense Lawyer in event of an emergency.

Access to your DWI Defense Lawyer in case of an emergency

After hours calls or texts to the DWI Defense Lawyers’ personal contact information are reserved for EMERGENCIES ONLY. Emergencies may include, but are not limited to:

• Police are arresting you or have pulled you over;
• You experience a sudden medical emergency such as a heart attack or stoke (*PLEASE CALL 911 FIRST AND ONLY CALL US ONCE YOUR ARE SAFE*);
• A family member is experiencing serious illness, has passed away, or is hospitalized;
• A family member or close friend was arrested;
• You are experiencing suicidal thoughts. *WE UNDERSTAND THE STRESS YOU ARE UNDER. DO NOT LET THE STRESS CONSUME YOU. LET US HELP YOU THROUGH THIS.*

We will prioritize other urgent (non-emergency) matters. The office will notify the DWI Defense Lawyers of these matters as soon as possible so they may address them. An urgent matter may include:

• Running late for court date;
• Non-major accident (i.e., only vehicle damage);
• Needing to reschedule a meeting or evaluation;
• Loss of employment;
• Financial difficulties.

The Coffey Firm understands the stress a DWI arrest causes. Please understand that many of our clients also experience this stress, so feel free to contact the DWI Defense Lawyers if you feel you have not heard from us recently or if you have any questions.

Benefits of Deferred Probation in a DWI case

Deferred probation is a disposition in which a Defendant is placed on probation, and upon successful completion, the case will not result in a final conviction. A prosecutor may offer deferred probation on a DWI if certain statutory requirements are met (i.e. no prior DWI’s and a BAC level under .15). Certain aggravating factors such as an accident may weigh against the prosecutor making such an offer. In some cases, an attorney may be able to negotiate deferred probation even if the statutory requirements are not initially met.

There are several benefits of deferred probation. First, the case does not result in a final conviction. Therefore, no final conviction is posted on your permanent record or driving record. This avoids any insurance implications, there is no drivers license suspension, and there is no
imposition of the DPS “super fine” which can range up to $6,000. Also, upon successful completion of deferred probation, a Defendant may be eligible to have the DWI arrest non-disclosed if certain statutory requirements are met. A non-disclosure will bar public viewership of the DWI arrest.

There are some disadvantages of deferred probation. First, in almost all cases, the Defendant will be required to have a Deep Lung Device (DLD) installed in his or her vehicle. Secondly, if a Defendant gets arrested for a second DWI, the first DWI (even if deferred probation is successfully completed) can still be used to enhance the second offense to a DWI 2nd , a Class A misdemeanor. Always inquire with your attorney as to the possibility of obtaining deferred probation on your DWI case.

No Contact Means NO CONTACT

For bond conditions and protective orders, a “no contact” conditions means absolutely no contact. Fortunately, some courts are re-wording such conditions to only cover “harmful or injurious” contact instead of all contact. But, when your bond conditions cover all contact, this includes electronic contact. In other words, no texting, phone calls, emails or direct messages (DMs) on social media. Unfortunately, some courts even include “tagging” a person in a photo or post. This is because a no contact condition is an objective, rather than subjective, conditions. This means that even if you do not intend for the “tagging” to convey information or contact the other party, it may still violate your conditions or protective order.

A violation of a bond or protective order means serious business. Not only would you face the consequence of the violation itself, multiple violations in a short period of time could mean a new charge! This new charge typically would be a Class A misdemeanor, but can be as high as a third degree felony. Multiple violations within a 12 month period would automatically be a third degree felony. Keep in mind, if charged as a felony, it would also be subject to felony enhancements meaning the possibility of higher punishment.

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 Assault

Though it seems like nonsense, regular assault is not a lesser included offense of assault by strangulation. This means that a person charged with a felony assault impeding breath or circulation cannot have a trial instruction a regular assault as a lesser included offense. The courts reasoning for this is that strangulation is a very specific type of bodily injury, so it requires different, additional facts for proof. In other words, assault by strangulation, by definition, excludes other injuries. The Coffey Firm disagrees with this reasoning and will work toward negotiating with the State on reducing or dismissing felony strangulation assault charges.

The issue comes with the indictment itself. If the indictment only alleges strangulation and not regular bodily injury, the courts will apply this rule. The State may amend the indictment, but relying on the State to do you any favors would be unwise. Let The Coffey Firm fight for the best possible outcome for 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.

Days of Jail as a Condition of Probation

DWI Probation Sometimes Includes Days in Jail as a Condition of Probation

For certain DWI convictions, the law requires days of jail as a condition of probation. The good news is that a First Time misdemeanor DWI conviction does not have this requirement. The jail time as a condition of probation only comes into effect on a second or more DWI Conviction, or for Intoxication Assault or Intoxication Manslaughter conviction. The minimum days of a jail as a condition of probation is as follows:

• 72 hours (3 days) of continuous confinement on a second DWI conviction (Class A Misdemeanor);
• 5 days if the second DWI conviction occurred within 5 years of the first DWI conviction;
• 10 days on a third or more DWI conviction (felony);
• 30 days on an Intoxication Assault conviction; and
• 120 days on an Intoxication Manslaughter conviction.

This problem becomes worse when the State moves to revoke probation. If the court revokes probation and sentences you to jail or prison, then the days of jail spent as a condition of probation do not count for calculating credit for time served.

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.

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.