Can You Win a DWI?
A common question is “Can You Win a DWI?”. Obviously, a win is a redemption of the charges. Simply, though, a “win” is satisfying the client’s goals. Like most other issues in criminal law, DWIs are not Black & White. All cases are different, and all clients are different. Sometimes the facts are favorable. Other times a win is a mitigation of damages. The Coffey Firm’s #1 goal is to achieve our client’s objectives. We want to get you back to where you were before the arrest or better.
It goes without saying that The Coffey Firm will always fight for a not guilty, a dismissal, or a reduction. However, a quick check with the county clerk of pretty much every county will show that only a handful of cases (around 2-3%) are reduced or dismissed per year. Any lawyer who promises or guarantees a dismissal or reduction is disingenuous.
Will I have to go to Jail on my DWI?
For a first-time DWI, we usually say that “you do not have to go to jail unless you want to.” This may sound like a strange answer but remember that each case is different and each client has different goals. Each client has a different “win” for us to fight for. Put in simpler terms, there are many alternatives to serving jail time, especially on a first-time DWI, if a conviction can’t be avoided. Mimi will go over all these options during the case evaluation and will give her recommendations. Remember, accomplishing your goals is a win in a DWI case.
There is an important note about license suspension to keep in mind. You might receive either (or both) a civil and a criminal license suspension. This is because a DWI arrest has two distinct parts: an ALR and the DWI itself. The ALR (Administrative License Revocation) is the driver’s license suspension process.
Example 1: I won my ALR! Does that mean my DWI can be dismissed?!
Unfortunately, the answer is no. The outcome of the ALR hearing has little to no impact on the DWI itself. However, do not lose hope! An ALR decision citing lack of reasonable suspicion or probable cause might make for a good “bargaining chip” for negotiating on the DWI. While the ALR is not exactly binding in relation to the DWI, a sympathetic DA might see the ALR win and make a more favorable offer (e.g., a DWI reduction or DWI deferred adjudication).
Example 2: I got a DWI Dismissal! Why is my ALR Lawyer still calling me about a license suspension?
This situation is a bit more complicated. While the criminal court has higher authority than an administrative court, that does not mean that a DWI dismissal affects the ALR. This is partly due to the civil courts having direct appellate control over the administrative judge. But, this is mostly due to the ALR laws themselves. The ALR statute allows for a license suspension to be lifted if you are acquitted on the DWI charge. Unfortunately, the statue also explicitly states that a dismissal of the DWI is NOT an “acquittal” even though logic suggests otherwise.
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. The Coffey Firm offers fair DWI payment plans and free consultations.
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.