DWI Lawyer Straight Talk

DWI Lawyer Straight Talk

The following questions are normal questions that most everyone thinks about when it comes to hiring a DWI lawyer or a criminal defense lawyer. Granted, not everyone is intoxicated but for those who are, this is a very embarrassing experience. Even when it comes to other types of offenses, it is natural to feel shame. I hope the following will help you.

1. I am afraid that my DWI Lawyer will think that I am an idiot/stupid/wild/crazy… when the offense happened, and I don’t want to have to go over the evidence with her.

Please know that what makes us human is a wide range of feelings in an impossible to count number of circumstances. When you throw alcohol or other substances in the mix that alters one’s judgments, things can go out of control. I like to start off my evaluations in DWIs by explaining “Please don’t be embarrassed. If you look intoxicated, I can assure you that I have looked worse. Trust me.” With shameful or embarrassing situations, my job is to help not judge. I keep a box of Kleenex in my office, and it is used often during emotional moments. These emotional moments are important because I am trying to get to the root of problems, issues, and everything I can to help my client.

2. What if I don’t want my DWI Lawyer to know the truth? Can I present a false narrative that will get me out of this? Will she suspect it? What happens if she catches me lying to her?

I have been doing this for 26 years and have raised four children and taken in more. I have tried over 400 cases (mostly jury trials) and spend a lot of time with people talking, learning, and smoking cigars. Much like one of our country’s best Supreme Court Justices John Marshall, I am a people person. He spent hours in the Founding Father days of the 1700s in taverns, me- in cigar shops. By this, I mean that reading people comes with knowing and loving people. When you have a handle on people, spotting falsehoods and lies comes naturally. It is my job to read jurors and know what matters to them. I do not hesitate to tell my clients when I disagree with them or find what they are saying to be untruthful. My job is to help, not hurt.

First of all, ethically you cannot lie in law. Second of all, those who think they can are only fooling themselves. A lot of what I do is deliver “straight talk”. It’s my job. If I didn’t call a spade a spade, I would not be able to help my clients. When it comes to the law, repercussions are very serious. You would never let a loved one walk off a cliff to their demise. Same.

I feel committed to doing the very best I can for each client, and this necessitates they tell me the truth. When they don’t, I call it like it is. It’s what I do. You can’t get to solutions until you uncover the problems. I don’t blame anyone for trying to pull one over on me or resent them for it, just expect me to call you out so we can get on with what matters and getting the best result. There is not much I have not seen in 26 years. Not much surprises me.

3. When the case is over, how will I feel about my lawyer? What if I see her at a restaurant? I don’t want her acknowledging I was her client. I don’t want to feel embarrassed.

There are ethical rules of confidentiality. Trust me, I am much more concerned that you do not feel offended if I don’t recognize you! I have a laser focus which makes me very guilty of being one track minded or “in the zone” very often (especially if I am in the middle of a trial, going to court, etc.). I appreciate each one that has given me an opportunity to help in the past 26 years and I thank you very much. Though I know we can’t always get the result we wanted,  I do hope you know you are very much cared for by a very dedicated and concerned me.

There are about 2 degrees of separation one from the other in the metroplex when it comes to me. I have helped over 5,000 people and have had my billboards up for decades. I frequently encounter folks who take one look at me and say, “I know I know you from somewhere” (from the billboards). Me and my kids were born and raised here. My tentacles run deep and long into all Dallas – Ft. Worth. Chances are people won’t think it is anything but a social network that runs long and deep over 3 generations. So, take a breath, I won’t mention anything, and I hope you won’t feel offended if have to remind me!

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.

DWI Eye Test: Unrelated to Driving Ability

The DWI Eye Test is very misleading. The reliance of the DWI Eye Test is now past a “common misconception” and has now become a major lie. Many officers and prosecutors claim that HGN is the “best DWI test” for finding out if a person is DWI. They claim that anyone who has HGN is unsafe to drive and try to put the test on a pedestal. However, the DWI Eye Test has absolutely nothing to do with a person’s ability to drive safely. Even in the many (flawed) verification studies, the primary purpose of the eye test is to detect the possibility that a person is at or above a certain BAC. In some ways, the test does seek to indicate “impairment,” but the test does very little to test physical impairment.

DWI Eye Test Validation Problems

At the base level, the DWI Eye Test is problematic due to the many flaws in both verification and actual practice. To start, the verification studies for the eye test mostly occurred in laboratory, rather than practice, settings. This means that they had access to equipment such as protractors, chin rests, and whatnot. Even the the “field testing” studies, there were problems such as the presence of PBT devices (portable breathalyzers) that may have influenced the interpretation of the test. Some field studies also lacked oversight, meaning that the police agencies involved sent data to the study, but the actual administration of the test was not personally observed to determine accuracy. Further, there are over 40 different types of nystagmus, but officers do not receive sufficient training to differentiate between all of them.

Another main concern with the validation studies has two parts. First, the laboratory portion of the studies excluded certain subjects (e.g., elderly), occurred during the day, and subjects did not have reason to fear arrest. Second, the field studies had bias in favor of the study because most subjects already belonged a “high risk” group (e.g., stopped at night in areas with many bars). Finally, most studies did not account for field factors that interfere with the test (e.g., anxiety, fear, age, etc.).

The DWI Eye Test and Driving Ability

There are ZERO studies validating the eye test for testing physical tasks such as driving ability. There is also very little research on the eye test’s ability to determine mental impairment. Part of this is due to the instructions for the test. Without going into the exact science of eye movement, it should be common sense that people do not drive without moving their heads. Yet, the eye tests requires subjects to move “eyes and eyes only” during the tests. Officers tend to consider any head movement as a sign of intoxication. Regardless, officers receive very little training (about 3 hours of a 3-day course) on the eye test. This often leads to incorrect performance of the test. Even then, officers rarely test “sober” people so may not know the appearance of natural, non-impaired eye movement.

**EVEN THE NHTSA HGN ROBUSTNESS STUDY SAYS THAT A PERSON CAN SHOW ALL SIX CLUES AT .02 BAC (i.e., ONE BEER)**

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.

Parole: Who is Eligible?

Most of us who watch television or movies are likely familiar with the phrase “life without the possibility of parole”. We might also be familiar with the “death sentence”. But what exactly is parole? The easiest illustration, though not fully accurate, is that it is a type of probation.

Upon a jail sentence, the court sentences a convict to spend X amount of time in jail. For example, giving a 5 year jail sentence on a felony DWI. The way parole works is that, after a certain amount of time, the convict might be given parole. On parole, the convict is supervised by a parole officer and must satisfy certain conditions to remain out. Parole is never a guarantee, and many crimes are either ineligible for parole, or have long “waiting times” before eligible. Even if eligible, the parole board must still determine whether the convict should be released.

Who is Eligible for Parole?

The easiest way to answer this question is to start out with who is NOT eligible. Also, keep in mind that this post is very basic and there are some exceptions to what is below.

A person given death or life without parole is, obviously, not eligible for parole. Interestingly, though, there are a few crimes that are never eligible for parole regardless of length. In general, these include Continuous Trafficking of Persons, Continuous Sexual Abuse of a Child, and some Aggravated Sexual Assaults.

Even for a capital felony, a juvenile cannot receive life without parole. In these situations, the juvenile is not eligible for parole for at least 40 years.

Life sentences usually involve capital offenses. But, some 1st degree felonies are also subject to life sentences. In most, but not all, of these situations, the “waiting” period for parole is at least 35 years.

Normally, any conviction for Trafficking of Persons means ineligibility for parole. However, if the State and Judge agree to allow for parole, it becomes a possibility. In those rare circumstances, the waiting period is the lesser of 1/2 the sentence or 30 years. However, the minimum time before eligibility is 2 years.

Some crimes have increased punishment if committed within a “drug free zone”. In those circumstances, the “waiting” period is the lesser of 5 years or the term to which the person was sentenced.

For most other situations, barring “3g offenses” discussed next, the “waiting” period is the lesser of 1/4 the sentence or 15 years. Medically recommended supervision is the main exception to this general rule.

“3g” Offenses

The “3g” offenses belonged to the now repealed section 42.12. However, the “3g” section of that statute now lies in section 42A.054 with much of the same language. This statute limits a Judge’s ability to grant community supervision. For the purposes of parole, however, this list serves to limit when the inmate becomes eligible for parole.

The “3g” Offenses, for purposes of parole, are:

• Criminal Solicitation (of an offense punishable as a 1st degree felony)
• Murder
• Aggravated Kidnapping
• Trafficking
• Some Trafficking of Persons
• Indecency with a Child
• Sexual Assault
• Aggravated Sexual Assault
• Injury to a Child (if punishable as 1st degree)
• Aggravated Robbery
• Certain Burglaries
• Aggravated Promotion of Prostitution
• Compelling Prostitution
• Sexual Performance by a Child
• Certain Possession Cases

For purposes of parole, any offense involving a deadly weapon also falls into this category. Organized crime also falls into this category.

In circumstances involving the offenses or other factors mentioned above, the “waiting” period is the lesser of 1/2 the sentence or 30 years. However, the minimum term before becoming eligible is 2 years.

There are a few more case-specific exceptions. But, hopefully this post provides a very general overview of parole eligibility.

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.

Early Release from Probation

Did you know that it is possible for the court to give you Early Release from Probation in most cases? As long as you keep up with all of the conditions, the law does allow probation to end early. There are two main opportunities for the judge to review your record for early release: Discretionary and “Mandatory”.

Discretionary Review for Early Release from Probation

Texas Code of Criminal Procedure 42A.701(a) states: At any time after completing the lesser of one-third (1/3) or two years of probation, the judge MAY reduce or terminate probation. The word “may” in a statute like this means that the judge has discretion to perform or not perform a specific action. Here, it means that the judge has no obligation to reduce or terminate probation at the 1/3 mark. At the same time, the judge can reduce or release probation if satisfied with your record and performance on probation. While this is an option, most judges likely will not grant early release at the 1/3 mark.

“Mandatory” Review

The word “mandatory” is in quotes because, while this review is indeed mandatory, it rarely happens in practice. Texas Code of Criminal Procedure 42A.701(b) states:

• At the greater of two years or the halfway mark of probation, the judge SHALL review your record and consider whether to grant early release. The judge cannot perform this review if:
  • You have not paid your fees, fines, restitution, etc. that you are able to pay; or
  • You have not completed court-ordered counseling or treatment.

As you can see, there are a couple of exceptions. However, the word “shall” in a statute such as this means the judge is required to review your record at the halfway point. That said, and as mentioned above, this rarely happens in practice. This is because the law sometimes defies common sense. When used against the government, “shall” tends be interpreted as “may” unless stated otherwise. In other words, despite using different words, most courts treat both reviews mentioned as discretionary, meaning they have no obligation to do any review.

The Biggest Issue with Early Release from Probation

There is one HUGE issue with the early release statute. Before touching on that, there are two other exceptions that are smaller issues (but make a bit more sense). First, you are not eligible for early release for a conviction that requires sex offender registration. Second, major offenses (murder, trafficking, prostitution, etc.) are similarly not eligible for early release. While those are still issues, they pale in comparison to the elephant in the room.

That elephant is this: DWI are NOT eligible for early release. The Texas Legislature apparently decided that even misdemeanor DWI is equivalent to other heavy felonies. The statute specifically states that it does not apply to “an offense under Sections 49.04 – 49.08, Penal Code” which is the section containing intoxication-related offenses. In other words, if you receive probation for misdemeanor DWI, you must complete the entire probation. While there are a couple positives (i.e., potential for early interlock removal or non-reporting probation), this exclusion from early release is completely unjust. A misdemeanor DWI should not be put in the same category as murder and trafficking. Period.

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.

Criminal Record Enhancements for DWI

Did you know that there are Criminal Record Enhancements for DWI? Even other charges might enhance your DWI. Importantly, a prior felony impacts the potential punishment for your DWI. For example, a felony assault you picked up when you were younger might come back to haunt you.

Keep in mind that this is all general. If there is a specific enhancement that applies to a specific offense, that enhancement usually controls over the general rule. For misdemeanors, Texas Penal Code 12.43 contains the general enhancement rule. On Class A misdemeanors, the minimum term of confinement becomes 90 days (but the upper limit remains 1 year) if you have a prior Class A or Felony conviction. For Class B misdemeanors, there is an added 30 day minimum term of confinement (upper limit remains 180 days) if you have a prior Class A or B misdemeanor, or any felony.

DWI-Specific Criminal Record Enhancements for DWI

Again, that is just the general enhancement rule. For DWIs, there are some slight differences. The enhancement section for DWIs is 49.09. That section enhances a second DWI to a Class A misdemeanor with a minimum term of confinement of 30 days. Interesting to note, if your first DWI as also a Class A (because of a high BAC), then this section would control over 12.43 since specific enhancement provision control over the general rule. Similarly, a third DWI becomes a felony (i.e., two prior convictions even if both were plead as a class B). Some issues exist with this enhancement because of the old “10 year” rule. That rule said that a conviction 10 years before another cannot be used for enhancement. However, the Texas Legislature repealed that section of the statute, 49.09(e), back in 2005. Please, call us to discuss the Criminal Record Enhancements for DWI.

Criminal Record Impacts on Probation Eligibility

Having a felony on your record might cause issues depending on whether a judge or jury determines the punishment. If you go to the jury for punishment, there are certain requirements before the jury may recommend probation. One interesting note to start, though, is that if a jury recommends probation, than the judge “shall . . . place the defendant on [probation]” based on that recommendation. When a statute says a judge “shall” do something, it means the judge does not have discretion.

A jury may only recommend probation if:

• “before the trial begins, the defendant files a written sworn motion . . . that the defendant has not previously been convicted of a felony [even outside of Texas]; and
• the jury . . . [finds] that the information contained [in the motion] is true.”

To summarize, a prior felony is an absolute bar to jury-recommended probation.

A judge, however, has no such restriction on giving probation to someone with a prior felony. Though there are restrictions as to the minimum/maximum term for probation, a judge has discretion to order probation in the “best interest of justice” even with a prior felony on the person’s background. In other words, there is a much larger risk of going to the jury for punishment with a felony on your record. That isn’t to say “don’t do it” since each case will be different. But, going to the judge for punishment provides a somewhat simple path to DWI probation.

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.

How Much Does a DWI Lawyer Cost to Hire?

After a Texas DWI Arrest, many questions probably race through your mind, such as:

1. “How much will it cost to hire a lawyer for a Texas DWI?”
2. “What is the normal fee for a Texas DWI Lawyer?”
3. “How do lawyer fees work for a DWI?”

These are very good questions. A Texas DWI Arrest can be scary. It is also alarming thinking about hiring a lawyer and not knowing how attorney fees work. Here are how the fees work at The Coffey Firm.

The Coffey Firm is proud to have fair pricing. Fair to you and fair to the firm.

Our attorney’s fees are a flat fee.

Court Appearances: Whether you go to court one time or ten, you are not billed by the court appearance.  It may take several attempts to successfully resolve your case. You should not have to pay extra for this. The only thing that matters is that you get the best possible result. Flat fees allow us to do this. This is our job.

Phone calls, communications, office visits: You are NEVER billed by the call, communication or visit.  Simply put, you are not billed by the hour. We at The Coffey Firm, want you reaching out anytime you have a question. We will be also be reaching out to get to know you, to inform you of court dates, developments and to schedule your case evaluation.

What is a case evaluation? The most important part of our representation is the case evaluation.  This is the scheduled office (or zoom) visit where Mimi sits down with you and goes over your life story, the facts of what happened, the police report and the video. This is a critical step, as this is where case strategy is decided upon and options discussed. However, the specific offers and options that will ultimately be available to you still need to be worked out. The full retainer must be paid before this case evaluation occurs. In the interim, the firm is discussing developments, license issues, court scheduling and answering all of your questions, as well as getting to know you. If the case is resolved in a plea (trial option not chosen), this is included in your contract.

What attorney’s fees are not included in my original retainer?

When you retain The Coffey Firm, we have no idea as to the merits of your case without getting all the evidence for a full picture. This is why your contract includes the basics. The basics include almost everything up to and including a plea: (1) an ALR hearing (if the deadline has not passed), (2) an ALR occupational license (ODL), and (3) a plea bargain.

What is not included would be a trial or a special hearing (e.g., Motion to Suppress which is a separate hearing that may result in the dismissal of your case, fact specific). Trials (judge and jury) are unique and very intense. The trial fee is dependent upon the level of difficulty and issues presented. For example, a Texas DWI blood test jury trial generally lasts longer (depending on strategy) than a non-specimen case. These issues are factored into your trial fee.

What separate fees may I expect to pay for a Texas DWI?

You may generally expect to pay subpoena fees (we hire third party process servers), court filing fees, Texas DPS fees and any fees associated with your case in court such as fines or court costs. Texas DPS also has superfine fees that may or may not apply to your case. We will discuss these other fees with you. Since these fees are subject to constant change, we just pass the fee directly to you as we have no control over them. Expert witness fees for trials are also not included.

Are there payment plans?

Yes, by all means. We realize that most everyone does not prepare for attorneys’ fees. We try to work out payment plans that work with your budget and the court’s planning. There are times when courts will not be open to continuances for attorneys’ fees to be paid. In these circumstances, we do require that the fees be paid in full prior to case disposition.

Should I pay my Texas DWI attorneys’ fees in full up front?

When this is possible, this is always preferable. Sometimes this leads to faster case resolutions. It certainly leads to less worry as you have the full case evaluation fast tracked, compared to our normal schedule.

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.