05 August

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Criminal Record Enhancements for DWI

Name: The Coffey Firm
Price range: $$$

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...

03 August

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Texas DWI Blood Tube Recall

Posted by Mimi Coffey

in Helpful Legal Information

Despite having many problems, DWI blood tests have become the norm for many police agencies as part of a DWI investigation. Any problem with the tube or the substance within the tube can have *huge* ramification on DWI blood test accuracy. This is why a Texas DWI blood tube recall means that the problem might cause inaccuracies when tested. BD, one of these medical companies, issued a recall of just under 250,000 tubes because of an issue with the preservative. To illustrate, the preservative is, as the name implies, designed to preserve the blood and combat issues like fermentation. Without this...

16 July

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How Much Does a DWI Lawyer Cost to Hire?

Posted by Mimi Coffey

in Helpful Legal Information

After a Texas DWI Arrest, many questions probably race through your mind, such as: "How much will it cost to hire a lawyer for a Texas DWI?" "What is the normal fee for a Texas DWI Lawyer?" "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...

11 June

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Deadly Weapon finding on DWI

Posted by Mimi Coffey

in Helpful Legal Information

What is the meaning of a deadly weapon finding on DWI? A deadly weapon finding in a Felony DWI can be very dangerous. One of the primary goals for a DWI Defense Lawyer is to get the District Attorney to waive the deadly weapon finding. By waiving the deadly weapon paragraph, more options begin to open. For example, after waiving the deadly weapon finding probation becomes a possibility. I didn't have a gun during my DWI Arrest! What is the meaning of a Deadly Weapon finding on DWI? This is a very good question. When people think "deadly weapon" they think of...

26 May

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Probation Revocation: Do I get “Time Served” if my Probation is Revoked?

Posted by Mimi Coffey

in Helpful Legal Information

The short answer is, unfortunately, NO. The longer answer makes it more of a "not exactly". The main goal of a Criminal Defense Lawyer in a Probation Revocation hearing is to, of course, avoid revocation. But, the truth of the matter is that certain probation violations cause more problems than others. Though not ideal, there are a couple of "exceptions" to not getting "time served" on a revoked probation. Do I get "Time Served"if my Probation is Revoked? The statute regarding Revoked Probation is 42A.755 of the Code of Criminal Procedure. When the court revokes your probation, it has two options. First,...

14 May

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Will I lose my VA benefits after a DWI?

Posted by Mimi Coffey

in Helpful Legal Information

I got a DWI! Will I Lost my VA Benefits? Let's start with the good news. In most common situations, you will not lose VA benefits because of a criminal charge. The issues arise in two situations: (1) when you are facing a felony charge, or (2) when in jail or prison for more than 60 days. Because DWI is a misdemeanor (except 3rd or more), most veterans will not have to worry about losing VA benefits. Even if sentenced to jail time, VA beneficiaries can generally receive full benefits if otherwise entitled. For felonies, though, the situation becomes somewhat more complicated....

12 May

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Can You Win a DWI?

Posted by Mimi Coffey

in Helpful Legal Information

Can I win my DWI case? A common question is "Can You Win a DWI?". Obviously, a win is a redemption of the charges. Simply, though, "winning a DWI" is satisfying the client's goals. Like most other issues in criminal law, DWI is not Black & White. All cases are different, and all clients are different. Sometimes the facts are favorable. Other times winning a DWI is a mitigation of damages (i.e., lower fine, less probation, less interlock, etc.). The Coffey Firm's #1 goal is to achieve our client's objectives. We want to get you back to where you were before...

04 May

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What is the DWI Eye Test?

Posted by Mimi Coffey

in Helpful Legal Information

The DWI eye test is called the Horizontal Gaze Nystagmus. This is the first of the three "standard" DWI tests. During this test an officer might have a pen-light or might use a finger illuminated by a flashlight. The officer will move the light or the finger to the left and right. The purpose of the test is to see if there is any involuntary jerking of the eye. There is a second part of the test that looks for "vertical" nystagmus, but that is not considered "standardized" like the HGN. As part of the test, police instruct you to follow...

28 April

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What are the DWI Tests Called?

Posted by Mimi Coffey

in Helpful Legal Information

One of the most common questions asked about DWIs is for information about the DWI Tests. There are three "standard" tests police officer have you perform during a DWI investigation. These three tests are: HGN ("eye" test), Walk-and-turn (walking test), and One-Leg Stand. There are other tests that police sometimes use, but they are non-standardized tests. However, even the "standardized" tests are plagued with issues. What are the DWI Tests? Before making any judgement on the "accuracy" of the tests, it might help to know exactly *what* the tests are. The DWI Eye Test - HGN The first of the three "standardized" tests is...

21 April

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Can you get a DWI Blood Test Thrown Out?

Posted by Mimi Coffey

in Helpful Legal Information

How can you Suppress a DWI Blood Test? "Can you get a DWI Blood Test thrown out?" is a very common question in Texas DWI Defense. While most people assume that a DWI Blood Test is automatically admitted, the truth is not so simple. There are various issues when it comes to DWI Blood Tests. Perhaps the person drawing blood performed the blood draw incorrectly. Or, maybe the seals on the blood tubes were faulty. These are just two broad examples. A DWI Blood Test is a scientific issue, meaning it must satisfy the legal test for scientific evidence. In short,...