Why You Need a Top Lawyer
The Law Office of Leslie J. Boykin guarantees representation by an attorney with the highest ethical standards, who charges reasonable fees for services provided, and who is available to clients as needed. Ms. Boykin works with the intention of obtaining the fairest, most just and reasonable disposition to her clients’ cases.
You've worked hard to get where you are.
You have a lot at stake.
You need the best advice,
Stay in your car, have your documents ready
Keep your answers to a minimum- the only thing YOU MUST SAY is your name and DOB
If the officer smells alcohol she will ask if you’ve been drinking – don’t lie, just don’t give information; ANYTHING YOU SAY WILL DEFINITELY BE USED AGAINST YOU.
YOU ARE NOT REQUIRED TO PERFORM THESE TESTS!
BUT, if you do NOT perform them, you’ll most likely be arrested for DWI
A Portable Breath Test/ PBT might be offered, but should be REFUSED, as they are unreliable and inaccurate, and while the number can’t be used in court, the prosecutor will consider it.
If you blow into the PBT and fail (>.08), you will definitely be arrested.
You’ll be handcuffed -do not panic or resist, as this will only cause the situation to be worse.
The officer should read to you the DIC-24, a Texas DPS form which warns you that your Driver’s License could be suspended if you refuse to give a breath or blood sample, or if you give one and fail.
Suspension times are 90 days if you give a sample and fail, or 180 days if you refuse to give a sample at all.
BREATH, BLOOD OR NEITHER?
YOU CAN REFUSE BOTH
If you refuse to give either breath or blood, there’s a 90+% chance your Driver’s License will be suspended (see ALR below), but at least you don’t have an inaccurate number to fight against in your case.
If an officer wants to, she can seek a warrant for your blood, based on her belief that she has probable cause to believe you are intoxicated.
There’s also a mandatory blood draw, if you are arrested for a Felony DWI (With Child Passenger – State Jail, a “3rd or more/with at least 2 prior DWI convictions” – 3rd degree, an Intoxication Assault – 3rd degree, or an Intoxication Manslaughter – 2nd degree) and the OFFICER WOULD BE REQUIRED TO GET YOUR BLOOD.
The Administrative License Revocation hearing is not a revocation (typically), it’s a suspension hearing (time of suspension is 90 days to 2 years, depending on the level of offense and your DWI/alcohol contacts history)
Texas DPS is our opponent in this venue, and their burden to prove you were intoxicated is “probable cause”.
The Occupational License/Essential Need License, is a Petition for a restricted license, issued by Texas DPS, and would give you permission to drive, should your regular Driver’s License be suspended.
You would have to maintain SR-22 supplemental insurance while driving on an Occupational License.
COURT PROCEEDINGS - PRETRIAL CONFERENCES
These settings give the attorney and the state time to exchange information and discovery (police report, 911 calls, photos, videos, etc.).
It’s also where negotiation begins and ends; if it’s not worked out, we set it for trial.
TRIAL – JUDGE OR JURY?
Around 1% of criminal cases go to a jury trial
A choice to try a case to a Judge, instead, is usually made when a complex legal issue is at the crux of the case.
Expert witnesses are extremely helpful in the trial of cases that involve scientific tests, and non-scientific (aka “junk” science) tests and evaluations.