DWI

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 family, a career, and a life that is important to the people who love you. If you’re facing a charge of DUI, you may be scared, a little ashamed, and worried about your future.

You have a lot at stake.

You might lose your license, your financial security, and even your freedom.

You need the best advice,

and a criminal defense attorney who has the knowledge, skill, and experience to protect you. Not just some attorney who thinks he can represent clients on DWI’s adequately, simply because there’s a lot of them in and around Austin. You need a lawyer who will listen to you and understand how the accusation affects your life and your family. You need a lawyer who makes communication with you a priority, and incorporates it into the fabric of your defense. But mostly, you need an attorney who understands the scientific, and non-scientific, methods the government and law enforcement use to try and convict you of this very prevalent offense.

THE STOP

- 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.

SFSTs

- 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.

GETTING 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 “3^rd or more/with at least 2 prior DWI convictions” – 3^rd degree, an Intoxication Assault – 3^rd degree, or an Intoxication Manslaughter – 2^nd degree) and the OFFICER WOULD BE REQUIRED TO GET YOUR BLOOD.

ALR

- 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”.

OL

- 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.

BEST POSSIBLE OUTCOME

My number one goal is to make sure my client is satisfied with the resolution of their case, whether we go to trial or not.

CLEARING YOUR RECORD AFTER IT’S ALL OVER

I offer Expunction and Non-Disclosure representation, so clients can either erase (Expunction) or seal (Non-Disclosure) their criminal history record after their case has been completed.

DWI