I have been charged with a DWI in Texas. I was in a car accident and they have my blood (proving I was drunk).

Do you WANT to ruin your life with a conviction and admit guilt before you have even engaged in the possibility that you might NOT be guilty. The burden of proof is on the State to prove beyond a reasonable doubt that you are guilty. Blood cases are the most fertile ground for an expert DWI lawyer to defend. There are many mistakes that can be made along the way that will have the effect of suppressing the evidence and denying the State to use it in trial against you. There is always an argument that you were not guilty but more importantly the burden of proof is on the State. Whether or not you are guilty is NOT the issue. The issue is whether the State can PROVE you are guilty. By assuming that there is no hope to your case, you have made the worst mistake of all - not even trying to defend yourself. Out of all of the people that plead guilty, 100% of them are found guilty. Hire a great DWI Lawyer, fight the case and you will be surprised and amazed at what a great lawyer can do for you. Go to the National College for DUI Defense website at www.ncdd.com to find the most qualified attorneys in your area that handle DUI blood cases. You cannot possibly make the decision to plead guilty unless and until a top notch DWI lawyer has obtained all of the discovery in your case and thoroughly reviewed all of the evidence. You are not in a position to determine whether you are guilty or not. An attorney with years of experience and one that has handled these types of cases before will know more than 100 things more than you about defending these cases. Without the benefit of excellent legal advice you are making a serious mistake in assuming the State can prove you guilty and today there are severe penalties for a DWI conviction. Loss of license, surcharge of $3000.00, a criminal mark on your permanent record that may prevent you from being hired in any future emplyoment or rent an apartment because of your criminal record, your automobile insurance rates will only triple if you are lucky and you will be forced to missed numerous days of work reporting to probation and paying fines and fees, not to mention the possible loss of your driver's license. Texas DPS estimates the cost of a DWI to be approximate $24,000.00! SHOULD YOU PLEAD GUILTY - ONLY AS A LAST RESORT, NOT THE FIRST!!!

You can always fold your tent, raise the white flag and plead guilty; no prosecutor or judge wil stop you from doing that. Why don't you at least make an appointment with an attorney and discuss all of the facts and circumstances of the case with him/her before simply showing up in court and pleading guilty with absolutely no consideration whatsoever. Your disposition regarding the case against you may end up being well founded, however, there is no harm in spending a little money to consult with an attorney; he/she may confirm for you that there's no way to defend the case. However, there may be a way of negotiating a resolution for you that will be less detrimental than simply pleading guilty and throwing yourself on the mercy of the court.

In addition to what the other lawyers have responded, you should be aware that the prosecutors look different at cases that involve accidents, often wanting jail time even if they are willing to give you probation. A lawyer can help, as a last effort, work the very best deal for you - which could possibly be something less than DWI. The first DWI is a class B misdemeanor, carrying up to 6 months in jail & a $2,000 fine. The second, if enhanced with the first (at any time - there is no time limitation) is a 30 minimum in jail. The third, no matter when in relation to the other two, is a FELONY for which you could go to prison. Every time an officer stops you, if you have been convicted of DWI & have any alcohol smell about your person or your automobile, you can just about bet that you are going to jail again for DWI. It is just how it works; not fair, but statistics bare this out. Lawyers are expensive if they are any good, especially in a DWI where the officers are experienced witnesses and there is a lot of work involving blood cases (although as Mr. Case said, there is fertile grounds to attack a blood result.) Best, Cynthia