DWI / DUI Defense
Arrested for DWI or DUI?
Act fast to keep your Driver's License!
But fight hard to keep it off your record!
Driving While Intoxicated can send you to jail for up to 6 months and carry thousands of dollars in fines and driver's license surcharges if your BAC (Blood Alcohol Content) is 0.08 or more. The penalties are even more severe if the police believe your BAC is 0.15 or more -- up to 1 year in jail and double the fines and surcharges!
If you don't act within 15 days, your Driver's License will be suspended!
Breath test with an accusation of your 0.08 BAC or more?
Refuse to submit to a test?
Get a document from police entitled "Notice of Suspension - Temporary Driving Permit?"
You only have 15 days from your arrest to file a request for a hearing to fight your DL suspension. If you don't file anything, you lose your DL for
90 days if your BAC is 0.08 or more
180 days if you refused to submit
The suspension begins 40 days from your arrest if you do nothing!
DPS rules are specific and exacting - you cannot make a mistake in the request, and you cannot be late.
If you submitted to a blood sample, you may not have an immediate suspension, but you may receive a letter from DPS in a few weeks with a 20-day deadline. DPS will only send 1 letter and only to the address on your DL - make sure your address is correct. And, when you get it, act fast.
Don't miss an opportunity to keep your DL by waiting too late. The Flanigan Law Firm is experienced in requesting that DL suspension hearing and making sure we get all the offense reports so that we are prepared to fight it for you. If your DL is already suspended, we can help you obtain an occupational driver's license.
Most importantly, fight hard against the DWI accusation in criminal court!
Penalties for DWI include -
0.08 to 0.14 BAC = up to 6 months jail + $2,000 fine, court costs, another DL suspension for 6 months, $1,000/year in DPS surcharges for 3 years
0.15 BAC or more = Penalties Double! Up to 1 year jail + $4,000 fine, court costs, another DL suspension for 6 months, and $2,000/year DPS surcharges
2nd Offense accusation = Up to 1 year jail + $4,000 fine, court costs, another DL suspension that may be up to 2 years, and $1,500/year or more in DPS surcharges
3rd Offense accusation = between 2 to 10 years in prison and up to a $10,000 fine, and $1,500/year or more in DPS surcharges
Even if you get probation, a first DWI conviction will be on your record forever and set you up for a 2nd or 3rd DWI accusation later in life. The Court is not allowed to give you deferred adjudication - so a DWI accusation could result in a final conviction. Not to mention - you will still have surcharges, fines, probation fees, required classes, curfews, drug/alcohol tests, probation meetings, travel restrictions, and damage to your reputation.
Don't go into court without an experienced DWI Attorney by your side!
Shannon Flanigan has over 20 years of experience with DWI cases. Let us keep this accusation from ruining your reputation, costing you thousands of dollars, and restricting your liberty for years to come!
We will start by getting all the details from you about the stop. Those details are important as we comb through the case for mistakes made by the police or that would show you were not intoxicated. Next we file a request for a DL suspension hearing as soon as possible. That will keep your DL beyond the 40 days it would normally be suspended. Then we file motions for discovery that require DPS and the county prosecutor to give us the offense reports, lab reports, and all the videos made by the police. Any mistakes made by law enforcement should be evident in that information and the videos may be contain information that may keep this from being a conviction.
Court hearings come next.
An ALR hearing judge and prosecutor will not negotiate or allow you to keep your DL based on your circumstances. You must win that hearing to keep your DL.
At criminal court, you are at the mercy of a prosecutor who has all the information and power of the State. Don't go into court without an attorney - you are not allowed by law to get copies of the offense reports or video. A good attorney can and will get copies of all that information. At the Flanigan Law Firm, you will have plenty of time to comb through all that information in our office.
A jury trial could come next. Your future should be in the hands of someone with experience. Shannon Flanigan has over 20 years experience in jury trials.