DWI Trial Risks

If I have a trial, what are the risks?

There is no better reason to have a trial and fight your DWI charge than believing you are NOT Guilty. Frankly, the reason most people come to our office, and hire us as their attorneys, is because they ultimately want to fight their charges and use our services for a trial. However, most of our clients want to know what are the risks to setting their case for trial.

Evaluating the Risks of Setting a DWI Case for Trial

A major part of our representation is to assess the risks and rewards of fighting a client’s DWI case in a trial. Once we obtain all of the evidence the State has against you (police reports, witness statements, videos and any blood or breath evidence) we have a video review session with each client. At this session we go over all the evidence the State has against you and evaluate the strengths and weakness of the case. We look for legal and factual defenses to the State’s case. After we review all of the evidence, we will give you an opinion in the form of a percentage chance (20, 50, 70, etc.) of winning your case should it be set for trial and point out the possible defenses that form our opinion.

After we review your case for possible defenses, we go over the State’s plea bargain offer. We then give you our opinion on the offer, is it too high, is it fair, etc. Then, we give you our opinion on what your potential punishment would be if we lost your case after a trial. After, we asses the risks and rewards of setting your DWI case for trial, then you will decide if it is worth the risks, if any, of having a trial.

If you are found guilty is the punishment going to be worse?

Typically, if you set your DWI for trial and are found guilty the punishment will be close to the same, or in most cases even less, than the punishment offered by the State as a plea bargain. The reason is because most prosecutors have specific punishment guidelines that they are not allowed to deviate from in plea negotiations. It doesn’t matter to prosecutors that you are a good person, have never been in trouble before, were cooperative and polite to the officers, etc. However, those facts do matter to juries and judges and they can, and usually do, take those factors, and many others, into consideration when assessing punishment. As such, more often than not, there is little risk of being punished more if you are ultimately found guilty after a DWI trial.

To schedule a free, personal evaluation of your DWI case contact our office today.

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Contact Us: (469) 619-3800