DWI Defense

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A first conviction for DWI in Texas is a Class B misdemeanor, but it is a serious matter. A DWI conviction costs money in fines and other costs, raises your insurance premiums, and can affect your employment situation. In Texas, by law, you cannot get deferred adjudication for a DWI.

Facing a DWI Charge in Dallas? – I Can Represent You in a Court of Law

A driving while intoxicated (DWI) charge occurs when you operate a motor vehicle while under the influence of either drugs or alcohol, and your mental and physical abilities are impaired. Many accidents have occurred due to drivers who drive while they are intoxicated. As such, the law can be quite harsh when it comes to these charges. In Dallas, it is important to understand that you may not operate a vehicle if your blood alcohol content level is above 0.08%.

If you are convicted of a DWI, you could be facing:

  • A fine of up to $500 (if it is a misdemeanor charge)
  • Suspended driver’s license
  • Felony charges if you are carrying a minor as a passenger
  • Misdemeanor or felony charges on your record

What should I do if I am pulled over for suspicion of DWI?

If an officer of the law pulls you over under the suspicion of driving while intoxicated, you have the right to refuse a breath or blood test; however, the officer may have you perform a number of other sobriety tests. Most officers also have the ability to video record your actions. They can use any and all of this against you in court. You also have the right to a lawyer. When you come to an experienced criminal defense attorney such as me, you can trust that you have a relentless advocate fighting for you.

Why Work with a Dallas DWI Defense Lawyer John Helms?

At the Law Office of John M. Helms, I have more than 20 years of experience and have successfully handled hundreds of cases. I have an advantage in many cases because I previously served as a federal prosecutor. I understand and can predict what your prosecutor’s strategy might be. When you come to me for legal aid, I can give your case the personal attention it deserves and fights to protect your rights.

Contact Dallas DWI Defense Attorney John Helms today for the aggressive representation you deserve!

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​​FAQ

If you have not been arrested or charged with a crime, but the police have told you that they would like to talk to you, what do you do? Do not say a thing; let them know you want to use your right to get a lawyer. And do it ASAP.​

Whenever you have any dealings with the police, you should be represented by a lawyer. If they are looking for you, if they want to talk to you, if they want to arrest you, or if someone has contacted law enforcement and accused you of a crime, you need a lawyer.

Even if you plan on pleading guilty, it is critical that you hire a criminal defense lawyer to protect your rights. Representing yourself is never a good idea. Even if you plead guilty, you can expect that prosecutors will try to take advantage of your inexperience by only agreeing to a plea deal that is less favorable than they would with a lawyer. Plus, an attorney may be able to spot problems with the government’s case that you would not recognize, like evidence that should be suppressed. Problems like that might result in dismissal of the charges altogether, but just being able to spot them can help negotiate a better deal with a prosecutor. An attorney, especially a former prosecutor like me, can help you protect your rights, evaluate your options, and negotiate with the prosecutors for the most favorable outcome.

Depending on your case, based on the advice of your attorney, it may be in your best interest to go to trial. When charges are filed against you, your lawyer will evaluate the case to determine if there is a legal basis to get the case dismissed. If there is not, and if either the government cannot prove the charges beyond a reasonable doubt, or if a satisfactory plea bargain cannot be worked out before trial, then your best option will, in all likelihood, be going to trial. If the case cannot be dismissed, it is ultimately your decision whether you want to take a plea bargain or go to trial. Your lawyer cannot make that decision for you or force you to decide one way or the other. Your lawyer will advise you on what is in your best interests, but no one can take away your right to decide.
Any offer or plea bargain should be evaluated carefully with the assistance of an experienced criminal defense lawyer to ensure that your rights have been protected and that you understand the consequences of the plea. A good criminal defense lawyer will evaluate and discuss with you your other options, including trying to have the case dismissed, your chances if you go to trial, and whether a better deal can be negotiated. This kind of analysis requires experience and knowledge of the law.
In state court cases in Texas, a magistrate judge sets bail shortly after you are arrested. They do this based on the crime and your criminal history. You can hire a bail bond company to help you post bail. They usually require you to give them 10% of the bond amount (which you get back at the end of the case if you comply with all conditions of bond), plus a fee that they keep. Depending on the amount of the bail and your financial condition, they may also require putting up property to make sure they can get their money back if you do not comply with your bail conditions. If you know you are going to be arrested, I strongly recommend contacting a bail bond company in advance. They can make sure that they are ready to post the bond for you as soon as it is set by a magistrate judge. This helps you get out as soon as possible. There are bail bond companies that I trust, and if you hire me, I will help you through that process. Federal court is very different. After your arrest, you have an initial appearance in front of a federal magistrate judge. The prosecutor will tell the magistrate judge whether the government is asking for you to be held in custody during trial. If the government is asking for that, you have the right to have a hearing in court in which the magistrate judge decides whether or not you will be held in custody before trial. That hearing is usually a few days after your initial appearance. Bail is not common in federal court. You will usually be held in custody or released, but if you are released, there may be conditions of your release like electronic monitoring or house arrest.
Absolutely. If you are a suspect or being investigated for potential criminal activity, it is always in your best interest to have a lawyer present. This is true regardless of where the questioning takes place. If the authorities want to question you while you are in custody, you should ask to have a lawyer present during any questioning and refuse to answer questions until your lawyer is with you.

In criminal cases, we usually charge a flat rate for everything but trial and a trial fee that is only owed if the case goes to trial. A flat fee means that, no matter how much work the lawyer has to do, you know up front what the fee is going to be. We base our fees on our estimate of the amount of time and work that will be required to defend the case. We are not a factory type of operation, so we generally do not have “grocery store” pricing, in which a given crime costs a set amount regardless of the facts. Each case is different, and we try to tailor our fees to your individual case. That means that we want to find out about your case and that we try to set our fees based on how much work we think your case will take and how complicated it will be.

If you are under investigation, but you have not been charged, we may offer to represent you during the investigation based on an hourly rate with a cost deposit that we bill against. This can benefit you because it can be difficult to predict how much work it will take to represent someone during an investigation, and an hourly rate means that you will only pay for the work done.

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