2nd DWI Texas Conviction

Asked almost 2 years ago - Canyon Lake, TX

I need some advice...here's my situation/case.

I was charged with a DWI 2nd in Comal County and hired a "well respected" DWI defense attorney. When the state originally charged me, the charged me with a 1st and it was set for trial, when the trial date came up the DA gave me the plea to keep punishment of the 1st DWI which was 12 mo. probation, $1000 fine and the classes. We declined

The state proceded to dismiss the case and file a DWI 2nd, which generated a warrant so I was arrested a second time, posted new bond for a second time, etc.... Long story short, the state delayed, reset trials, and it finally went to trial after three years and I was convicted of DWI 2nd....Additional details for follow below

Additional information

The case had venue and reasonable suspicion issues which my attorney focused in hopes of getting the case dismissed or reduced. During trial I feel I was mis represented as there were many missing arguements/defense questions, etc... pertaining to the points of the actual case which needed to be addressed should the possibilities of the technicalities having the case reduced or dismissed not been present. I feel he totally missed the opportunity to show reasonable doubt to the jury, and it is my understanding that the jury solely based it's decision on admission of drinking alcohol....more to be added

Attorney answers (5)

  1. Gene Raymond Beaty

    Contributor Level 15


    Lawyers agree

    Answered . Negotiations don't always work out. You knew or should have known of the risk of the DWI 2d charge when you refused their offer. There are risks in all we do in life and this one didn't work out so well for you. Unfortunately, some lawyers aren't aggressive enough in warning you of danger. If that's the situation, its unfortunate, but doesn't mean the attorney was not properly "well respected" DWI attorney-just a difference in style of one lawyer from another. I would have beat up on you before I let you reject the offer, but ultimately, its your call.

  2. Richard Timothy Jones

    Contributor Level 17


    Lawyers agree

    Answered . Whenever you go to trial there's always a chance that you could get a worse result. You can always hire a new trial for appeal but appeals seldom succeed.
    Austin Jail Release and Bond Assistance
    Austin DWI Law
    Austin Probation Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  3. Macy Michelle Jaggers


    Contributor Level 20


    Lawyers agree

    Answered . I don't see any additional details, so I'm not sure what your question is.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  4. James Alexander Abate


    Contributor Level 17


    Lawyers agree

    Answered . If you decide to go to trial, there is a strong likelyhood that you face the trial tax if you loose. The decision to go to trial was yours, not the attorneys. While you may have not liked the attorney's trial strategy, it is not clear what you are looking to do? Is this about malpractice or inefective assitance of counsel?

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
  5. W. Troy McKinney

    Contributor Level 6


    Lawyers agree

    Answered . If you want to have your trial lawyer's performance evaluated, then you need to hire a lawyer who is qualified to do so -- someone who has experience in post conviction and appellate matters. Expect to spend far more on this venture than you did for the trial. Ten to twenty thousand dollars or more would not be uncommon. You will also have to buy the transcript from the trial -- plan on about $1500 per day of trial. No one here can give you meaningful advice about your situation without reviewing the transcript of the trial and the case as a whole.


    W. Troy McKinney
    Schneider & McKinney, P.C.
    440 Louisiana
    Suite 800
    Houston, Texas 77002
    713-224-6008 (fax)
    Board Certified in Criminal Law - Texas Board of Legal Specialization
    Board Certified in Criminal Appellate Law - Texas Board of Legal Specialization
    Board Certified in DWI Defense, National College for DUI Defense (NCDD)
    NCDD Certification Program Approved by the American Bar Association
    and Accredited by the Texas Board of Legal Specialization.
    Dean -- National College for DUI Defense

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