The judge is the referee in a DWI case.
With an Austin DWI Defense Lawyer by your side, you maximize the chance of getting the best outcome for your case, from a favorable deal to a dismissal.
Role #1: The judge will determine whether or not you have to install an Ignition Interlock in your car while you fight your case.
The judge sets the terms of your release from jail. The judge may modify your bond conditions at any time. The most common bond condition is adding an ignition interlock device in your car. This is the device that you have to blow into to start your car and every 15 minutes during driving. This is discretionary for 1st DWI’s, but judges in Travis County almost always agree to put it on as a condition of the bond if the prosecutor asks for it. In my opinion, the ignition interlock is the worst form of punishment for a DWI. And you might be required to do so while you are still fighting your case. Ridiculous but true.
Role #2: The judge will determine what evidence can be admitted in your case.
The first set of issues can be brought in a Suppression Hearing. Was the DWI traffic stop legal? Was the DWI search warrant legal? Can breath or blood evidence be admitted? These are important questions that the judge can help out a lot in your case. For example, if you had a blood test, the best case scenario in your DWI is if the blood test gets excluded. If this happens, the State will have no breath and no blood evidence against you. These arguments are extremely technical and can only be argued successfully by an Austin DWI Defense Lawyer.
Later at a Trial, the judge will determine when the prosecutor overstepped their boundaries. The judge can rule for a mistrial in favor of you. An Austin DWI Defense Lawyer can help you raise this issue.
Role #3: The judge will try to persuade you NOT to take your case to trial.
The judge has to keep their court running efficiently. And the only feasible way to do that is if most people take plea deals. So the judge will try to scare you into taking a plea deal. The judge will tell you what the maximum punishment is for a DWI. For a Class B DWI, it is 180 days maximum in jail. For a Class A DWI, it is 1 year in jail.
The reality is: most jurors in Austin aren’t going to convict you for a DWI. And even if they do, they can give you the night you already spent in jail as the only form of punishment or you can ask the judge to give you probation, which they always do in my experience.
The State is offering you probation. And if the jury convicts you, they will also give you probation. And the only way you will have a chance of getting no punishment is with a trial. Hire an Austin DWI Defense Lawyer to start fighting your case today and to request your license hearing by the 15-day deadline.