Law Office of Avery McDaniel

The experienced attorneys at the Law Office of Avery McDaniel provide an aggressive defense for those charged with driving while intoxicated (DWI). Avery McDaniel and Nick Davis developed an effective and result-oriented strategy in defending DWI cases. Our philosophy is simple: “if the State says our client is intoxicated, the State should be ready to prove it beyond a reasonable doubt with competent and credible evidence.”

We believe a good defense is accomplished by going on the offensive. We evaluate every case, including, whether the police officer had reasonable suspicion for the stop, whether probable cause existed for the arrest and whether the evidence is likely to show our client was intoxicated.

It is not against the law to have alcohol in your system and drive. However, in the state of Texas, it is illegal to drive while under the influence of drugs and/or alcohol. Texas law makes it clear that it is unlawful for a person to:

• Drive while intoxicated by drugs and/or alcohol so that he/she does not have normal use of his/her normal mental and/or physical faculties; or
• Drive with a blood alcohol concentration of 0.08% or higher.

If law enforcement has reasonable suspicion that a person is driving while intoxicated, they may make a traffic stop. During the traffic stop, Texas law enforcement will examine the driver for signs of intoxication. If law enforcement has reason to suspect that the driver is intoxicated, they may ask the driver to consent to a breath alcohol test, blood draw and/or field sobriety tests. If the driver has a blood alcohol level of 0.08% or higher, or if the person fails his/her field sobriety tests, law enforcement may make a DWI arrest.

We do not recommend providing any evidence that would help the police officer make a case against you. This includes not making statements to the police officer, waiving your rights and answering questions, submitting to a field sobriety test, taking a breath test or consenting to a blood draw. However, you should always remain courteous and respectful to law enforcement.

Once a driver has been arrested for DWI, he/she will be asked to submit to another blood alcohol test after he/she has been brought to the police station. If the person’s blood alcohol level is 0.08% or greater, or if the person refuses to submit to the blood alcohol test, he/she will be served with a Notice of Suspension and provided with a temporary driver’s permit. From the time of the driver’s arrest, he/she only has 15 days to schedule an ALR hearing to contest the suspension of his/her driver’s license. If the driver does not schedule his/her hearing, his/her driver’s license will be suspended for a set period 40 days from the day the Notice of Suspense was served.

Any person who is convicted of DWI may be sentenced with jail time, fines, community service, probation, and rehabilitation. Additionally, the person may lose his/her right to drive in the State of Texas.

While our attorneys work tirelessly to represent our client to obtain a plea to a lesser included offense, we understand that circumstances arise where our client will decide to proceed to trial. We evaluate every case separately; however, we have found that the typical plea offer on a first time DWI offense includes a conviction (a plea of “guilty”) where our client could receive a probated sentence for two (2) years (probation) or labor detail (similar to community service). We often recommend a trial because a conviction at trial is often times substantially similar to a plea offer from the State. Of course, with a trial, you have a chance for a “not guilty” verdict. If our client decides to proceed to trial, we will aggressively represent him or her at trial. Unless the state offers a lesser offense such as obstructing traffic, we rarely advise our clients to accept the state’s plea bargain in DWI cases.

People who have been charged with DWI in Tarrant County or surrounding counties need to obtain the services of a qualified criminal defense attorney who has successfully handled prior DWI cases. The attorneys at the Law Office of Avery McDaniel are aggressive criminal attorneys who place every effort into their clients’ defense. When you hire the Law Office of Avery McDaniel, you can be assured that you will be given thoughtful consideration, effective legal representation, and one-on-one counsel from an experienced, reputable lawyer. We offer various service packages and flexible fee arrangements to meet the individual needs of our clients.