DWI and DUI

Do not wait until your case gets filed with the District Attorney's Office to contact Clayton Smith.

There are many ways to fight a DWI. From ALR hearings, to a motion to suppress the stop, a motion to suppress the breath or blood tests, to examining trial if a felony, to a trial before the court, and finally, to a jury trial.

•ALR Hearing is the first step to defending a DWI (Driving While Intoxicated). You only have 15 days from the date you were arrested to request this hearing to prevent a license suspension.

Clayton was a prosecutor the misdemeanor section of the Dallas County District Attorney's office for nearly 2 years. He was a Chief in several Dallas County misdemeanor "DWI courts." He also was a prosecutor for almost a year in Hunt County handling mostly misdemeanors. He was the lead attorney in many DWI trials. He also picked many DWI juries. He knows how DWI cases work. Clayton knows if the State has strong evidence or not. He knows how to fight DWI cases.

Almost every type of case in the State of Texas a person can get deferred adjudication probation, meaning you will not get the conviction unless you mess up your probation. NOT DWI. The only probation is straight probation. Meaning a person is convicted up front, then has probation afterwards.

Clayton knows the "Standardized Field Sobriety" tests and how they are supposed to be administered by police officers. Clayton knows the proper procedures for breath and blood tests.

Clayton can help you obtain an Occupational Driver's License.

Hire someone with the knowledge and experience of DWI cases that can only be gained fighting these cases out in the courtroom. Hire Clayton Smith. Call 214-908-8745. Come by the office or meet at court for a free consultation.

DWI Penalties

DWI 1st - Class B Misdemeanor - up to 180 days in the county jail and up to a $2000 fine. New law makes DWI a Class A Misdemeanor if there is a blood or breath test over a .15.

DWI 2nd- Class A Misdemeanor - up to 1 year in the county jail and up to a $4000 fine.

DWI 3rd- Third Degree Felony - 2 to 10 years in the Texas Department of Corrections and up to a $10,000 fine.

DWI with Child Passenger under 15 years old - State Jail Felony - 180 days to 2 years in the State Jail and up to a $10,000 fine.

Minor DUI (person under 21 years old)- Class C Misdemeanor- can get arrested at time of offense but punishment is typically fines. With any detectable amount of alcohol, police can still file an adult DWI depending on the circumstances. Deferred Adjudication probation is an option in only Minor DUIs, not DWIs.

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