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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I am charged with dwi in Texas .. this is my third offense

Customer Question

I am charged with dwi in Texas .. this is my third offense and is punishable by max
$10,000 fine and up to 10 years in jail. I don ont yet know my blood alcohol results but I suspect that they are right at the minimum for the charge , about .08...
My three dwi offenses were in 1972 when I was 21 , in 1992 when I was 42 and just this last week at the age of 66. How can I best find the right lawyer. I am not rich and 25 lawyers have mailed advertisements to me already.
Submitted: 4 months ago.
Category: Legal
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your best way to find a lawyer is to go to and in the section for Area of Practice enter "Criminal Defense".

Let me tell you a few things to look for that are easy, then I'll explain something that will require more work.

Go through the list that the website above provides you and visit the website of each attorney. Run a Google search for the lawyer and make sure that they don't have a website that is differene than the one that sends you to because if they do you wil want to look at both websites. Look for lawyers that belong not only to the State Bar but also ones that belong to the Texas Criminal Defense Lawyers Association and the National Association of Criminal Defense Lawyers. These are both voluntary organizations and if the lawyer belongs to them it means he is doing more than the minimum and is staying current on he latest issues.

That was the easy one. This next one is much more complex.

Next, run a Google search on the names along with the word "Trial" and see if you get any newspaper articles about the lawyers going to trial. Don't worry about whether they win or lose, I'll explain why later, you just want to know who goes to trial.

Then, go to the District Clerk's office and the County Clerk's office and have them search fo that lawyer's name in their list and see if they can tell you which cases they had that went to trial. If they can't tell you that, then pull the files the lawyer has been on and that are now closed and see which ones went to trial.

Yes, that's a lot of work.

What you want is a lawyer that is willing to go to trial if necessary. Those are the ones who typically get better deals from the District Attorney because they know that they may have to go to trial if they don't make a good offer. District Attorneys in Texas are elected and they hate to lose trials because their opponents use those against them.

As far as why you shouldn't worry about them winning or losing it s because an attorney may get a case where the defendant was found guilty, but they actually won because the judge or jury gave the defendant less of a sentence than the DA was offering and therefore the defendant was found guilty but the defense attorney actually won because their client got less of a punishment than they were offered.

You also need to talk to the attorney about the possibility of hiring an expert if it is necessary.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

I am just about to go offline for the evening so if you have any follow up questions I will pick up on them and continue in the morning.

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