A DUI/DWI trial is your Constitutional Right under Texas Law. Don’t give it up with a plea.
The State’s lawyers believe they are ‘protecting the people’ and think they are always right. In fact, I have had more than one prosecutor tell me such! They seem to forget that the person accused of DUI/DWI is also a person who they should protect…from unjust accusations!
I was talking with an officer one day during a break at trial and he said, “If I smell alcohol on their breath, they’re going to jail. I’m gettin’ ’em off the street.”
That is the reason and purpose of the Jury and trial.
A prosecutor wants to succeed with his job, just like everyone else, and that success is convictions. The closer to trial, the more favorable the plea ‘bargains’ get. Many times just before trial a prosecutor will call me and say, “John, just get your client to plead, and I’ll drop the DWI to reckless driving”, and when my client refuses, they usually just dismiss the case. They don’t want to lose to a jury!