STATE v. H.W.
Charge: OUI Refusal
Summary: Client, who was from Texas, was in town for a business meeting. Client had a few too many drinks at the local bar and attempted to drive back to his / her hotel. Client was heavily intoxicated and it was obvious upon review of the cruiser video. Client was arrested for drunk driving, admitted to being too drunk to drive and ultimately, refused to take a breath test.
Mandatory Minimum Penalty: 4 days jail; $600.00 fine; 14 month loss of license
Maximum Penalty: 364 days jail; $2,000.00 fine; 16 month loss of license
Result: Client would lose his / her job if convicted of the OUI. This case was a "loser" right out of the gate and there was zero chance of winning this case on the merits. So instead, I successfully negotiated a DTE out of this case. I provided the DA with a letter from my client's employer who specifically stated that the client would be terminated if convicted of the OUI as his / her license was a necessary part of performing his / her job. Client agreed to enroll in the Alternative Sentencing Program in lieu of jail and received a $1,000.00 fine and a 30 day loss of license, which had no effect on him / her because TX doesn't have a DTE statute. Client was elated!