Kaufman County DWI Attorney

Are You Looking for the Best Kaufman County DWI Attorney?

If you’re looking for the best Kaufman County DWI attorney, then Paul Saputo and Nick Toufexis want to represent you. The Saputo Toufexis partnership brings the significant experience of our award-winning attorneys, and we strive to maintain our history of success for our Navarro County DWI defense clients.

Our boutique criminal defense practice at Saputo Toufexis | Criminal Defense is distinguished by our unwavering commitment to delivering consistently high-level legal representation. We believe in providing extraordinary service to our clients, and we seek to represent clients who expect as much.

We’re not just Kaufman County DWI lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. Our team has a proven track record of successfully challenging DWI cases. Entrust us with your Kaufman County DWI case, and we’ll meticulously manage every related matter, from safeguarding your driving privileges to devising a robust trial strategy, and anything else that you may require.

If the police arrested you for DWI in Kaufman County, you might be wondering how you can possibly win. If you took a breath test or blood test, and the sample tested for over the legal limit, you might think there’s nothing you can do to fight these charges. But you would be wrong.

Whether you failed a breath test, blood test, the roadside field sobriety tests, or all three, a seasoned Kaufman County DWI attorney can still utilize many defense strategies to win your case. An experienced DWI attorney on your side will make all the difference.

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Contact a Kaufman County
DWI Lawyer

When you are ready to fight your Kaufman County DWI case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Kaufman County DWI Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get a DWI charge dropped in Kaufman County, Texas?

In order to get a DWI charge dropped in Kaufman County, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §49.04.^[1] Our lawyers are experts in the Texas law regarding DWI, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the DWI statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the DWI statute in detail on the DWI offense page. We also maintain our expertise by keeping up with the latest case law affecting DWI cases in Kaufman County.

One such case is The State of Texas v. Aaron Mikyle Dorough.

The State of Texas v. Aaron Mikyle Dorough

In one Kaufman County DWI case, the Fifth District Court of Appeals reviewed the records from the County Court at Law No. 2 Kaufman County. Subsequently, the appellate court filed an opinion on August 29, 2023, in the case styled The State of Texas v. Aaron Mikyle Dorough in Cause No. 05-22-00606-CR.

The appellate court reported the background of the case as follows:

In late 2019, a grand jury indicted Mr. Dorough for driving while intoxicated, including specific allegations that he was convicted of two other offenses “relating to operating a motor vehicle while intoxicated,” prior to the commission of the charged offense. These jurisdictional enhancements had to be proven beyond a reasonable doubt during the guilt phase of trial.

In early 2020, the State filed an amended indictment from the grand jury, including allegations of two additional felony convictions, one felony driving while intoxicated offense and one felony offense of “Obstruction or Retaliation.” These are punishment enhancements, meaning the original third-degree felony driving while intoxicated would be punished as a firstdegree felony with a mandatory minimum twenty-five year punishment.

You can learn more about this case and read the court’s opinion by Justice Molberg here.

The State of Texas v. Gloria Elena Melton

In another appellate opinion, the Fifth District court of appeals reviewed a case arising from County Court at Law No. 2 Kaufman County. The appellate court filed an opinion on May 11, 2021, styled The State of Texas v. Gloria Elena Melton, in Cause No. 05-20-00543-CR.

The court reported the background of the case as follows:

On December 6, 2017, shortly after 7:00 p.m., the 911 dispatchers for Kaufman County received calls about a car on eastbound Interstate 20 swerving into other lanes and driving only 10 to 45 miles per hour in an area with a 75 mile-perhour speed limit. One of the callers stated that whoever was driving the vehicle was going to cause an accident on the interstate and that “someone’s gonna die.” Another caller said the vehicle “just like almost slammed right into me.”

The court concluded that the evidence in this case confirmed the testimony. Appellant was driving erratically, crossing lanes and moving from the left shoulder to the right shoulder and back again.

Although no collisions occurred, other vehicles on the road had to take evasive maneuvers to avoid hitting appellant. Rose testified appellant came to a complete stop on the interstate at least twice and that he had to slam on his brakes to avoid a collision. Rose stated in his call to the 911 dispatcher that appellant was “all over the road” and almost hit an 18-wheeler. Another caller to 911 said, “He’s going to cause a wreck. . . . Someone’s gonna die.” A third caller said appellant “almostslammed right into me.” Rose testified he was afraid someone was going to get hurt or killed.

The law-enforcement witnesses testified appellant’s driving, as described by Rose and the other 911 callers, was capable of causing death or serious bodily injury. From the video exhibits, the trial court could see the amount of traffic on the roadway and determine whether appellant’s driving as described by the witnesses was capable of causing death or serious bodily injury.

Accordingly, the court concluded that the evidence supports the trial court’s finding that appellant’s automobile was a deadly weapon. You can learn more about this case and read the court’s opinion by Justice Myers here.

Every Kaufman County DWI attorney should be familiar with this case and other appellate opinions coming out of Kaufman County that review DWI cases.

What does a DWI charge really mean?

The general definition of the Texas charge of DWI, according to the Texas Penal Code, is as follows:

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

What should I do after I’m arrested for a DWI?

After a DWI arrest, you must act swiftly because you often only have 15 days from the date of your arrest to request an administrative hearing concerning your driver’s license. Failing to request an administrative hearing within the timeframe will result in an automatic driver’s license suspension.

Learn more about what happens to your drivers license after a DWI arrest – and four things you MUST do after a DWI arrest – in our DWI Resources Guide.

Law Enforcement Agencies in Kaufman County that Make DWI Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of DWI in Kaufman County. Law enforcement agencies in Kaufman County that most typically make DWI arrests include:

• The Kaufman County Sheriff’s Office
• Forney Police Department. Forney PD has jurisdiction within its city limits and makes DWI arrests.
• The Terrell Police Department. Terrell, another city within Kaufman County, also has jurisdiction within its city limits for DWI cases.
• Crandall Police Department, a smaller city in Kaufman County, enforces DWI laws within its city limits.

How do Kaufman County DWI defense lawyers beat a DWI case?

To beat a DWI charge in Kaufman County, Texas, you must challenge the forensic science and confront the police and experts on cross-examination. This means disputing reasonable suspicion, probable cause, blood test scores, and breath test scores. You can’t win if you don’t fight.

Even if you believe you cannot beat the case, as your Kaufman County DWI attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Kaufman County DWI Attorney Case Defense Strategy

Our DWI defense strategy begins with a deep understanding of the methods that law enforcement use to investigate DWI offenses. Understanding the clues that police cite in explaining how they initiate stops helps us dispute their case screening methods and legal reasons for the stop. Understanding how police conduct DWI investigations, from their questioning methods to their administration of the field sobriety tests, helps us contest their field evidence and arrest decisions.

One of the most frequently asked questions from clients regarding law enforcement evidence-gathering is whether we can beat blood tests or beat breath tests with high BAC results. The fact is that we regularly beat cases with breath and blood test scores. If the state always won those cases, we would not have a job!

There are many factors that can affect the validity of breath tests and blood tests, so the tests are not always valid. In addition, the test results may not be meaningful if the police don’t have the right testimonial evidence. By examining every aspect of the testing protocols, an experienced Kaufman County DWI can determine how to demonstrate problems with the tests.

However, not all DWI cases come down to challenging blood tests and breath tests. Sometimes cases come down to whether the police violated your constitutional rights, while others come down to whether the police accurately scored the field sobriety tests. Each DWI case is unique, but the key is to examine every single piece of evidence and challenge every assumption in the investigation.

How much does it cost to fight a Kaufman County, Texas, DWI case?

Attorney’s fees for DWI cases inevitably vary. However, you can expect to pay from $2,500 to $5,000 on average for DWI 1st cases in Kaufman County, and more for felony-level offenses. Be wary of Kaufman County DWI lawyers who charge surprisingly low fees.

For some situations, some lawyers may charge hourly fees. In addition, many lawyers charge extra fees for trial, ALR hearings, and occupational licenses. If you hire an attorney from outside Kaufman County, sometimes travel fees may apply.

What to Do if Falsely Accused of DWI in Kaufman County

Even if someone has falsely accused you of DWI, you should nevertheless still always take this charge very seriously. You may think that the state may “drop charges” against you because you are innocent. But absent effective advocacy by a lawyer, the state will often take the case to trial and let the jury decide.

If the state has charged you with DWI, or if you are under investigation for the offense, then you should book an appointment or call us as soon as possible to speak with one of our Kaufman County DWI attorneys.

Bond Conditions in Kaufman County DWI Cases

If the police in Kaufman County have arrested you for DWI, then judges are generally allowed to impose any reasonable condition of bond related to the safety of the community to secure your attendance at trial.

Practically speaking, this means that Texas judges typically impose a “no alcohol” bond condition and may require an ignition interlock device on your vehicle. Sometimes, especially for DWI 2nd and felony DWI cases, judges will require additional restrictions, such as a Soberlink device or ankle monitor. If you want to remove an ignition interlock device or another alcohol-monitoring devices condition, then please book a consultation with us, and we will discuss what our Kaufman County DWI attorneys can do for you.

What happens at a Kaufman County arraignment?

At your arraignment, a Kaufman County judge will hear your plea of not guilty. In Kaufman County, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for DWI, then Texas Code of Criminal Procedure §17.40 requires Kaufman County judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Kaufman County Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for Kaufman County DWI charge in Kaufman County?

The Penal code defines the range of punishment for all Texas DWI offenses in the state. The Penal Code classifies DWI as a Class B misdemeanor, unless the state alleges that your BAC met or exceeded 0.15, in which case the code classifies the offense as a Class A misdemeanor. Additionally, the state may seek a repeat DWI enhancement to a Class A misdemeanor for DWI 2nd convictions, and to the felony level for third or subsequent DWI convictions.

However, the punishment you will ultimately receive depends on a number of circumstances, including your prior criminal history, what you do while you’re on bond, and the circumstances of the offense. With this in mind, you can learn about the penalties that apply to all Texas convictions for DWI here. Otherwise, to learn more about what kind of punishment is typical in Kaufman County DWI cases and what you might be able to do to reduce any eventual sentence, call us to schedule a consultation or book online.

Furthermore, all good Kaufman County DWI attorneys will also advise you on the collateral consequences of a DWI conviction. Collateral consequences are penalties derived from convictions that are not necessarily part of the penal code punishment. For DWI offeneses, collateral consequences can include things like driver’s license suspensions and reinstatement fees, insurance premium increases, immigration consequences, and professional licensing consequences.

Do you lose your license for your first DWI case in Texas?

Your license can be suspended after your first DWI arrest in Texas, but you don’t have to lose your license if you challenge the seizure. Your DWI Defense Attorney should request an ALR hearing after your arrest. Through this process you can delay your license suspension or beat it altogether.

What happens if you fail a breathalyzer in Texas?

If you fail a breathalyzer test in Texas, the police will seize your license. However, failing a breathalyzer does not mean you will lose your DWI case. In fact, you can even fight your drivers license seizure and possibly prevent your license suspension.

How do I hide my first DWI case in Texas?

In order to hide your first DWI case in Texas, you will need to obtain a nondisclosure or an expunction. A nondisclosure hides your records by sealing them from public view, while an expunction destroys the records. You are only eligible for an expunction if you were acquitted or if your case resulted in a “straight dismissal.” It is a little bit easier to get a nondislcosure.

Why Should I Hire a DWI Lawyer?

If law enforcement has already arrested you for a DWI in Texas, you should know that you face a hostile criminal justice system that is eager to put you away for a long time. You deserve quality representation from an experienced DWI lawyer. Without proper representation, it is more likely that the court will find you guilty. DWI convictions in Texas can have disastrous consequences, even after you serve your sentence.

Employers who conduct background checks will see your DWI conviction. This can hurt your chances of even being called in for an interview when you need a job. a DWI conviction can negatively affect other areas of your life. Any time someone wants to run your background check they will see the conviction and often judge you negatively. DWI convictions will also impact your driving privileges. If your license is suspended, you may need to rely on public transportation or the kindness of relatives to get around.

If the police recently arrested you for a Kaufman County DWI or other Kaufman County intoxication offense, you MUST know the information in our DWI Defense Guide

Types of DWI Charges in Texas

When most people think about a DWI, they usually envision cases of driving while intoxicated. While this is one type of DWI charge, various other DWI charges can lead to an arrest. Outlined in Chapter 49 of the Texas Penal Code, DWI charges in Texas include:

• PC 49.04 – Driving (Operating a Motor Vehicle) While Intoxicated (“DWI”)
• PC 49.04 – DWI (2nd offense)
• PC 49.04 – DWI (3rd offense) felony
• PC 49.045 – Driving While Intoxicated With Child Passenger
• PC 49.05 – Flying While Intoxicated
• PC 49.06 – Boating While Intoxicated
• PC 49.061 – Boating While Intoxicated with Child Passenger
• PC 49.065 – Assembling or Operating an Amusement Park Ride While Intoxicated
• PC 49.07 – Intoxication Assault
• PC 49.08 – Intoxication Manslaughter
• ABC 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by a Minor (“DUI“)

At Saputo Toufexis | Criminal Defense, our Kaufman County DWI attorneys have successfully defended clients charged with these offenses and can use our experience to your advantage in putting you in the very best position to win your DWI case.

Felony DWI Charges Deserve Top-Tier Representation

The state can sometimes charge a DWI or intoxication offense as a felony Four scenarios can result in a felony DWI or intoxication charge:

• After two DWI convictions, the state convicts you of a third or subsequent DWI.
• You caused a non-fatal injury in an accident while operating a motor vehicle while intoxicated. If any party was seriously injured or permanently disfigured, the state will charge this as Intoxication Assault, a third-degree felony in Texas.
• You caused a death in an accident caused by your drunk driving. The state will charge this offense as Intoxication Manslaughter, a second-degree felony in Texas.
• You had a child in your car or boat while driving under the influence. If the child was younger than 15, the state will charge this as a Driving While Intoxicated With Child Passenger or Boating While Intoxicated with Child Passenger, both state jail felonies.

If you need a Kaufman County DWI attorney for felony prosecutions, please contact us today.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Kaufman County DWI lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Kaufman County DWI attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

A HUGE THANKS to Paul ashley and rose, I ended up with a dwi, possession of controlled substance (my mom’s prescribed pills that she dropped as i was taking her to the emergency room weeks before) also I had my money confiscated on the way to buy my new car.. they told us money laundering. Paul was very helpful with all the information I needed and very understanding about my financial burden he worked with me on payments every step of the way and took me from feeling lost to confident. At the end of the day I would never hire another firm again paul and his partners worked day in and day out to eventually get my charges dropped AND my money back. Are you looking for a lawyer? Look no further paul will fight for you every step of the way and will not rest until you Have had a fair trial

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §49.04.