DWI is an opinion crime


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The presence of minors in your vehicle during the alleged commission of a DWI offense elevates the charge to a State Jail Felony, punishable as a felony, with a range of 180 days to two years in the state jail.

Initially, it is the opinion of the officer, but ultimately, it is the opinion of the jury. To assume that the breathalyzer machine is accurate and infallible is to surrender to the government and subject yourself to needless sanctions that could be avoidable with hard work, preparation and a good attorney.

Mr. Makin is a member of the National College of Driving Under Influence Defense, a 2005 graduate from Harvard University. This organization is dedicated to educating attorneys so that they may better represent citizens accused of DWI. The seminars, materials and networking are invaluable tools in representing my clients. This knowledge has been a major factor in numerous not guilty verdicts.

Process for handling your DWI/DUI

A DWI/DUI must be handled by an attorney on two fronts;

  • State-Criminal Court Action
  • Department of Public Safety – Driver’s License
  1. First Court Appearance / Arraignment
  2. Arraignment
    Clients must appear at the arraignment hearing & announcement hearing.
  3. Announcement
    The client must appear. At the announcement hearing it is decided whether your case will be handled with a plea bargain or a trial.

License to Drive

At the time of your arrest, you have received a temporary license to drive (DIC-24). You may consider getting a photo ID at any DPS office. Your license is still valid for 40 days from the date of your arrest.

Administrative License Review

An ALR hearing must be requested within 15 calendar days from the arrest. If no hearing is requested, your license is automatically suspended 40 days from the arrest date. If a hearing is requested, the 40 days no longer applies and you may continue driving with the temporary license, upon the decision of the ALR. If you are not able to hire an attorney within that 15 days, you may request the hearing yourself. Upon the decision of the ALR hearing your DL may be suspended. Depending on the several factors, you may qualify for an Occupational DL to drive, which has some restrictions. If you are unable to hire an attorney before the 15 day deadline, you may request an ALR hearing by downloading the request form.

The ALR hearing process allows an attorney to request copies of various records and reports to be used against you at the hearing and to subpoena the arresting officer to appear and testify at the hearing. Once you have hired an attorney, he will handle that hearing and you do not have to attend.

In the majority of the time, the officer will appear and your license may be suspended.

After the decision of the ALR hearing is received, should your license be suspended, you may qualify for an Occupational Drivers License. This will require the purchase of a special insurance policy called an SR-22.

If you have a CDL (commercial drivers license) a DWI affects your license differently. If you have a CDL you are not eligible for an CDL-Occupational Drivers License.


Client had wreck; DPS administered Field Sobriety test;

Client failed and was arrested.
Jury Verdict – NOT GUILTY

Late night stop after following good distance;

field sobriety test administered in bar parking lot; client arrested; testimony showed client incapable of doing field sobriety test.

Jury Verdict – NOT GUILTY

Typical DWI;

bad driving, smell of alcohol, slurred speech, unsteady; failed field sobriety test; client arrested; client testimony very believable.

Jury Verdict – NOT GUILTY

Client drove/slid into ditch in front of his home;

DPS administered field sobriety test 1 hour after accident; client failed field sobriety test; okay on video; blood sample taken 2 hours after accident showed intoxication. Questioned if the client was intoxicated at time of driving. Marijuana and pills found on client when arrested; testimony addressed all issues.

Jury Verdict – NOT GUILTY


There was no video taken of the traffic stop and the client consented to the breath test and blew a .277 and .276. Client faced loss of a 24-year career as well as six months in jail. At trial, jurors felt that the intoxilyzer results were questionable, due to the assumptions the machine makes in its calculations. Client was found NOT GUILTY.


Client consented to the breath test and blew a .14 and .15. Client faced prohibitive increases in his companys insurance premiums besides the criminal penalties. The case was tried before a jury, who heard expert testimony regarding the inaccuracies of the machine. Client was found NOT GUILTY.