I have been asked the question whether or not criminal DWI defense is worth it. This concept brings up an interesting point. DWI is a common criminal offense for which people from all walks of life may suffer from in a point in their life. These offenders may not fit the typical profile of what is considered a hardened criminal. These people may be civil servants, athletes, or doctors. A big difference in criminal behavior is whether or not there is intent behind the action. By definition, intent means that the action was thought about before hand and not a random action. Many people feel that they are not criminals, and therefore do not need a sustained criminal defense.
In the case of an assault, intent means that the person was serious in attempting to inflict harm upon another human being. So how does that parlay into a DWI arrest? In reality, drivers may know they have impairment due to alcohol when they get behind the wheel of the car. Other drivers may not notice any impairment before operating a vehicle. Taking the case where impairment is noted before driving, is that intent? Another argument begs that perhaps there is no clear intent since judgment is clouded due to alcohol in the system.
I consulted with a Houston criminal attorney regarding his experiences with clients in this matter. Many clients felt that they had not committed a criminal act and had simply made a mistake. The mistake was something for which they acknowledged, but did not think of it as a crime. The general consensus was that there was no intent behind their actions. Further, many clients sought legal counsel due to the ramifications of a guilty verdict on their record. Employment could be in jeopardy as well as driving privileges depending on the laws of the state. When looking at the question of intent and whether or not DWI was a criminal act there was not clear cut answer. It does appear that the consequences force many people to see legal representation due to the potential negative impact a verdict could have on their personal lives.
Jack Carey is a consultant for Grant Scheiner, a Houston DWI lawyer. Grant focuses his legal practice on defending clients accused of criminal charges. Grant also stays busy as the primary writer for the Houston Criminal Attorney Blog discussing legal issues in criminal law.
