What You Need to Know
Driving While Intoxicated (DWI) is a serious criminal offense that can carry significant legal, financial, and personal consequences. If you’ve been convicted or pled guilty to a DWI charge, you may face more than just sentencing—it’s likely that the court will order a Pre-Sentence Investigation (PSI). This report plays a crucial role in shaping your sentence and can influence everything from fines and jail time to probation and treatment requirements.

What Is a Pre-Sentence Investigation?
A Pre-Sentence Investigation is a comprehensive background report prepared by a probation officer or other designated official after a defendant is found guilty or pleads guilty to a criminal charge. In DWI cases, the PSI helps the judge understand the individual behind the offense and determine a fair, informed sentence.

• What’s Included in a DWI Pre-Sentence Investigation?
  The content of a PSI can vary depending on the jurisdiction, but most will include:
• Criminal History: Any prior arrests, convictions, or pending charges. Prior DWI
  can lead to enhanced penalties.
• Driving Record: A detailed driving history, including previous traffic violations or alcohol-related incidents.
• Substance Abuse History: Information on drug or alcohol dependency, past
  treatment, and current habits.
• Personal Background: Employment history, education, family situation, financial status, and mental health evaluations.
• Victim Impact Statements: If anyone was injured or affected by DWI, their
  statements may be included.
• Defendant’s Statement: A personal statement from the defendant, which can
  reflect remorse, responsibility, or context for the offense.

Why It Matters
Judges often rely heavily on the PSI when determining an appropriate sentence. This report can influence:

Incarceration vs. Probation: A thorough PSI can help argue for alternatives to
jail, like probation or house arrest.

Treatment Requirements: Recommendations for substance abuse counseling
or rehabilitation may be included.

Fines and Community Service: The PSI may suggest the scope of financial
penalties or community obligations.

License Suspension Terms: Depending on the defendant’s history and risk
level, the PSI may impact driving restrictions.

What Defendants Should Know
If you're facing a PSI in a DWI case:
1. Be Honest: Inaccuracies can hurt your credibility and lead to a harsher
sentence.
2. Seek Legal Guidance: Your attorney can help you prepare for the PSI interview
and highlight mitigating factors.
3. Demonstrate Responsibility: Judges look favorably at defendants who show
remorse and take proactive steps, such as enrolling in treatment or attending
support groups.

When does the Law REQUIRE a PSI
The general rule under the Texas Code of Criminal Procedure 42A.252 is that ALL
CASES shall have a Pre-Sentence investigation report before the court imposes a
sentence. However, the law provides for certain exceptions to that general rule.
For misdemeanors, the court does not require a PSI if the defendant requests to waive the PSI (which is common language in a plea agreement) and the judge accepts the waiver. There is also a misdemeanor exception if the judge finds sufficient information in the record to permit “meaningful exercise of sentencing discretion” and explains that finding on the record. In other words, if the record includes mitigating information that allows the judge to consider whether to impose jail or probation.

For felony cases, there are other exceptions. First, there is no requirement for a Pre-Sentence investigation report if a jury assesses punishment. Second, a PSI would not apply to a conviction or plea in a capital murder case. Third, and very important to some Felony DWI cases, is that the law does not require a PSI if the ONLY available punishment is imprisonment. In other words, if probation is not an option, then there is no need for a PSI as the primary reason for the report is for the State and Judge to consider probation. Finally, and likely the most applicable to a broad range of felonies, is that there is no PSI requirement if there is a plea agreement where the Defendant agrees to a sentence of imprisonment.

Final Thoughts
A Pre-Sentence Investigation isn't just a formality, it can significantly impact the outcome of your case. If you or a loved one is going through a DWI proceeding, it’s essential to understand the role of the PSI and to work closely with a legal professional to ensure your story is fully and fairly represented.

Under the law, a person commits resisting arrest if they intentionally prevent or obstruct a peace officer, or a person acting in a peace officer’s presence and at his/her direction, from carrying out an arrest, search, or transportation by using force. This can include using physical resistance, pushing or pulling away from an officer, and/or otherwise striking or fighting them.

Although some people may believe that resisting arrest includes both physical and verbal resistance, under Texas Penal Code § 38.03, that’s not entirely true. In Texas, resisting arrest requires the use of force against an officer attempting to make an arrest, conduct a search, or transport a suspect. This means that simply arguing, protesting, or verbally objecting does not meet the legal definition of resisting arrest.

Even if the arrest is unlawful, Texas law does not allow someone to resist. The proper course of action is to comply with and challenge the arrest later in court. So, while verbal resistance alone does not qualify as resisting arrest, other charges such as failure to identify (if refusing to provide ID when required) or disorderly conduct (for excessive yelling or threats) can

Understanding your rights is crucial. If you believe an arrest is unlawful, remain calm, comply, and seek legal representation.

Deferred probation is a disposition in which a Defendant is placed on probation, and upon successful completion, the case will not result in a final conviction. A prosecutor may offer deferred probation on a DWI if certain statutory requirements are met (i.e. no prior DWI’s and a BAC level under .15). Certain aggravating factors such as an accident may weigh against the prosecutor making such an offer. In some cases, an attorney may be able to negotiate deferred probation even if the statutory requirements are not initially met.

There are several benefits of deferred probation. First, the case does not result in a final conviction. Therefore, no final conviction is posted on your permanent record or driving record. This avoids any insurance implications, there is no drivers license suspension, and there is no
imposition of the DPS “super fine” which can range up to $6,000. Also, upon successful completion of deferred probation, a Defendant may be eligible to have the DWI arrest non-disclosed if certain statutory requirements are met. A non-disclosure will bar public viewership of the DWI arrest.

There are some disadvantages of deferred probation. First, in almost all cases, the Defendant will be required to have a Deep Lung Device (DLD) installed in his or her vehicle. Secondly, if a Defendant gets arrested for a second DWI, the first DWI (even if deferred probation is successfully completed) can still be used to enhance the second offense to a DWI 2nd , a Class A misdemeanor. Always inquire with your attorney as to the possibility of obtaining deferred probation on your DWI case.

One of the suspicious DWI circumstances I see are occasions when cops are called out by bars to follow cars. They may or may not have committed traffic infractions, despite what a police report may say, but are called out to do a bar’s bidding.
For example, my office had a client dancing on the dance floor with an empty bottle of beer. Someone who was intruding in his business told him to throw it away (which he promptly did after the song ended). Turns out that same person was the manager, and four bouncers approached him. He left the bar and, next thing you know, the police pulled him over. Did he commit a traffic offense? If so, the cop’s dash camera certainly didn’t show it. He also, despite what the cop’s report said, had his headlights on.

This circumstance, in my professional opinion, is illegal. If he testifies as to the facts, he is entitled to a Texas Code of Criminal Procedure 38.23 jury instruction. This instruction allows a jury to throw out the DWI by a verdict of “Not Guilty” because they believe the stop was illegal. Benjamin Franklin said, “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty or safety.” A democracy cannot function if the law does not protect citizens against illegal search and seizure.