Firm Accolades
Stay Calm and Exercise Your Rights
The moments following a DWI arrest can feel like a blur, but staying calm and focused is crucial. The actions you take right after your arrest can have a significant impact on your case. You have the right to remain silent, and it is important to use it. Anything you say to law enforcement could be used against you later. Avoid answering questions about how much you had to drink or where you were going. Simply inform the officer that you wish to speak to an attorney before answering any further questions. You should also be aware of your right to refuse certain tests. While Texas has implied consent laws, meaning you agreed to chemical testing when you obtained your driver’s license, you can still refuse a breath or blood test. However, refusal can lead to administrative penalties, such as a license suspension. It is essential to weigh these consequences carefully.Request a Hearing to Protect Your Driver’s License
One of the immediate concerns following a DWI arrest is the potential loss of your driver’s license. If you refused a breath or blood test or if you failed one, your license could be suspended. In Texas, you have only 15 days from the date of your arrest to request an Administrative License Revocation hearing. This hearing is separate from the criminal case and gives you the opportunity to challenge the suspension of your license. Missing this deadline could result in an automatic suspension, so acting quickly is essential. This hearing is not something you should face alone. It can be a complex process that requires a deep understanding of the law and the ability to present a strong defense. Having legal representation at this stage can make a significant difference.Managing Partner
Partner & Criminal Division Chief
Criminal Trial Division
Criminal Trial Division
Of Counsel
Document Everything You Remember
As soon as possible after your arrest, take the time to write down everything you can remember about the events leading up to, during, and after your arrest. Include details such as where you were, what you had to drink, how much time passed between your last drink and when you were stopped, and what the officer said and did during the arrest. Small details that may seem unimportant to you could play a critical role in building your defense. Try to recall if the officer followed proper procedures, such as explaining your rights or conducting the field sobriety tests correctly. Mistakes made by law enforcement can sometimes result in evidence being thrown out, which could strengthen your case.Understand the Charges Against You
It is important to have a clear understanding of what a DWI charge means in Texas. DWI stands for Driving While Intoxicated, and it is a serious offense that can carry harsh penalties, including fines, jail time, license suspension, and a permanent criminal record. The consequences depend on several factors, such as your blood alcohol concentration, whether there were minors in the car, and whether it is your first offense. Being informed about the potential consequences can help you prepare for the road ahead and ensure that you make the best decisions for your situation.Seek Legal Representation Immediately
The sooner you contact an attorney, the better. A skilled DWI lawyer can start working on your case immediately, gathering evidence, reviewing police reports, and identifying any weaknesses in the prosecution’s case. Time is critical, as evidence such as video footage or witness testimony can become harder to obtain as days go by. An attorney can also guide you through the complex legal system and help you understand your rights and options. They can negotiate on your behalf, challenge evidence, and represent you in court if necessary. Having an attorney by your side can ease some of the stress and give you confidence that you are taking the right steps to protect yourself.Prepare for Your Court Date
After your arrest, you will receive a notice with the date of your court appearance. This is a critical step in the legal process, and it is important to attend. Missing your court date can result in additional charges and a warrant for your arrest. Your attorney will help you prepare for this appearance by explaining what to expect, advising you on how to dress and behave in court, and helping you understand the charges against you. They will also start building your defense, whether that involves negotiating a plea deal, fighting for reduced charges, or preparing for trial.Related Videos
Biggest Mistakes of a DWI Charge
Choosing a Personal Injury Attorney