In Texas, we have some of the strictest DWI laws around, particularly when it comes to penalties for repeat offenders. Any DWI defense lawyer will tell you that if you’re arrested for DWI in East Texas or elsewhere in the state, your actions from that point on can significantly affect the outcome of your case.
What Mistakes Should You Avoid After Being Arrested for DWI in Texas?
Talking Too Much to Law Enforcement
One of the most damaging mistakes in any criminal case is giving unnecessary information to police officers. While you are required to provide your name, license, and insurance information, you are not required to answer any other questions. This includes inquiries like “How much have you had to drink?” or “Where were you coming from?” Any statements that you make during or after an arrest can be used against you in court. It’s best to remain polite but exercise your right to remain silent until you have a lawyer present.
Refusing All Chemical Tests
If you are stopped after having had one or two drinks, it is tempting to refuse to take a breath test, reasoning that this will limit the evidence against you. However, while you may blow clear if you take the test, refusing to do it will not help you avoid consequences. Texas has an implied consent law, which means that by driving on Texas roads, you agree to submit to a breath or blood test if you are lawfully arrested for DWI.
While you do have the right to refuse the test, doing so is treated the same as failing the test. Penalties may include automatic license suspension for up to 180 days for a first offense and up to two years for repeat offenders. If you submit to the test, we may well be able to challenge the accuracy of the test, the lawfulness of the traffic stop, or other aspects of the case against you.
Failing to Request an Administrative License Revocation (ALR) Hearing
If you fail or refuse a chemical test, the Texas Department of Public Safety (DPS) will attempt to suspend your driver’s license. However, you have the right to contest this suspension by requesting an ALR hearing within 15 days of your arrest, giving us a chance to challenge the evidence and potentially save your license.
Not Hiring an East Texas DWI Attorney
Some people mistakenly believe that if they failed a breathalyzer or field sobriety test, they have no chance of beating the charges. However, DWI cases are complex, and many factors can affect the validity of the evidence. An experienced Texas DWI attorney can defend you against even aggressive prosecutors and identify weaknesses in the state’s case that may lead to reduced charges or even dismissal.
