What To Do After a DWI Arrest

 

A DWI (Driving While Intoxicated) arrest can be super stressful. The consequences can feel daunting. But you’re not alone, and there are clear steps you can take to protect your rights, understand your options, and work toward the best possible outcome. Here’s a comprehensive guide to help you move forward.

Key Terms You Should Know

Before we get into the steps to take, it’s important to understand some key legal terms related to DWI in Texas:

  • Driving While Intoxicated (DWI): Operating a motor vehicle in a public place while intoxicated.
  • Intoxication: Having a blood alcohol concentration of 0.08 or higher, or lacking the normal use of your mental or physical faculties due to alcohol or drug consumption.
  • Implied Consent: By driving in Texas, you automatically consent to breath or blood tests when arrested for DWI. Refusing these tests may result in license suspension.
  • Standardized Field Sobriety Tests (SFSTs): Tests used by law enforcement to assess driver impairment.
    Knowing these terms will help you better understand your situation and communicate with legal professionals.

Step One. Remain Calm and Cooperative During the Arrest

After a DWI arrest, it’s critical to remain calm and avoid escalating the situation.

Be polite and cooperative with law enforcement officers, but remember that you have the right to remain silent.

Limit your responses to basic identification details, and avoid answering questions about where you were coming from, how much you drank, or other incriminating topics.

If asked to take Standardized Field Sobriety Tests, know that you have the right to refuse them, though doing so may not prevent your arrest. These tests are subjective and can often be challenged later in court.

Step Two. Request a Lawyer Immediately

You’re entitled to legal representation. Exercise your right to an attorney as soon as possible. Avoid answering further questions without your lawyer present, as anything you say can be used against you.

An experienced DWI lawyer will help you understand the charges you’re facing and begin building a strong defense. They can determine whether the traffic stop was legal, assess the reliability of the breathalyzer or blood test, and identify any potential procedural errors made during your arrest.

Step Three. Schedule an Administrative License Revocation Hearing

After a DWI arrest in Texas, your driver’s license could be automatically suspended under the state’s Implied Consent laws. You have only 15 days from the date of your arrest to request an Administrative License Revocation Hearing (ALR). Failing to act promptly could result in a license suspension of up to two years.

At the ALR hearing, your lawyer can challenge the evidence against you, such as whether the officer had probable cause for the stop or whether the breath or blood test was handled correctly.

Step Four. Understand the Potential Penalties

Texas law imposes significant penalties for a DWI conviction, even for a first-time offense. Understanding the possible consequences can help you prepare and prioritize your defense:

First Offense:
Jail time of 3 to 180 days
Fines up to $2,000
Driver’s license suspension for up to 1 year
Annual surcharge fee ($1,000-$1,500 for 3 years)

Second Offense:
Jail time of 30 days to 1 year
Fines up to $4,000
Driver’s license suspension for up to 2 years
Ignition interlock device installation

Third Offense (Felony):
Prison time of 2 to 10 years
Fines up to $10,000
Driver’s license suspension for up to 2 years

Additional Penalties (All Offenses):

  • Community service
  • DWI education programs
  • Increased insurance rates
  • A lasting criminal record

Step Five. Build a Strong Defense

Your attorney will evaluate the specifics of your case to craft a well-rounded defense strategy. Some of the most common defenses against DWI charges in Texas include:

  • Illegal Traffic Stop: Arguing that the initial stop lacked reasonable suspicion or probable cause.
  • Faulty Sobriety Tests: Challenging the accuracy or administration of field sobriety, breath, or blood tests.
  • Medical Explanations: Demonstrating medical conditions or other factors that may have mimicked signs of intoxication.
  • Lack of Control: Arguing you were not actually operating or in control of the vehicle at the time.

Remember, every case is unique. A skilled lawyer can identify the best approach for your specific circumstances.

Step Six. Comply with Court and Program Requirements

If convicted, the court may mandate specific programs such as DWI education, substance abuse treatment, or community service. Completing these requirements promptly not only shows good faith but also helps reduce the long-term impact on your life.

Step Seven. Seek Support and Stay Positive

A DWI charge doesn’t define your future. Join support groups or programs designed for individuals who are navigating similar situations. Surround yourself with a positive community that helps you stay focused on the path forward.

Protect Your Future

Facing a DWI arrest can feel like the weight of the world is on your shoulders. But with the right legal guidance, it’s possible to regain control and move forward.

Take the first step toward protecting your rights. Contact expert DWI attorney Jacob Blizzard today.

Remember, time is critical. From requesting an ALR hearing within 15 days to preparing your defense, acting quickly can make all the difference. Reach out now for personalized support and expert advice.

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