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DWI Mistakes

What Are The Top 10 DWI Mistakes to Avoid After Arrest?


People charged with DWI make some very common DWI mistakes. For instance:

  • Assuming you’ll lose the case
  • Not taking the matter seriously:
  • Negotiating a quick plea bargain so you can put the entire situation “behind you.”

These mistakes result in additional cost, time and inconvenience than needed. To avoid these mistakes, call Clyde for a free consultation at 713-628-1503

DWI Mistake 1: Assuming you will lose


Many believe they cannot beat a DWI charge. However, the case against you may not be as solid as you think.

For instance, did you know that many factors can affect the accuracy of both breath and blood tests? Similarly, scientific testing has shown that a false positive can result from:

  • Work conditions, such as volatile-chemical exposure.
  • Extensive dental work.
  • Gastro Esophageal Reflux Disorder (G.E.R.D.).
  • Airbag deployment.
  • Fever.

Breath & blood tests must adhere to strict guidelines. Failure to comply with those guidelines makes the results of a field sobriety test questionable and can result in evidence being thrown out. Lab analysts are people and people make mistakes. Above all, It takes an experienced DWI attorney to spot these issues and use them for your benefit.

DWI Mistake 2: Not fighting license suspension


Without your driver’s license, it can be difficult to drive back and forth from work, school, the grocery store, the doctor’s office, and any other place to your home. Under Texas law, you have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) Hearing to save your driver’s license. Failure to ask for this hearing will result in the automatic suspension of your driver’s license. Not only does an administrative license suspension hearing enable you to protect your driving privileges, but also help you and your attorney discover the evidence law enforcement has against you. Additionally, driving on a suspended license can result in additional penalties on top of ones you face for DWI.

Suspension Provisions for Adult Drivers

Without any prior alcohol or drug-related contacts against the accused driver during the previous 10-year period, the periods of suspension are as follows:

Age of Driver

Refusal Penalty Trans.Code §724.03

Failure Penalty Trans.Code §524.022

21 or older 180 days 90 days
Prior alcohol or drug contact w/in 10 years 2 Years 1 Year

DWI Mistake 3: Not taking the matter very seriously


DWI is serious and the penalties should not be taken lightly.  You will face prosecution. You will face license suspension even if you request an ALR hearing. Further, you face probation, jail, fines, increases in your insurance rates, loss of job and other collateral consequences.

DWI Mistake 4: Not asking the attorney about their DWI experience


Every case is different. Different facts involve different provisions of the law. Friends and family may have had a similar experience, but DWI laws change frequently. Penalties have increased, even for a first offense DWI,  so much so that what is available to you differs entirely from others you may know. DWI cases involve complex laws and highly technical scientific evidence. You should not be afraid to ask how experienced your attorney is with DWI.

DWI Mistake #5: Driving with a suspended license


Driving during any suspension is a crime. As a result, you will face additional prosecution.

DWI Mistake 6: Negotiating a quick plea bargain


Accepting a plea is an admission of guilt and a waiver of your constitutional rights. It could lead to jail time and suspension of your license. You could lose your job, get behind on bills, and face thousands of dollars in state fees just so that you can drive again. It could lead to probation, so you will have to attend DWI education classes, perform community service, report monthly to a probation officer, pay thousands of dollars in fines and court costs and state fees. Probation is a serious disruption of your life. In addition, a probation violation will result in jail time.

Mistake 7: Not arriving to court on time


Harris County judges take their jobs seriously, so they expect you to live up to every term and condition of your bail bond. If you fail to appear in Court on time, your bond can be forfeited, meaning you will lose the entire amount of the bond and will be jailed until a new bond is posted or until the time of your plea or trial.

DWI Mistake 8: Not hiring an attorney


DWI is not a simple criminal case and the DWI legal process is not easy to navigate. You are facing potential jail time and thousands of dollars in fines, court costs and surcharges. Without a knowledgeable, experienced DWI attorney on your side, your ultimate fate is predictable. You will lose! An expert DWI lawyer can offer you the most choices for the best disposition of your case.

Mistake 9: Choosing an attorney based on cost


Texas has unlimited resources to prosecute you. While DWI Lawyer costs vary, the costs associated with a DWI conviction can be extreme. If you choose the lowest price, you will probably receive the lowest results. Clyde Burleson has a payment plan to fit your budget!

DWI Mistake #10: Not calling Clyde Burleson


Call Clyde today at 713-628-1503 to get help in requesting an Administrative License Revocation (ALR) Hearing. He’ll assist you in taking the required actions at no charge or obligation to you and help you avoid these common DWI mistakes.


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