What Are The Top 10 DWI Mistakes to Avoid After Arrest?
Experience has shown that people charged with DWI often make some very common mistakes that end up costing them far more time, money and inconvenience than needed. Like the mistake of assuming no matter what you do you will lose the case. Or not taking the matter seriously. Or negotiating a quick plea bargain so you can put the entire situation “behind you.” Don’t fall into these and other common traps. Call Clyde for a free consultation at 713-628-1503
1. Assuming you will lose the case
Many people believe that they have no chance of winning against a DWI charge. Perhaps they failed a breath test. Maybe the police got a warrant and drew blood. Perhaps they think no one will believe they were innocent because there was an open container of alcohol in the car. The truth is that the case against you may not be as solid as you think.
For example, did you know that many factors can affect the accuracy of both breath and blood tests? Scientific testing has shown that work conditions (such as volatile-chemical exposure), extensive dental work, Gastro Esophageal Reflux Disorder (G.E.R.D.), airbag deployment, and even a simple fever can yield a “false high” breath-test result.
Additionally, breath tests must be performed under strict guidelines. Failure to comply with those guidelines renders the results questionable at best. In other words, breath tests may be thrown out of Court or explained away. Blood tests also must be performed under strict guidelines. Lab analysts are people, and people can make mistakes. For example, were you aware in 2019 thousands of blood vials were recalled by the manufacturer because of defects? Numerous cases were dismissed because of this. It takes an experienced DWI attorney to spot these issues.
2. Not fighting the automatic suspension of your driver’s license
Under Texas law, you have 15 days from the date of your arrest to request a license hearing and fight to save your driver’s license. Failure to ask for this hearing will result in the automatic suspension of your driver’s license.
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|
3. Not taking the matter very seriously
Maybe the most common of all the DWI mistakes. Being charged with DWI is serious and the penalties should not be taken lightly. Not only will you be criminally prosecuted, you also risk losing your driver’s license automatically for failing to request your hearing in time. Further, you could be facing probation, jail, fines, massive increases in your insurance rates and loss of your job in addition to surcharges applied by D.P.S. that could range from $3,000 to $6,000 over three years.
4. Not asking the attorney about her/his DWI experience
Every case is different. Different facts involve different provisions of the law. Friends and family may have had a similar experience, but the DWI laws change so frequently and the penalties have increased so severely that the options available to you may be entirely different from those of others. DWI cases involve complex laws and highly technical scientific evidence. You should not be afraid to ask how experienced your attorney is with DWI. You should also ask for the science behind the evidence to be explained to you.
5. Driving while your license is suspended
Driving during any suspension is another crime which will result in your arrest and a separate prosecution. Additionally, your license will be suspended again if convicted of this crime.
6. Negotiating a quick plea bargain so that you can “put this case behind you”
Accepting a plea, of any kind, is an admission of guilt and a complete waiver of your constitutional rights. It could lead to jail time and suspension of your license, which means 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, which means that you will have to attend 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. Worse still, if you are caught violating your probation (example: testing positive for alcohol or getting behind on your community service), your probation can be revoked, and you could be sentenced to jail.
7. Not arriving to Court on time
Harris County judges take their jobs seriously. 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.
8. Not hiring an attorney
DWI law is not a simple criminal case. It involves civil law, criminal law, administrative law, traffic law and civil and criminal procedure. 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! A qualified DWI attorney can offer you the most choices for the best disposition of your case.
9. Choosing an attorney based solely on cost
The State of Texas has charged you with DWI. Our state has almost unlimited resources (attorneys, investigators, police, etc.) to prosecute you. You should expect to pay your attorney a fair fee based upon his or her time devoted to your case, his or her experience and his or her reputation. If you choose the lowest price, you will probably receive the lowest amount of attention and expertise. You deserve the best possible defense. Don’t let money be an obstacle. Clyde Burleson has a payment plan to fit your budget!
10. Not calling Clyde Burleson
Call Clyde today at 713-628-1503 to AT LEAST get help in requesting a Driver’s License Revocation Hearing. He’ll assist you in taking the required actions at no charge or obligation to you and help you avoid these and other common DWI mistakes.