Mistakes to Avoid After a Texas DWI Arrest
Many people fall into some common traps following a Texas DWI arrest that can be easily avoided.
1. Not demanding an ALR hearing within 15 days of the arrest.
This is easily the most common mistake after a Texas DWI arrest that I see. You must request a hearing within 15 days or your driver’s license will be suspended automatically on the 40th day after your arrest. I will personally request an ALR hearing on your behalf if you request as part of your consultation.
2. Driving after your license is suspended.
Many people suffer a needless drivers license suspension as a result of their DWI arrest because they either failed to request an ALR (administrative license revocation) hearing, or did not win the hearing and failed to obtain an Occupational Driver’s License. If you are stopped by police with a license that has been suspended you can be charged with a new criminal offense that is in some cases equal in severity to the original DWI charge.
3. Taking the first offer from the District Attorney’s Office.
You cannot make intelligent decisions about how to resolve your case without thorough investigation into the facts and possible legal defenses by your attorney. When you accept an offer from the District Attorney you are admitting guilt. At the very least, an investigation into the facts and law will often develop defenses that are useful dealing with the District Attorney’s Office.
4. Representing yourself.
Representing yourself is a way to make sure that you obtain the worse possible outcome. The DWI laws are complex and require knowledge of the law, the science and the process. When you represent yourself you are at several disadvantages, the most important of which is that your attorney opponents are trained and skilled prosecutors whose job it is to see that your are convicted for a DWI, if they believe you are guilty.
5. Hiring an attorney that does not dedicate their practice to DWI defense
Any attorney can handle a DWI case but few dedicate a substantial portion of their practice. DWI practice is a very complicated area within criminal defense law. You should hire an attorney that is a certified practitioner of the Standardized Field Sobriety tests, one who handles a significant number of DWI cases. You should also look for an attorney who makes a point of remaining abreast of the current developments of the law and science in DWI cases.