Tips for Fighting a DWI Charge


If you were arrested for a DWI in Texas, it is crucial to understand the legal options and defenses that can best help secure the most favorable result for your case. Texas takes these charges seriously and a conviction can be expensive, stressful, and impact several areas of your life. Here are some tips every driver should know when it comes to protecting your rights in a DWI case:

  1. Exercise Your Rights: When you are pulled over for a suspected DWI, you have rights that you can and should exercise, which will help your case if it progresses further. You have the right to remain silent and not answer any questions like, “Have you been drinking tonight?” This does not mean it is acceptable to be rude. You should always remain polite and respectful to the officer, but you do not have to answer questions that could incriminate you. You are also not required to take field sobriety tests, which often include balancing acts and visual tests that even a sober person can easily fail. These tests are designed for your failure.
  2. What to Do When Arrested: Following the aforementioned advice does not mean you will not be arrested, but it reduces the amount of evidence the prosecutor might try to use against you. Once you are arrested, you will likely be asked to take a breath or blood test and, if you refuse, you will be penalized. For your first DWI arrest, the penalty for refusal is a 180-day suspension of your driver’s license, but you can and should request a hearing for your suspension, otherwise known as an Administrative License Revocation (ALR) hearing.
  3. Felony vs. Misdemeanor DWI: Some DWIs are more severe than others. The difference here is that a felony DWI usually refers to a third offense or any DWI offense that involved the injuries or death of another person, and a misdemeanor generally refers to one’s first DWI offense.
  4. Hire an Attorney: It is absolutely critical to hire an experienced attorney who has previously handled and won DWI cases. Even if you submitted to a blood or breath test, a skilled attorney will know how to handle your case. He or she will need the following:
    • Offense Report: This is the report the arresting officer writes when describing the arrest. Your attorney should examine this thoroughly to determine if the reason why you were pulled over was legal or if probable cause existed. Inform your attorney if you have any medical conditions that might have affected your performance.
    • Video: If arrested on camera, the officer must produce the videotape, which will allow your lawyer to view your arrest and discuss the pros and cons of your performance. In the absence of this video, your lawyer should find out why.
    • Breath & Blood Tests: These test scores are not infallible and, in fact, many intoxilyzer machines are outdated or in need of replacement.

When it comes to your freedom and reputation, you should not get cheap on yourself. Representing yourself in a DWI case can go horribly wrong and might cost you even more in the end through exorbitant fines and other costs associated with your conviction. A public defender is better than nothing, but the fact is that a public defender is not likely to be well-versed in anatomy, physiology, toxicology, and other factors that might allow him or her to break down every element in your case.

Texas DWI Attorneys

If you or someone you know was arrested or charged with Driving While Intoxicated (DWI), you will need to obtain the legal guidance of our skilled Texas criminal defense attorneys as soon as possible. Convictions can include jail time, community service, DWI education program, expensive fines, and license suspension. Do not face this charge on your own or risk your future. At Alex R. Hernandez, Jr. PLLC, we have helped many individuals with drunk driving cases and other criminal defense matters through results-driven service and client-focused attention. We are confident in our ability to assist you in obtaining the most favorable outcome possible for your case and have the track record to prove it.

No matter what charges were made against you, you have the right to excellent legal representation and fair treatment. Let us protect your rights and help you move forward with your life.

Our attorneys are available 24/7. Contact us today at (888) 907-8994 to get started on your case.

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