If you have been arrested for DWI (driving while intoxicated) in Texas, you are likely feeling scared and anxious. Your mind is probably racing with questions and picturing the worst-case scenario, and although being arrested is a nerve-wracking experience, it is crucial to note that a DWI arrest does not equal a DWI conviction. Being arrested for DWI only means that they will process your information and draft a charge if they deem it necessary. It isn’t yet over, no sentencing has occurred.
A DWI arrest is something to take seriously from the very start, as the prosecution will immediately begin to build a case against you. Knowing how a DWI arrest occurs and the steps to take afterward can make a large difference in the outcome of your case.
What happens when you get arrested for a DWI in Texas?
A few important things happen during a DWI arrest.
- The officer will ask you if you have been drinking, or questions related to what you have been doing that day.
- You are not required to answer their questions but remain as polite as possible. Your silence will not be used as evidence of your guilt, but it also doesn’t necessarily make your life easier. Just remain calm and amicable.
- You will likely be asked to participate in very confusing field sobriety tests, that are designed to give the police probable cause to arrest you.
- Refusal to participate in these tests will not stop the arresting officers from bringing you into jail and administering a BAC test.
- You will be asked to take a blood alcohol content (BAC) test of some sort, likely a breathalyzer.
- If you refuse to take the breathalyzer test you will be put to the more accurate blood draw test.
You have probably heard about refusal before — depending on the situation it can be a good strategy — but if you plan on refusing to participate in either the sobriety tests or the breathalyzer, you have to do so with the right attitude. If you are seen as being rude or uncooperative on tape it will not help your chances with the officer on duty or the jury deciding your fate.
Here are important steps to take after you have been arrested for DWI.
Step 1: Use your right to remain silent
Once you are taken to the station for processing, you will give the officers your personal information including name, address, birth date, and so on. After you have given that information, you are not required to speak to anyone. Use your right to remain silent.
Anything you say at the point of your arrest can (and likely will) be used against you in court. Keeping quiet until you have legal representation present will prevent the officers from collecting more evidence to build a case against you.
Step 2: Contact a DWI defense attorney
Next, they will post your bail. If this is your first DWI in Texas, and you were charged with a Class B Misdemeanor, the bail will be smaller (typically around $200-$1000). But if this is a repeat offense such as a 2nd DWI in Texas, or any aggravating factors are present, the bail amount will increase — for example, the bail for a Felony DWI can cost $5,000-$10,000. That is a price you do not want to pay.
When the bail is paid and you are released, contact a DWI defense attorney ASAP. This is the most crucial step if you are arrested for DWI. Having experienced legal counsel will give you a better chance at fighting DWI charges and avoiding a conviction. The longer you wait, the less time your lawyer will have to build your case, making a DWI conviction more likely.
What to look for when hiring an attorney
Many people, feeling panicked and anxious, hire the first lawyer that they find on Google following a DWI arrest — don’t do this. A DWI charge is serious, so why would you hire just anyone to represent you? You need a relentless Laredo DWI attorney fighting in your corner. You need DWI defense attorney Javier Guzman, founding attorney of Guzman Law Firm.
Javier Guzman is Laredo’s ONLY Forensic Lawyer-Scientist, the highest form of scientific recognition available for lawyers as designated by the Chemistry and Law Division of the American Chemical Society. This recognition is given to attorneys who pass a rigorous course and showcase a strong understanding of DWI law and the underlying science that informs it. Javier Guzman can help you to build a strong DWI defense strategy twofold, using science and the law.
Step 3: Request an ALR hearing
If you are arrested for DWI, your license will be taken away and you will receive a temporary license for a limited period of time before your license suspension takes effect.
You’ll need to request an Administrative License Revocation (ALR) hearing within 15 days of your arrest in order to save your driving privileges. If you have hired a DWI defense attorney they can request a hearing for you.
An ALR hearing is the only chance you have at saving your driving privileges. If your attorney is successful at the ALR hearing, you will continue to be able to drive to essential destinations (such as work or school).
Arrested for DWI in Texas? Call Javier Guzman for Relentless Representation.
The clock is ticking if you have been arrested for DWI. Do everything you can to fight for your freedom by hiring a top DWI defense attorney right away.
Javier Guzman is a trustworthy and relentless DWI defense attorney in Laredo, TX who takes your freedom seriously. He treats every client with respect and compassion and doesn’t back down in the courtroom, where his deep knowledge of the science and the law involved in DWI cases can give your case the edge. Schedule a consultation with Guzman Law Firm or call 956-333-3977 today for relentless representation.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
