It’s important to know that a DWI arrest does not automatically mean you are guilty in the state of Texas, and it doesn’t mean you will be convicted even if you think you are guilty.
Are you facing a DWI charge in Texas? The feelings of panic, guilt, and worry can feel overwhelming. But facing a DWI charge is not a hopeless scenario. It’s important to know that a DWI arrest does not automatically mean you are guilty, and it doesn’t mean you will be convicted (even if you think you are guilty). The steps you take during and after the DWI arrest can drastically influence the outcome of your case. Here’s what you need to do now.
1. Hire An Experienced DWI Lawyer
One of the best ways you can take action to protect yourself and your future from a DWI conviction is to seek out a proven DWI defense attorney right away. Your attorney will meticulously review your case details and work closely with you to build the case against the charges. Your attorney will advise you on the best course of action, including what to say and, even more importantly, what not to say.
2. Request An Administrative License Revocation (ALR) Hearing
When you are stopped by a police officer and charged with a DWI, you need to remain calm, refuse to do any field sobriety and/or breathalyzer tests, and stay silent. If arrested for a DWI, the Texas Department of Public Safety will take action against your driver’s license regardless of whether you submitted to testing or refused to test. If you refuse to submit to testing, the arresting officer will confiscate your psychical driver’s license and give you a Notice of Suspension. The Notice of Suspension will inform you of your right to request an ALR hearing, and it will serve as a temporary driving permit until the 40th day. After your arrest, you need to file a request for an Administrative License Revocation (ALR) hearing. You only have 14 days after your arrest to request the hearing or you lose the right to have the hearing.
Why should you request the hearing? Because Texas law states that until the hearing is held, your right to drive remains valid. Your license is still valid. At Jeff Brown Law, we request an ALR Hearing and represent you at the hearing as a standard part of representing you.
3. Strategize with Your Attorney
Your attorney’s job is to gather the evidence that the State intends to use against you at a trial to convict you, review the evidence in light of the current law, and provide you with counsel about how best to proceed forward in fighting your DWI charge to protect your future. Then, using this strategy and defense plan that you and your attorney have agreed upon, your attorney remains by your side in court and fights to protect you and your family’s future. Give your attorney time to gather the evidence and then make sure that you schedule a time to meet either in person or via Zoom to review the evidence and strategize.
4. Don't Get "Advice" From Anyone Except Your Lawyer
Being arrested for a DWI can be overwhelming, especially if it is the first time you are charged with a DWI. You may experience feelings of fear or embarrassment. You may be tempted to confide in the people around you. You may have the urge to ask questions. However, it is in your best interest to remain quiet and not talk to anyone except the attorney you’ve hired to advise you and give you good counsel.
The law enforcement officers are not there to give you advice or to help you throughout your arrest. The law enforcement officers are there to book you into the system as quickly as possible. They are not your friends! Do not confide in them or ask questions because anything you say can be used against you in court. Many police cars are equipped with audio recording, so make sure you remain calm and quiet. And advice from your friends who aren’t lawyers and who aren’t familiar with the facts of your case can actually cause you to do things, expect things, or say things that will hurt your case.
The best case scenario is to keep things between you and the person that has spent his life studying how to help you with this exact situation!
5. Write Down Exactly What Happened In A Notebook
A lot of action and dialogue takes place during and after an arrest. It is imperative that keep the case details private. Do not speak about your case with anyone who may later be required to testify against you. While you shouldn’t discuss your case details with anyone other than your attorney, it’s crucial to note everything that has happened during your arrest and detainment.
You should write down everything you remember, including anything you said or did, anything the arresting officer said or did, the type of testing administered or refused. Try to remember exact phrases and quotes as much as possible. A detailed journal that contains an accurate recollection of events will provide your attorney with crucial information.
Don’t challenge the State alone! They have too many resources for one person to overcome. Call Jeff Brown today. He’s an experienced Fort Worth DWI defense lawyer. He will sit down with you, talk through your case and the evidence with you, and craft a unique defense strategy that will give you the best chance at getting your charges dismissed!