Texas DWI Arrest
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. The steps you take during and after the DWI arrest can drastically influence the outcome of your case.
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 field sobriety and 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.
Get A Proven Attorney To Put Together A Case ASAP
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 what not to say.
Keep Your Own Counsel
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 keep your own 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.
Put it in the Books
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.
If you have been arrested…
Your FREEDOM is potentially at stake. A conviction can have a huge impact on your job, relationships, and your future. You need to act fast.
What Happens Next?
The arresting officer will transport you to the local jail or police station, where you will be booked into the system and placed in a holding cell. You will remain in police custody until your initial hearing, where a magistrate will specify the charges against you and set bail. The arraignment will take place within 48 hours of your arrest.
Jail to Bail
Texas law requires that the initial hearing must occur within 48 hours of the arrest, although it is typically sooner than that. At the arraignment hearing, the magistrate will state the arrest details, stipulate the charges against you, and set the bail amount If you are eligible for bail. Many DWI arrests are eligible for bail; however, more complex DWI cases involving property damage, bodily injury, or death may result in an increased holding time or bail ineligibility.
Administrative License Revocation Hearing
Once you are released from jail, you need to take swift action to protect your driving privileges; you need to request an ALR hearing within 14 days of the arrest date. If you do not file an ALR hearing request within 14 days, then the Texas Department of Public Safety will automatically begin the proceedings to suspend your driver’s license. If you do not file an ALR hearing request with 14 days, your driving privileges will be suspended on the 40th day.
Trial
Getting charged with a DWI means that there are two cases against you- a criminal claim and a civil suit against your driver’s license. A proven DWI defense attorney will thoroughly examine case details and look for any opportunity to dispel the charges against you to have the case dismissed or the charges reduced. The arresting officer will present their case against you. The judge will determine if the case against you is valid and decide if it should continue to trial. A good attorney will work hard to get the case dismissed, resulting in the best possible outcome for your case.
Whether or not a case is dismissed or results in a DWI conviction will depend on the individual case details. A proven DWI attorney will provide you with a solid defense against the DWI charges. A reputable DWI attorney will help you navigate the complex Texas DWI laws, fight the charges against you, and help you retain your driving privileges. Follow the advice of your attorney. During and after the arrest, do not say more than required while in police custody. Remain calm, observant, and refuse to test.
No matter the charge’s seriousness, having a proven attorney will make what follows easier on you and your family. Stay calm. Keep your own counsel and maintain a detailed journal. Follow the advice of your attorney and get into motion right away. Call 24/7 for a FREE consultation.
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