The 10 Biggest Mistakes Most People make After Being Arrested for a DWI in Texas
The 10 biggest mistakes most people make after being arrested for a DWI in Texas .1. Failing to request an ALR hearing within 15 days of your arrest.
In order to save your driving privileges after a DWI arrest, Texas laws requires that you request an ALR hearing within 15 days of your arrest. If you fail to do so, your driver’s license will be AUTOMATICALLY SUSPENDED. My office DOES NOT CHARGE you to assist you in requesting this hearing prior to your appointment.2. Thinking that being charged with DWI is not a serious matter.
A DWI charge is a very serious matter. You face fines, jail time, loss of driving privileges and other hidden costs like raised insurance rates and the possible denial of certain employment opportunities. Also, a DWI conviction will be on your record FOREVER. A DWI conviction CANNOT BE REMOVED from your criminal record for ANY reason.3. Representing yourself.
The DWI laws in Texas are complicated and combine elements of civil, criminal and governmental law. Even lawyers who do not specialize in DWI case often times struggle with DWI laws. For the best results, you should choose a qualified, experienced DWI lawyer for the best possible outcome for your case.4. Choosing an attorney based solely on cost.
Your opponent in this lawsuit is the State of Texas. It has almost unlimited resources (attorneys, investigators, police, etc) to prosecute you. You should expect to pay a fair fee based upon the time, effort, experience and reputation of the attorney. If you choose the lowest price, you are certain to obtain the least amount of effort toward defending your case.5. Not asking the attorney about her/his DWI experience.
The biggest mistake most lawyers make is to treat a DWI like other criminal cases. Do not be afraid to ask your attorney what his or her experience is with DWI cases. Ask, (1) how many DWI cases the attorney handles per year, (2) how many DWI cases has he or she taken to trial, (3) what specialized training does your attorney have in regard to DWI, (4) how vigorously does your attorney fight to prevent your driving privileges from being suspended, etc.6. Failing to request a hearing on your driver’s license suspension within 15 days of your arrest.
Failing to request a hearing will result in an automatic suspension of your driver’s license. In addition, if you then fail to obtain a occupational driver’s license and drive during any suspension period then you have committed another crime which could result in your arrest and an additional criminal prosecution.7. Agreeing to the first plea offer from the prosecutor.
When you accept a plea your are admitting to the crime for which your were charged. In addition, you are waiving your Constitutional rights. Plus, very few prosecuting attorneys have the authority to dismiss or even reduce a DWI offense. Without a thorough investigation of your case, you cannot possibly know whether or not their offer is reasonable.8. Failing to appear on your court dates.
When you posted your bond and were released from jail you promised to appear at every court date you are given. If you fail to appear for these dates, your bond will be forfeited and a warrant will be issued for your arrest. Additionally, a judge may decide to place you in jail until your trial date.9. Hiring an attorney who is not an experienced DWI attorney to represent you.
It is simple, if you needed a root canal, you wouldn’t go to an eye doctor, right? Lawyers are like doctors, the specialize in certain area of the law. DWI is a highly specialized area of law. Different facts involve different provisions of the law. There is no substitute for actual, hard earned experience when it comes to defending clients accused of DWI. Prosecutors know who the experts in the field of DWI are and which attorneys are tough in trial. You want the most competent person to represent you when your freedom in at risk. Therefore, only choose an experienced attorney dedicated to the practice of DWI defense.10. Think that talking to numerous attorneys will help you handle it on your own.
Without an attorney, you are relying in the kindness and integrity of your major opponent. Without knowing the rules that govern the entire process, you may be prevented from even presenting any meaningful defense.