Protecting Your During A DWI Arrest: Avoiding Common Mistakes

What Happens After A DWI Arrest In Texas?

If you are arrested for driving while intoxicated (DWI) in Texas, it’s important to remain calm and understand the next steps. Here’s what you can expect:

Blood Or Breath Sample Collection

If you haven’t voluntarily provided a breath or blood sample, the officer can request a warrant to obtain a blood sample. Depending on your location, the officer may take you to a hospital or another facility for the blood draw.

Booking And Jail

After the blood sample is collected, whether voluntarily or by warrant, you will likely be taken to jail. There, you will appear before a magistrate, who will set a bond amount. Once the bond is set, most people are able to pay it and secure their release until the trial.

Release From Jail

Upon release, you will receive several important documents:

• Bond paperwork outlining the terms of your release.
• A notice of suspension (if applicable), especially if you refused the blood or breath test or if your blood alcohol content (BAC) was over 0.08%.
• A statutory warning, which would have been read to you prior to the request for a breath or blood sample.

License Suspension

If you refused to provide a sample or if your BAC was over 0.08%, your driver’s license will be suspended automatically. This suspension will occur regardless of other circumstances, so it’s crucial to act quickly to protect your driving privileges.

Calling An Attorney

Once you’re out of jail, it’s essential to find a lawyer before your next court date, if you haven’t already retained one. Having legal representation early on can help you navigate the complexities of the DWI process and increase your chances of a more favorable outcome.

Understanding these steps can ease some of the uncertainty, but taking prompt action is key to protecting your rights and addressing the charges effectively. What’s more, you’ll want to avoid making two key mistakes along the way…

Mistake Number One: Talking To The Police After Being Arrested

Once you’re arrested, it’s essential to stop talking immediately. Anything you say to the officer can and will be used against you in court. Many people try to talk their way out of a DWI by pleading for leniency or explaining the situation, thinking they can reason with the officer. However, every word you say is likely being recorded and could end up incriminating you, providing the state with more evidence to use against you at trial.

Attorney Ira Miller is a Texas criminal defense lawyer who has championed countless clients just like you accused of drunk driving, helping them beat DWI charges or minimize the negative consequences of an arrest. Following his advice and experience, drawing from years of work in and out of Texas courtrooms could be the key to avoiding a DWI conviction of your own.

Have you or a loved one been arrested for drunk driving in Texas? Contact Ira Miller today to schedule an initial strategy session.

Call Us To Schedule Your Initial Strategy Session Today! (361) 344-4811

Mistake Number Two: Giving A Sample When You Don’t Have To

After an officer conducts a field sobriety test, they may ask for a blood or breath sample. Before this, you’ll be read a document called the statutory warning, which outlines your rights and the consequences of refusing to provide a sample.

In the past, the general advice was to refuse a breath sample. However, this approach has evolved. Now, I recommend asking the officer a crucial question: “If I refuse to provide a blood or breath sample, will you get a warrant?” This puts the officer in a tricky position where they must either answer or avoid the question.

If the officer confirms they will get a warrant, it’s often advisable to provide the breath sample at that point for two key reasons:

1. You May Be Able To Reduce A License Suspension

If your blood alcohol content (BAC) is over 0.08% and your driver’s license is going to be suspended, volunteering the sample can reduce the length of the suspension.

2. You May Gain A Strategic Advantage At Trial

In trial situations, juries tend to trust blood test results more than breathalyzer results. Many jurors grow up hearing that breath samples aren’t reliable, so they carry that skepticism with them. This opens an opportunity to highlight issues with breathalyzer machines and cast doubt on the accuracy of those results.

Both of these mistakes—talking too much and giving the wrong kind of sample—can seriously hurt your chances of avoiding a conviction. Convictions come with a wide range of consequences, many of which can have long-term impacts you might not even realize at the time. Staying silent and being strategic with your choices can make a significant difference in your case.

Still Have Questions? Ready To Get Started?

For more information on Your Rights After A DWI Arrest, an initial strategy session is your next best step. Get the information and legal answers you are seeking by calling (361) 344-4811 today.