Believe it or not, July and August are notorious for high DWI arrest rates in Texas. The summer months, with their long days, vacations, holiday celebrations, and numerous family and company events, often lead to increased alcohol consumption. If you find yourself arrested for a DWI during this time, it’s crucial to know what steps to take to protect your rights and build a strong defense.
Stay Calm and Compliant
The first and most important step is to remain calm if you are stopped by police or state troopers. Cooperate with the officers but remember your rights. You have the right to remain silent, and anything you say can be used against you. Politely decline to answer any questions without your attorney present.
Understand Your Rights
A board certified criminal defense lawyer specialist experienced in DWI cases can guide you through the process and ensure your rights are protected.
Your Rights When Arrested for DWI
- Right to Remain Silent
You have the right to remain silent and not answer any questions from law enforcement officers. Anything you say can be used against you in court.
Tip: Politely inform the officers that you choose to exercise this right. - Right to an Attorney
You have the right to consult with an attorney. This includes the right to have an attorney present during any questioning.
Tip: Request an attorney as soon as possible. Do not discuss your case with anyone (including friends and family) other than your lawyer. - Right Against Self-Incrimination
You cannot be forced to incriminate yourself. This ties into your right to remain silent and not provide statements or answers that could be used against you.
Tip: Do not volunteer any information beyond what is necessary for identification purposes. - Right to Be Informed of Charges
You have the right to be informed of the charges against you. The police must explain why you are being arrested.
Tip: Ensure you understand the charges and ask for clarification if needed. This will help you and your attorney prepare a defense. - Right to Refuse Field Sobriety Tests
In Texas, you have the right to refuse field sobriety tests (FSTs) without automatic penalties.
Tip: Politely decline to perform these tests, as they are subjective and can be used to build a case against you. - Right to Refuse Chemical Tests (with Consequences)
You have the right to refuse breath, blood, or urine tests; however, refusing these tests can lead to automatic license suspension under Texas’ implied consent laws.
Tip: Understand that refusing a chemical test can have immediate administrative consequences, but may also limit evidence against you in the criminal case. - Right to a Hearing
If your license is suspended due to a DWI arrest, you have the right to request an Administrative License Revocation (ALR) hearing to contest the suspension of a driver’s license or commercial driver’s license.
Tip: You must request this hearing within 15 days of your arrest. Your attorney can handle this process for you.
Contact an Specialist DWI Attorney
Reaching out to a specialist DWI attorney, such as attorney Jacob Blizzard should be your next step. An attorney can help you understand the charges against you, the potential consequences, and the best strategies for your defense. They can also assist with administrative issues such as license suspension hearings, which can occur quickly after a DWI arrest. Attorney Jacob Blizzard is board certified in both Criminal Defense and Criminal Appeals and has a track record of obtaining positive results for his DWI clients.
Document Everything
Start keeping detailed records of everything related to your arrest. This includes taking the time to sit down, get out a pen and paper and write down the circumstances of your stop, note any field sobriety tests conducted, and interactions with law enforcement officers. Your attorney can use this information to identify any procedural errors or violations of your rights.
Attend All Court Dates
This is super important! Missing a court date can have severe consequences, including additional charges and penalties being assessed against you. Make sure you attend all scheduled court appearances. Your attorney will help you understand what to expect and how to prepare.
Consider Your Defense Options
Your attorney will explore all possible defense strategies. This could include challenging the legality of the traffic stop, the accuracy of breathalyzer or blood tests, and the proper administration of field sobriety tests. Every detail matters in building a robust defense.
Plan for the Future
A DWI arrest can have long-term consequences, affecting your driving privileges, employment, and even your personal life. It’s important to take proactive steps to address these potential impacts. This might involve enrolling in alcohol education programs or seeking counseling to demonstrate your commitment to making positive changes.
A DWI arrest in Texas, particularly during the peak arrest months of July and August, can be daunting. However, with the right approach and legal guidance, you can navigate the complexities of the legal system and work towards a favorable outcome. At our law firm, we are dedicated to providing the expertise and support you need during this challenging time. Contact us today to discuss your case and explore your options.
By taking these steps, you can protect your rights and position yourself for the best possible defense. Remember, you don’t have to face this alone — reach out to us and we can help you through the process.
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