Clyde Burleson:
The 10 biggest mistakes most people make after being arrested for a DWI -- and how to avoid them
1. Assuming you will lose the case
Many people charged with DWI believe that they have no chance of
winning. Maybe they failed a breath test. Perhaps they think no one
will believe they were innocent because there was an open container of
alcohol in the car. The truth is that the case against you may not be
as solid as you think.
For example, did you know there are many factors that can affect the
accuracy of a breath test? Scientific testing has shown that work
conditions (such as volatile-chemical exposure), extensive dental work,
Gastro Esophageal Reflux Disorder (G.E.R.D.), air-bag deployment, and
even a simple fever can yield a “false high” breath-test result.
Additionally, breath tests must be performed under strict guidelines.
Failure to fully comply with those guidelines renders the results
questionable at best.
In other words, breath tests may be thrown out of Court or explained
away.
2. Not fighting the automatic suspension of your driver’s license
Under Texas law, you have 15 days from the date of your arrest to
request a hearing and fight to save your driver’s license. Failure to
ask for this hearing will result in the automatic suspension of your
driver’s license, as set out below.
Suspension Provisions for Adult Drivers
Without any prior alcohol or drug-related contacts against the accused
driver during the previous 10-year period, the periods of suspension
are as follows:
Age of Driver Refusal Penalty Trans. Code ¤724.035 Failure Penalty
Trans. Code ¤524.022
21 or older 180 days 90 days Prior alcohol or drug contact w/in 10
years 2 years 1 year NOTE: If the person who refuses to perform various
tests is a resident without a license, an order will be issued denying
the issuance of a license to the person for 180 days.
NOTE: the term “prior alcohol or drug contact,” as used to lengthen the
period of suspensions stated above, has been defined as “a driver’s
license suspension, disqualification, or prohibition order under the
laws of this State or any other state resulting from a conviction for
driving while intoxicated,” or “a refusal to provide a requested
specimen,” or “providing a specimen showing an alcohol concentration of
a level specified in ¤49.01 Texas Penal Code” (an alcohol concentration
of 0.08 or greater).
3. Not taking the matter very seriously
Being charged with DWI is serious. Not only will you be criminally
prosecuted, you also risk losing your driver’s license automatically
for failing to request your hearing in time. Further, you could be
facing probation, jail, and fines, in addition to surcharges applied by
the D.P.S. that could range from $3,000 to $6,000 over 3 years. See:
Driver's License Surcharges. And all that is on top of higher vehicle
insurance rates.
4. Not asking the lawyer about her/his DWI experience
DWI cases involve complex laws and highly technical scientific
evidence. You should ask how many DWI cases a lawyer handles per year.
You should also ask for the science behind the evidence to be explained
to you.
5. Talking to anyone but an experienced DWI lawyer about your case
Every case is different. Different facts involve different provisions
of the law. Friends and family may have had a similar experience, but
the DWI laws change so frequently and the penalties have increased so
severely, the options available to you may be entirely different from
those of others.
6. Driving while your license is suspended
Driving during any suspension is another crime which will result in
your arrest and a separate prosecution. Additionally, your license will
be suspended again if convicted of this crime.
7. Negotiating a quick plea bargain so that you can “put this case
behind you”
Accepting a plea, of any kind, is an admission of guilt and a complete
waiver of your constitutional rights. It could lead to jail time and
suspension of your license, which means you could lose your job, get
behind on bills, and face thousands of dollars in State fees just so
you can drive again. It could lead to probation, which means you will
have to attend classes, perform community service, report monthly to a
probation officer, and pay thousands of dollars in fines, Court costs,
and State fees. Probation is a serious disruption of your life. Worse
still, if you are caught violating your probation (example: testing
positive for alcohol or getting behind on your community service), your
probation can be revoked and you could be sentenced to jail.
8. Not arriving in Court on time
Harris County judges take their jobs seriously. They expect you to live
up to every term and condition of your bail bond. If you fail to appear
in Court on time, your bond can be forfeited, meaning you will lose the
entire amount of the bond and will be jailed until a new bond is posted
(more money spent) or until the time of your plea or trial.
9. Not hiring a DWI Lawyer
DWI law is not a simple criminal case. It involves civil law, criminal
law, administrative law, traffic law, and criminal procedure. You are
facing potential jail time and thousands of dollars in fines, Court
costs, and surcharges. Without a knowledgeable, experienced DWI lawyer
on your side, your ultimate fate is predictable. You will lose!
Qualified DWI lawyers can offer you the most choices for the best
disposition of your case.
10. Choosing an attorney based solely on cost
The State of Texas has charged you with DWI. Our state has almost
unlimited resources (attorneys, investigators, police, etc.) to
prosecute you. You should expect to pay your lawyer a fair fee based
upon his or her time devoted to your case, his or her experience, and
his or her reputation. If you choose the lowest price, you will
probably receive the lowest amount of attention and expertise. You
deserve the best possible defense. Don’t let money be an obstacle.