How to Beat a DWI

The financial and emotional strain around DWI can be exhausting. A conviction can lead you to immense fines and even time behind bars. Not only this, but your sentence could include additional conditions such as DWI classes, community service, and probation. DWI charges are overwhelming, but they can be fought.

You can challenge DWI charges in a variety of ways with the help of an experienced attorney. A skilled attorney can assess your case to uncover all your available options. They can negotiate with prosecution on plea deals or aggressively battle for you in trial if necessary. Don’t agonize over your DWI for another moment. If you or someone you know has been charged with DWI, it’s imperative you contact a skilled attorney.

Attorneys Explains How to Fight a DWI in Texas

Texas is infamous for having some of the most restrictive DWI laws in the U.S. You could be saddled with fines and possible incarceration. This doesn’t even include the social consequences to your employment, education or personal relationships. If you’ve been charged with DWI, then it’s time to act now.

Contact an attorney at Tyler Flood & Associates, Inc. for quality legal representation. Tyler Flood & Associates, Inc. is a group of criminal defense attorneys with a special focus in DWI law. We strive to provide quality legal service in everything we do. This includes collecting evidence, filing motions, subpoenaing crucial witnesses and fighting for you in court. Additionally, our firm founder Tyler Flood has been designated as an ACS-CHAL Lawyer-Scientist.

The award is only given to people who possess an in-depth understanding of the science behind a DWI, meaning he is capable of analyzing evidence-gathering procedures for DWIs as they relate to the specifics of each case. Act now by calling (713) 224-5529 for a case evaluation. Tyler Flood & Associates, Inc. accepts clients throughout the greater Harris County area including Tomball, Houston, Bellaire and Pasadena. Overview on How to Avoid a DWI Conviction 

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1. Be Polite and Don’t Resist

It’s natural to panic during a DWI stop, especially if you’ve been drinking. Despite this, it’s imperative you don’t insult, flee or resist the officer. Avoiding an arrest will only aggravate your situation. You could face additional charges such as evading or resisting arrest, which also carries criminal penalties. Courtesy can get you a long way.

Being polite and friendly throughout the exchange could help you avoid DWI charges. If you’ve been drinking, then it’s important you don’t speak more than necessary. Not only could you incriminate yourself if you’re arrested, but the officer is looking for signs of intoxication. If you have alcohol on your breath, you’ll probably be arrested because the officer has probable cause you’ve been drinking.

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2. Stay Silent If You’re Arrested

It can feel like the world is ending when you’re charged with DWI. However, it’s important to understand you have rights in the legal justice system. These rights cannot be invalidated, no matter how guilty you are. If you’ve been pulled over for DWI, it’s highly recommended you exercise you right to remain silent.

Once the handcuffs click behind you, anything you said can be used against you in court. Even passing statements can be evidence for the prosecution. A way to avoid further incriminating yourself is to remain silent and ask for an attorney. No police officer can force you to talk even if they use intimidating tactics. You can hire an attorney to advise or speak for you during police interrogations. It’s likely that law enforcement won’t even bother to question you after you’ve retained legal counsel.

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3. Refuse Field Sobriety Tests

Texas law enforcement use field sobriety testing to determine if you’re impaired by drugs or alcohol. The tests are a series of physical exercises designed to measure your physical and mental faculties. While you may see a variety of field sobriety testing on the internet, only three field sobriety tests are admissible in court. These are the walk-and-turn, the one-leg stand and the horizontal gaze nystagmus A suspicious police officer may ask you to perform field sobriety tests.

If this happens, it’s extremely important that you refuse. Field sobriety testing is by no means flawless. Many sober people have reported failing field sobriety testing because of a variety of factors. Something as simple as wearing the wrong pair of shoes could influence your test results. Refusing field sobriety tests also means you’re not giving the prosecution any ammo. The District Attorney will use dashcam or police reports of your field sobriety tests results in court. However, if you refuse testing the prosecution will have only objective evidence against you.

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4. Say No to Breath Analysis, Urinalysis or Blood Analysis

Another form of DWI testing is chemical testing, which includes breath analysis, urinalysis and blood analysis. All three tests are designed to measure blood-alcohol concentration (BAC) or the number of grams of alcohol per:

  • 210 liters of breath;
  • 67 milliliters of urine; or
  • 100 milliliters of blood

The majority of attorneys would advise you not to submit to chemical testing. Chemical testing has been known to give misleading results due to a multitude of factors. Samples can be contaminated by lab personnel or not handled properly. Additionally, the equipment used to measure your BAC may be outdated or poorly maintained.

The risk of chemical testing isn’t worth the chance. It’s important you remember refusing chemical testing has consequences. Texas has implemented a set of laws called implied consent laws. This statute states you’re agreeing to comply with testing by law enforcement if you’re using Texas public roads. Violating implied consent laws will lead to a license suspension, which includes:

  • 180 days for a first refusal; and
  • 2 years for a second or subsequent refusal

You must also be aware that refusing chemical testing can result in an arrest. The officer may decide to arrest you on the grounds of probable cause. Probable cause is when an officer has a reasonable amount of suspicion, supported by circumstances, that a crime did or is about to take place. The officer could take your refusal as proof you’re intoxicated.

Any time spent in jail is overwhelming, but it may be the best option for you. You’ll only be detained for a short time and the prosecution will have no concrete evidence against you. It’s much easier to fight DWI charges if the prosecution doesn’t have any chemical testing evidence.

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5. File a Request for an Administrative License Revocation Hearing

If you refused or failed chemical testing, your license will be suspended for a period of time. The suspension is an administrative penalty from you violating implied consent laws, which means you can contest it. However, you must act quickly. You only have 15 days to file a request for an administrative license revocation hearing.

At the hearing, your attorney can challenge your license suspension. An administrative license revocation is also a good opportunity to question your arresting officer. The prosecution won’t be present at the hearing, so the officer won’t be prepped for vigorous questioning. In addition, the transcripts from the hearing could be used as evidence if the court allows it.

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6. Hire Quality Legal Representation

Driving while intoxicated is a common charge with complicated legislation. There is little to no room for mistakes when fighting for your future. To ensure your success, it’s imperative you contact an experienced DWI attorney. Hiring an attorney can significantly increase your chances of reducing or dismissing your charges. A skilled attorney should build a strong DWI defense by:

  • Having an in-depth understanding of DWI;
  • Knowing the scientific aspect of DWI;
  • Thoroughly investigating all the facts of your case;
  • Subpoenaing important witnesses or information;
  • Filing crucial preliminary motions;
  • Cross-examining the District Attorney’s witnesses; and
  • Being experienced in both ALR hearings and DWI cases

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Additional Resources

DWI Task Force – Visit the official website of the Houston Police Department to learn more about their DWI Task Force. Access the site to learn about DWI statistics, how to prevent crime and their contact information. Texas DWI Laws – Visit the official website of Texas Penal Code to learn more about driving while intoxicated (DWI) laws. Access the statute to learn the charge specifics, penalties and aggravating factors for driving while impaired.

Lawyer Discusses How to Avoid a DWI in Houston, Texas

If you or someone you know has been charged with DWI, it’s crucial you gain skilled legal representation. Your attorney can evaluate your case and create a strong defense plan for you. They can also fight your license suspension, so you can retain your driving privileges. Call us now at (713) 224-5529 to speak to an experienced attorney.

We are passionate about defending others with DWI charges. Our attorneys want to ensure you get your life back. Tyler Flood & Associates, Inc. accepts clients throughout the Houston area and surrounding communities such as River Oaks, Bellaire, Pasadena and Uptown.

This article was last updated on March 7th, 2019.


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Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
October 19, 2023.
When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.
Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
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