Getting arrested for DWI in Texas is a terrifying experience for many people, but it does not have to be so. An arrest for DWI does not mean that your guilt has been proven. It’s crucial to stay calm and be polite with the arresting officer. At the first opportunity, you should speak to a Houston DWI attorney who will move swiftly to ensure that your rights are fully protected.
Step 1: Refuse the FST but Take the BAC Test after Arrest
The police officer may ask you to perform field sobriety tests on the roadside. An experienced Houston DWI lawyer will almost always recommend you to refuse this test. The law in Texas does not penalize you for refusing this unreliable test. However, be prepared to submit to the blood alcohol concentration (BAC) test, which is mandated by law.
Step 2: Speak to a Leading Houston DWI Lawyer
DWI laws in Texas are complicated, and you need a specialist DWI defense attorney with an exceptionally successful track record and proven competency. The legal consequences of a DWI conviction are serious and far-reaching. Therefore, your best bet in this situation would be to contact a top-rated DWI lawyer (not a general attorney) as soon as possible.
Step 3: Request an Administrative Hearing with the DPS
One of the first things your Houston DWI attorney will help you do is to make a written request for a hearing with the Texas Department of Public Safety (DPS). This hearing request must be made within 15 days of your arrest, or your driver’s license will be suspended.
The DPS will try to have your license suspended for 90 days or 180 days, depending on whether or not you voluntarily submitted to a BAC test. Your lawyer may recommend you to request for contesting the hearing. Even if you lose this hearing, your lawyer may still be able to help you obtain an occupational license, which will enable you to drive as usual.
Step 4: Obtaining and Evaluating the Evidence
A capable Houston DWI lawyer will put all the necessary resources at work to investigate the facts and circumstances of your case, gather every possible piece of evidence that supports your defense, and examine the potential weaknesses in the prosecution’s arguments and evidence. They will make a request for BAC test results, police reports, and photographic and video evidence.
Your lawyer may decide to return to the site of arrest in order to obtain any necessary videos or photos of the location. They may look for tire marks, any damage to the property or vehicles, questionable surfaces or areas where the FST exercises were performed, and any other unusual things that could support your defense.
Step 5: Preparing a DWI Defense Strategy
After a careful and thorough case evaluation, your DWI lawyer will discuss the best possible defense strategy with you. They will explain the legal options available to you and advise the best ways to get the charges possibly dismissed or reduced.
Legal Help is Here for You
The veteran Houston DWI attorney Tyler Flood and his talented legal team at Flood & Associates can provide you the best possible defense for your DWI case. We will fight for your rights and explore every possible legal avenue to get your charges dismissed or reduced. Call our team at 713.224.5529 for a free consultation or use this online contact form to request a free case review.