5 Common Mistakes Following a DWI Arrest by Bo Kalabus

A DWI arrest is an awful experience for anyone that has gone through it. Though a person may be experiencing an alphabet of emotions and moods following such an arrest, the number one thing that person needs to do is keep their head. The DWI laws in Texas are tough period. If a person is convicted the punishment can be severe and conditions of probation can be tricky and when coupled with the driver’s license surcharges very expensive as well.

Below are five very common traps an individual charged with a DWI can fall into following the arrest.

Failing to Request an ALR Hearing

If you want to keep your driving privileges from being suspended following a DWI arrest, it is required under Texas law that you request an ALR hearing within 15 days of your arrest. Failure to do so will result in your driver’s license being AUTOMATICALLY SUSPENDED after the 40 day period runs out on the temporary license you have been issued. Remember, you may not win the ALR hearing, but the hearing provides and excellent opportunity to conduct pre-trial discovery in the case and put the arresting officer on the stand and examine him under oath. This experience could prove invaluable down the road when the trial date comes around.

Representing Yourself

The DWI laws in Texas can be complicated and combine elements of criminal, civil and governmental law. Without properly knowing the rules that govern the entire DWI process, you may prevent yourself from even presenting a meaningful defense. To achieve the best results on your case, you should choose a qualified, experienced DWI lawyer for the best possible outcome. A lawyer should be consulted as soon as possible to ensure the ALR hearing has been requested in a timely manner.

Choosing a Lawyer Based Solely on Cost

Your primary opponent in your DWI case is the State of Texas, which has almost unlimited resources (police, investigators, and lawyers) to prosecute. A DWI is essentially two actions: one case against you and another case against your driver’s license. You should expect to pay a fair and reasonable fee based on the time, effort, experience, and reputation of the lawyer. Simply going with the lowest price could ensure the least amount of effort toward your case. When looking for an attorney, be sure to be armed with questions and don’t be afraid to ask them to ensure that your rights are properly represented.

Not Taking the DWI Charges Seriously

If you are charged with a DWI, you need to take notice quickly. A conviction can result in large fines, jail time, tricky terms and conditions of probation, and the loss of your driving privileges. Moreover, a DWI conviction stays on your record FOREVER and can not be removed for any reason.

Failing to Appear at Court

This may seem like a simple concept, but you will need to stay on top of your court dates. When you posted your bond and were released from jail, you promised to appear at every subsequent court date. Failure to appear at any court date can result in your bond being forfeited and a warrant being issued for your arrest. In addition, the Judge could even decide to hold you in jail until your trial date.


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