Driving while intoxicated (DWI) charges in Texas carry serious penalties that can dramatically impact your freedom, finances, and future opportunities. These charges often come with harsh fines, license suspensions, possible jail time, and a permanent criminal record that may affect employment or housing options. If you find yourself stopped or arrested for a DWI, knowing what mistakes to avoid can be the difference between a manageable legal process and a devastating outcome. At BRCK Criminal Defense Attorneys, we have years of experience defending clients against DWI charges throughout Texas. This guide outlines the most common errors people make during a DWI stop and arrest, along with practical advice on protecting your rights at every step.

What Should You Say (or Not Say) to the Police?

The very first moments of a traffic stop set the tone for everything that follows. It can be tempting to explain yourself or volunteer information, especially if you feel nervous or pressured. However, this is one of the biggest mistakes a person can make during a DWI stop. Anything you say to the officer can be used against you in court. Even statements meant to sound innocent or cooperative might be twisted to suggest guilt or impairment.

The best approach is to remain polite, calm, and respectful while limiting your answers to only what is legally required. You do not have to answer questions about whether you have been drinking or how much you have had. You have the constitutional right to remain silent, and exercising that right can protect you from self-incrimination. If asked, you can simply say you wish to remain silent and would like to speak with an attorney before answering further questions related to your sobriety or the incident.

Remember, cooperating does not mean volunteering information. The police will observe your behavior and use whatever you say as part of their case. Staying silent until you consult with an attorney helps ensure your words do not unintentionally harm your defense.

Why Are Field Sobriety Tests Risky?

Field sobriety tests (FSTs) are physical exercises officers commonly use to assess whether a driver is impaired. These include tests like the walk-and-turn, one-leg stand, or following an object with your eyes. While these tests are widely used, they are not foolproof or perfectly reliable indicators of intoxication.

Several factors unrelated to alcohol or drugs can affect your ability to perform these tests correctly. For example, physical injuries such as a bad knee, balance problems, age-related mobility issues, or even simple nervousness can impair your performance. Environmental conditions also play a role—uneven or slippery road surfaces, poor lighting, or extreme weather can cause anyone to stumble or fail.

Because of these variables, failing a field sobriety test does not automatically prove you were intoxicated. However, refusing to take these tests can have consequences, such as automatic license suspension under Texas law. It’s essential to understand the risks and potential outcomes before deciding whether to comply. Consulting a knowledgeable DWI defense attorney can help you weigh the pros and cons of field sobriety tests in your specific case.

When Should You Agree to Chemical Tests?

Chemical tests, such as breathalyzers or blood draws, are the primary evidence used by law enforcement to prove intoxication in Texas DWI cases. These tests provide measurable blood alcohol content (BAC) levels and are typically required to establish legal intoxication.

However, it’s important to know that you are not always required to submit to chemical testing without consequences. Under the Texas Implied Consent Law, by driving in Texas, you have implicitly agreed to submit to breath or blood tests if lawfully requested by an officer suspected of DWI. Refusing these tests can lead to automatic suspension of your driver’s license for a specified period.

Despite this, there are strategic reasons why someone might choose to refuse or delay chemical testing, particularly if the test procedures were not properly followed or if you have medical conditions that could affect results. Each situation is unique, and understanding when and how to refuse these tests can be a critical part of your defense.

Because refusal and compliance both carry risks, it’s essential to have a skilled DWI defense attorney who understands the intricacies of Texas law. They can help you navigate your choices and craft the best legal strategy tailored to your case.

What To Do Immediately After Arrest

Being arrested for a DWI is a stressful and frightening experience, but your actions immediately following the arrest are crucial. How you handle the situation can influence the strength of your defense and future outcomes.

First and foremost, politely decline to answer any questions without your attorney present. Anything you say after arrest may be recorded and used against you. Do not consent to additional tests or searches unless required by law or your attorney advises otherwise.

It’s also important to clearly request to speak with a lawyer as soon as possible. Early legal guidance helps ensure that your rights are preserved. A good attorney can evaluate whether the arrest and evidence were lawful, advise you on next steps, and begin building your defense strategy immediately.

If you are released on bail, follow all conditions of your release carefully, including attending all court hearings. Failure to do so can result in additional penalties and damage your case.

Why Hire BRCK Criminal Defense Attorneys?

DWI charges in Texas involve complicated laws, strict procedures, and tight timelines. A strong defense requires deep legal knowledge and experience navigating Texas courts.

At BRCK Criminal Defense Attorneys, we understand the challenges you face and work tirelessly to protect your rights. We carefully analyze the facts of your case, review evidence for procedural errors, and develop personalized defense strategies designed to minimize the impact on your life.

We provide free consultations to discuss your situation honestly and help you understand your options. Whether it’s challenging the legality of a traffic stop, questioning the accuracy of tests, or negotiating with prosecutors, our team is dedicated to fighting for the best possible outcome.

Don’t Wait—Protect Your Future Today

If you or someone you know is facing DWI charges in Texas, it’s critical to act quickly. The decisions you make now can have long-lasting effects on your freedom, finances, and reputation.

Avoid common mistakes during a DWI stop and arrest by staying informed, remaining calm, and seeking prompt legal assistance. Contact BRCK Criminal Defense Attorneys today at 866-326-3913 or visit www.brckdefense.com for a free consultation.

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