Getting arrested for Driving While Intoxicated (DWI) in Texas can be overwhelming. The consequences are serious, but with the right steps, you can protect your rights and mitigate the impact of the arrest. A DWI is not just about fines and penalties—it can also affect your driver’s license, your insurance rates, and your reputation. Understanding the process and knowing what to do after a DWI arrest is crucial for anyone facing this situation.

In this blog, we'll cover key steps to take after a DWI arrest in Texas, from the urgency of requesting a hearing for your driver’s license to how to avoid common mistakes that can hurt your case.

Understanding the Urgency: Protecting Your Driver's License

One of the most immediate concerns following a DWI arrest is the status of your driver's license. In Texas, if you are arrested for DWI, you only have 15 days to request a hearing to keep your driver's license. This is an important deadline because without this hearing, your license may be automatically suspended.

Why is this such a big deal? Simply put, you need your driver’s license to go about your daily life—whether it's getting to work, running errands, or taking care of your children. Even after being arrested, you still need to be able to drive. By requesting a hearing within the first 15 days, you can delay the suspension of your license, and sometimes, the delay can last for months.

During this time, you may be able to drive legally while you wait for your case to be heard. If your license is eventually suspended, you may be able to get an occupational driver’s license, which allows you to drive to work and take care of essential tasks. Protecting your license should be one of your top priorities after a DWI arrest.

Don't Incriminate Yourself: The Biggest Mistake to Avoid

One of the most common mistakes people make when pulled over for suspicion of DWI is talking too much. It’s natural to want to explain yourself or offer excuses, but this can be damaging to your case. You are not required to incriminate yourself when speaking to law enforcement, and sometimes, the best strategy is to stay calm and say nothing at all.

For example, when asked how much you've had to drink, it’s crucial not to make statements that could be used against you later. In Texas, the police are trained to ask questions that may seem innocent but are actually designed to confuse you and make you look guilty. A simple question like “How many drinks have you had tonight?” can lead to a divided attention test, where you're asked to perform multiple tasks at once, like providing your ID while answering questions. This can make you appear nervous or uncoordinated, even if you're simply trying to comply.

Instead of responding directly to questions about your drinking, it’s advisable to avoid saying anything incriminating. Remaining calm, providing your ID when asked, and following the officer’s instructions can help you avoid making a bad situation worse.

Social Media Mistakes: What You Post Can Be Used Against You

Another mistake that many people make is sharing their experiences on social media. It may seem harmless to post about your night out, but in the event of a DWI arrest, anything you post can be used against you in court. If you document your drinking or your behavior while intoxicated, those photos and videos can be pulled from social media and used to strengthen the prosecution’s case against you.

It's important to be mindful of what you share online, especially when you're facing legal issues. Even if you delete posts after your arrest, the damage may already be done. Deleting posts can be viewed as tampering with evidence, which is a serious offense in itself.

The best approach is to refrain from posting anything related to your arrest or the events leading up to it. If you’ve already posted incriminating content, it’s essential to avoid deleting it, as doing so could lead to further legal trouble. Always be cautious about what you share, as social media can come back to haunt you.

Respect for Law Enforcement: How Your Behavior Impacts Your Case

How you behave during the arrest process can also affect the outcome of your case. Police officers and prosecutors pay attention to the way you treat law enforcement officers. If you are rude, uncooperative, or confrontational, this can reflect poorly on you in court.

On the other hand, if you remain calm, respectful, and compliant, it can improve the perception of your case. Judges and prosecutors are human, and they notice the tone and attitude of the individuals involved. In many cases, a respectful demeanor can lead to better outcomes, as it shows you are taking the process seriously.

One of the key pieces of advice we give to clients facing a DWI arrest is to treat the process with respect. The situation may be frustrating, but being combative will only harm your chances. If you remain polite and professional, you may find that the court and law enforcement are more willing to work with you.

Why You Need a DWI Attorney: Don’t Handle It Alone

While it may be tempting to handle a DWI case on your own, this is rarely a good idea. Many courts won’t even allow defendants to represent themselves in DWI cases. Navigating the legal system without an experienced attorney can lead to costly mistakes and poor outcomes.

Think of it like this: Imagine playing a game of basketball against someone who has never played before. They don’t know the rules, and they’re constantly making mistakes. In the same way, handling your DWI case without a lawyer can cause serious problems. A qualified DWI attorney knows the laws, understands the procedures, and can provide the knowledge needed to handle your case effectively.

In addition to legal knowledge, a DWI attorney can also help you with the paperwork, file necessary motions, and ensure that all of your rights are protected. Whether it’s requesting a hearing to protect your driver’s license or negotiating with the prosecution, a skilled lawyer is invaluable.

Next Steps: What to Do After a DWI Arrest

1. Request a Hearing – Remember that you only have 15 days to request a hearing to protect your driver’s license. Don’t delay this step, as it can prevent your license from being automatically suspended.
   
   
2. Avoid Self-Incrimination – Don’t say anything that could be used against you in court. You have the right to remain silent, and it’s often best to exercise that right.
   
   
3. Be Cautious on Social Media – Don’t post about your arrest or drinking, and avoid deleting anything that might be used as evidence.
   
   
4. Be Respectful to Law Enforcement – The way you treat officers can affect the outcome of your case. Always remain calm and professional.
   
   
5. Hire an Experienced DWI Attorney – Handling a DWI case on your own can lead to mistakes and poor outcomes. Contact a skilled DWI attorney to ensure that your case is managed properly.
   
   

If you’ve been arrested for DWI in Texas, don’t wait to get the legal help you need. BRCK Criminal Defense Attorneys are here to guide you through the process and protect your rights every step of the way.

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