7 Things To Know After Being Arrested For A DWI In Houston Texas
Being arrested for a DWI can be a very confusing and stressful experience. One that can make you feel like you are in a corner with little to no options.
- Is it a good idea to speak with law enforcement officers?
- Should you hire a DWI attorney to represent you?
- Is jail in your future? What should be your next course of action?
These are common questions that people ask themselves at the time. We know how difficult it is to stay grounded when you are faced with DWI charges, especially if this is something that you have never experienced before.
Here are 7 points to keep in mind if you are in this situation.
1. Failing a field sobriety test does not mean that the prosecution has solid proof.
Many times this is entered as undeniable proof that someone was under the influence, but many defense experts know that this is disputable.
In some cases, these tests are only used as a method of having proof against you when you head to court. For instance, if you are asked to stand on one leg and you cannot, this is deemed proof of intoxication.
The reality is that numerous weather, physical and medical issues that can contribute to a failed result. In addition, these tests have to be administered precisely. If this is not all considered when the test is given, the results should not be made admissible.
Do not allow these tests to make you afraid. The Butler Law firm knows many ways to defend you in court if you have failed a sobriety test.
2. Breath and blood tests are not solid evidence.
Regardless of what you have been told and what you have seen on those TV crime dramas, it is just not that simple. While they are often looked at as rock-solid evidence, there is a margin of error that cannot and should not be ignored.
Blood samples are handled by many different people and there is always a chance that contamination has occurred. The machines used for these tests are not perfect either. They have to be calibrated regularly and maintained properly. If not, the results they are giving may not be accurate at all.
Whether you agreed to a breath or blood test or you are in an area where you are not allowed to refuse, a qualified DWI lawyer will have all of the skills needed to challenge this.
3. Police can make errors.
A DWI charge does not mean that you are automatically guilty. Police are humans, which means that they can make mistakes like the rest of us. Keep in mind that errors during the field sobriety test are not the only type. They can also fail to adhere to the law as they are required to do. As a result, the case is skewed from the start.
There are many cases where entire cases were dismissed because the arresting officer made a mistake somewhere during the process. A bad arrest does not have to lead to a conviction.
4. A license suspension can be challenged.
After you were arrested for DWI, it is very likely that the public safety department in Texas started proceeding to have your license revoked or suspended. If you took the word of the police, you probably believe that you have no choice in the matter.
This is not the case at all.
Once you have received a notice about your license being revoked, you have 15 days to dispute this. Your attorney can request a hearing where the suspension can be contested. When the request is filed, your suspension is placed on hold until after the hearing.
Driving with an occupational license and paying huge fees to get your license back is not the only choice you have. We have challenged numerous DWI license suspension hearings.
If you received notice recently, there is only a small window of time where this can be fought. Get in touch with a DWI lawyer right away to get the process started.
5. Calling a bondsman is not necessary.
If you were tossed in jail for a DWI charge, you are probably focused on getting out to be with your loved ones and prepare for the legal battle ahead of you. Most people think that calling a bondsman is the only way to expedite the process.
There is actually a much faster route -getting in touch with a qualified defense attorney. In the state of Texas, as long as an attorney has been hired to defend you, they can act as your bondsman.
You can actually save money and speed up the court process by having your attorney post your bond. Hiring a skilled attorney who will add your bond to your legal fees is the best course of action.
6. All lawyers are not the same.
As you may have figured by this time, DWI cases are typically very tricky. Every case has its own legal, physical and scientific factors that make it different from the others and all of this must be considered when you head to court.
Consider this: You would not hastily hire a random doctor to operate on your brain, especially if that is not their specialty. This is the same as hiring a random attorney to help you with a DWI case.
When your life, license and everything else is on the line, you need a DWI attorney that stays current and maintains certifications in this particular specialization. Finding a cheap lawyer should not be your focus. The goal should be to find someone who will offer you the best outcome.
Jim Butler specialized in drug and DWI cases. Nothing else. Defending Texans against DWIs is our focus, period.
7. You can wage a battle against DWI charges.
Police will try to make you believe that a guilty verdict is the only possible outcome, but there are legal maneuvers your attorney can use to ensure a different result.
Having a solid criminal defense attorney fighting your DWI charges is essential if you want to regain your life. We have won many trials and have had hundreds of charges dismissed without having to go to court at all.