Driving while intoxicated (DWI) in Texas happens when someone drives a vehicle in any public area while under the influence. Under Texas Penal Code (PEN) 49, you become intoxicated if your urine, breath, or blood shows an alcohol level of 0.08% or higher.

If you face DWI charges, remember you are innocent until proven guilty. The 6th Amendment of the U.S. Constitution gives you the right to legally defend yourself before a judge and seek a lawyer’s help. Here are vital steps to take after facing charges for a DWI.

Contact Your DWI Attorney Fast

Even if you have not been formally charged, you should consult a DWI attorney immediately after facing charges.

Your attorney will review the evidence, such as body camera footage, dashcam videos, and any available surveillance or traffic camera recordings, to understand what happened during an accident or traffic stop. They will find evidence to prove:

  • If the police officer had a valid reason to stop you
  • If the arresting officer followed proper procedures during the stop
  • If the officer had enough reason to test or arrest you for intoxication
  • If the laboratory experts tested the blood sample properly
  • If the officer correctly administered the breathalyzer or BAC test

Officers should follow specific rules when stopping drivers or performing drug and alcohol tests. If they make mistakes in these procedures, your defense lawyer might use that to dismiss your case. Additionally, breathalyzer and BAC tests can often be unreliable, giving your lawyer more reasons to seek a dismissal. A professional lawyer can use the available evidence to protect your rights.

Be Respectful to the Authorities

When dealing with police or other officials after a DWI arrest, you should be respectful. Avoid arguing or creating conflict. Make sure to attend all court hearings on time and present yourself well, including dressing appropriately.

However, being respectful does not mean you should say too much about what you had been doing before the DWI arrest. You can remain silent when arrested or afterward because the court could use anything you say against you.

Do not admit to drinking any alcohol. Instead, let the police and prosecutors prove that you consumed alcohol.

Stay Silent to Avoid Incriminating Yourself While in Police Custody

If an officer suspects you are impaired by alcohol or drugs during traffic stops, such as failing sobriety tests or showing signs of impairment, they can apprehend you and hold you in a detention cell. Before asking any questions after arrest, the arresting officer should inform you of your Miranda rights, including your right to stay silent and legal representation. If they do not provide this information, anything you say while in custody might not work against you in court.

Even if authorities do not read the Miranda rights, they can still use your statements in court. Therefore, you should only speak or answer questions once you consult your attorney. You will unlikely have a defense lawyer present during a roadside stop, so knowing the proper steps is essential. Officers may try to ask questions to make you say something incriminating. Having a plan in place can help if you find yourself behind bars.

Do Not Agree To a Plea Deal Without Your Lawyer Present

When you face an arrest for a DWI, do not admit guilt. Sometimes, your lawyer may suggest that you plead guilty if the prosecution offers a lighter sentence in return. If your attorney does not recommend this, insist on your innocence. A confession could lead to a plea deal or a reduced sentence, which helps you avoid lengthy trials. Make sure you understand and agree to the plea deal terms before accepting anything on your own.

Avoid Discussing Your Case with Anyone

Follow your defense attorney’s advice, and do not discuss your case with anyone. This action includes avoiding any mention of your case on social handles, where prosecutors can see it. Anything you say could harm your case later.

A solid defense against a DWI charge is to keep all details private and not share them with anyone who might spread the information.

Make Your Social Media Accounts Private

Prosecutors often search social media for damaging posts, photos, or videos. They can take things out of context to make you appear guilty. Keeping your social media public allows them to find evidence against you.

Post Bail

If you want to avoid spending multiple nights behind bars after facing arrest for DWI in Texas, you should settle the bail amount. Bail is the sum you pay to secure your release from custody. You can work on your defense plan with your DWI lawyer by posting the set bail. It also lets you seek ALR hearings. You will stay behind bars until trial if you do not post bail. The DMV will also suspend your driver’s license for long.

The bail sum for a Texas DWI varies and is not set in stone. It usually depends on your case’s specifics and the judge’s decision. For first-time DWI offenders, bail is typically around $500. However, several factors can influence your bail amount for DWI charges.

These factors may include the following:

  • Previous DWI convictions on your record
  • Refusal to submit to chemical testing to check the BAC level
  • Any restraining or protective order against you
  • Past conviction record, which may lead to a higher bail
  • Committing serious offenses such as assault while DWI or manslaughter
  • Being considered a threat to the public, which can result in a higher bail amount
  • The court where you are arraigned

After posting bail, you need to follow the rules imposed by the courts. Once you finish your case and meet all the conditions, the court can return your bail money. You may lose your bail refund if you miss a court date or break any bail rules.

In Texas, there are three main options to post bail:

  1. Cash bail—A defendant can pay the bail amount in cash or with a check directly to the courts.
  2. Property bonds—You can also allow the courts to place liens on your properties, such as your home or car. Property bonds enable your release from custody.
  3. Bail bonds—If you do not have the money required, you can hire a bail bonds service. They will post bail for you, but they usually charge a fee worth 10 percent of the bail amount for their service.

Sometimes, the court sets a high bail amount, which may require you to use a bail bondsman. Many bail bond companies charge a premium between 10% and 20% of the bail amount. If you follow all the bail bond rules, the bail bonds service will obtain their money back after the case ends, but you still have to settle the bail fee.

If you break any bail terms and the presiding court seizes your posted bail, the bail bondsman can take legal action to recover their money. Sometimes, the court may deny bail or free you without requiring bail.

You can request that the court lower your bail sum during a bail hearing. To do this, you should hire a skilled DWI defense attorney. A lawyer will ask the presiding judge for a lower bail amount for you. They will need to demonstrate why the courts should agree to this reduction.

Request a DMV Hearing

If authorities arrest you for DWI, they will automatically suspend your driver’s license unless you seek an Administrative License Revocation (ALR) hearing. You must schedule a hearing with the Department of Public Safety to challenge the suspension. This hearing is a civil matter and differs from the criminal case, though both relate to the same incident.

If you request the ALR proceeding, the state’s Department of Public Safety (DPS) could assign a judge to your case. During the hearings, the judge will decide if there is a compelling reason to arrest you for a DWI offense. If the court finds sufficient probable cause, they will suspend or cancel your license.

Requesting the ALR proceeding is crucial because it allows you to interrogate the arresting officers. Having a DWI lawyer at the proceedings is also essential. The lawyer has more experience and will know what to ask.

You should request the ALR proceeding because the state must prove why it should suspend your license. They primarily rely on the affidavit from the officer who arrested you, which reflects the officer’s account of the incident. You ensure their presence at the hearing by subpoenaing the arresting officer. Your DWI attorney can gather more details about your arrest. To suspend your driver’s license, the state must show that you either rejected a chemical test or the BAC level was over 0.08.

The DMV can revoke your driver’s license if you reject a breath or chemical test. However, they must prove that you indeed refused after your arrest. The state is responsible for showing that the law enforcer had reasonable cause to stop your vehicle. If they fail to prove this, the court can dismiss any related evidence, including your refusal to submit to the tests.

Have an Open Conversation with Your Lawyer About the Direction of Your DWI Case

While many DWI lawyers are available, only some have the necessary experience to effectively challenge and win DWI cases.

Even if you skipped the deadline, you still have the option to ask for an ALR proceeding. You can defend yourself against such charges by engaging an attorney. If you or a loved one cannot afford one, you can ask the authorities to offer you legal help. You have the right to legal counsel. Once you have an attorney, you can begin the discovery process.

During discovery, your lawyer will examine your case file. This file includes the police reports, arrest records, and videos of your arrest, which show what happened. You should hire an attorney well before trial so they have time to check the arrest videos. They can discuss the case with you and help you decide how to proceed.

After your lawyer reviews your file, you should have an open conversation about the DWI case. You need to understand what the reports say and check for any inaccuracies. If you notice any mistakes, let your lawyer know. Discuss the videos of the arrest as well. How do you appear in them? Are you following the officer’s commands? Did you have any speech issues during your arrest? These details will influence the case. If you seem calm in the videos, you may proceed to trial.

Before your trial, check with your defense lawyer about their track record in court. You could lose the DWI case if your lawyer lacks experience, even if the video shows you were calm during your arrest. Your legal counsel must be well-prepared, as the prosecution may have a strong argument. If the video makes you look intoxicated, consider a plea deal with the prosecutors.

After facing arrest, your memory may become unclear. You should share all the events leading up to your arrest with your lawyer as soon as possible. The details about what transpired during your arrest can be crucial for your case.

In a DWI case, every detail matters. It can be the key to winning or losing. To assist your attorney in defending you, provide them with information about your living situation.

You should inform your attorney about:

  • Any health issues, medications, recent injuries, or illnesses that could impact your well-being
  • Any stress from work, lost earnings, or injuries sustained when working
  • Personal matters like the loss of a loved one or divorce
  • The specifics of your activities before a DWI arrest

Keep this information private and only share it with your attorney. Your lawyer protects what you discuss with them under attorney-client privilege.

It is normal to feel worried about the results of the apprehension and the case. While it can be challenging, letting your lawyer handle the situation is wise. However, you should still check in with your legal counsel to stay updated on your case. You should know what is going on.

Your attorney will update you on critical events, such as your ALR proceedings, by keeping in touch. They will tell you when your hearing is and what you can expect. Your attorney will review options, strategies, and how the case will unfold.

Avoid Driving If Your License is Suspended

If authorities charge you with drunk driving, they may suspend your driver’s license, even if just temporarily. You must follow this rule and not drive with a suspended license. If you do and are caught, the penalties could be much harsher.

You can challenge a suspended license through an Administrative License Revocation hearing. You need to request this hearing within 15 days of your DWI arrest. Your lawyer can assist you with this and represent you during the hearing.

Take Your DWI Charge Seriously

Do not underestimate a DWI charge, even if many experience it. Every case is unique, and your drunk driving charge could have severe consequences under Texas laws, depending on the details.

A first DWI offense in Texas is a Class B misdemeanor with severe penalties. These penalties include:

  • A driver’s license suspension lasting from 90 to 365 days
  • A fine that can reach $2,000
  • Serving a jail term not exceeding 180 days
  • If a child is in the vehicle, the jail time increases to six months.

If you face charges for a second DWI within five years of a previous conviction, it becomes a Class A misdemeanor. This violation can result in a driver’s license suspension for up to two years, a fine of up to $4,000, and a minimum jail time of 30 days, extending to one year.

A third DWI conviction classifies as a third-degree felony in Texas. The consequences include a minimum of two years and up to ten years in jail, a driver’s license revocation for up to two years, and a fine that can go as high as $10,000.

Avoid Illegal Activities

You can easily negotiate with the prosecutor and defend your case if you do not further engage in crime before the court resolves your first case. Showing the prosecutor that you have avoided trouble can strengthen your position in plea deal discussions. It can also be effective when you go before the judge for sentencing.

If you face a misdemeanor DWI arrest, you likely will not stay in jail until your trial. At the arraignment hearing, the judge can release you on your “own recognizance” (OR). This option requires you to comply with the state laws.

For example, a judge may prohibit you from drinking alcohol or going to places that sell it. If you do not comply, the judge can sentence you to jail before your trial. The court can also set or raise bail if you encounter more problems.

Contact a DWI Defense Attorney Near Me

If you or a loved one is facing DWI charges in Fort Worth, TX, you should consult an experienced attorney to safeguard your rights. A knowledgeable DWI defense lawyer can assist you in creating a solid defense to improve your chances of a positive result.

At Andrew Deegan Criminal Attorney at Law, we focus on minimizing the consequences of your legal issues, whether it is your first DWI or a serious felony. Contact us today at 817-689-7002 for assistance with your DWI case.