What to Do if Arrested for a DWI
It is crucial to hire a lawyer any time that you are facing criminal charges, especially allegations of driving while intoxicated (DWI). Failing to hire a DWI defense attorney, even for your first offense, could result in devastating consequences.
The following informational guide was developed to help you know what to do if you are ever arrested for a DWI in Texas.
Texas DWI Laws
Texas has some of the harshest DWI laws in the nation. It is at the discretion of law enforcement as to whether an individual is too mentally and/physically impaired to operate a motor vehicle. This means that you could face DWI charges even if your blood alcohol level was not over the legal limit.
Do Not Leave Your Future to a Public Defender
When you show up to court without a lawyer, the first thing that the judge will offer you is the right to a public defender. While public defenders do have good intentions, they are not the answer to a successful defense case. This is because public defenders are paid for by the underfunded criminal defense system.
Public defenders cannot adequately represent their clients for several reasons that are no fault of their own.
Problems with Public Defenders Include:
- Lack of Specialized Law
- Heavy Caseloads
- Lack of Tools
- Insufficient Resources
Public defenders rely on government funding for any investigations into your DWI case. This lack of private funding is especially damaging when their requests for funding are denied
Your Future Without a DWI Defense Attorney
There are numerous consequences that are likely to occur if you do not have a criminal defense attorney fighting for you in the courtroom.
Increased Likelihood of a DWI Conviction
The prosecution pushes harder and is more successful in convicting a person who does not have a lawyer. This is because it is easier to push for and obtain maximum penalties when no one is present to fight back against them.
Click here to read more about the consequences, including penalties for a DWI conviction in Texas.
Decreased Likelihood of a Plea Bargain
Prosecutors will not offer the defendant a plea bargain if they have no reason to do so. When you have a DWI lawyer representing you, there is a decreased likelihood that the prosecution can secure a conviction. Therefore, they are more likely to strike a plea deal, potentially resulting in the lessening of charges. A plea bargain may help you avoid jail time and could even help you keep your driver’s license.
How Can a DWI Defense Attorney Help?
An attorney who specializes in DWI defense cases has the ability, knowledge, and reputation that can benefit you tremendously in the courtroom.
Ensure Fair Treatment
Many people who go to court without adequate representation are unknowingly mistreated. This is because the majority of people do not have extensive knowledge of proper, fair legal practices.
DWI defense attorneys know and understand the complex Texas legal system. Your lawyer will have the knowledge and resources to file motions against any mistreatment from members of the criminal justice system.
They can fight on your behalf against any injustices that occurred during your arrest, while incarcerated, and/or that may occur in the courtroom.
Potential Case Dismissal
The biggest benefit of hiring a DWI defense attorney is the potential for your case to be reduced, dismissed, or dropped.
An DWI Attorney Stays a Step Ahead
A DWI attorney also has the ability to stay one step ahead of the prosecution and knows what to do next. An attorney will keep you updated on your case, including evidence, testimonies, and other information as it emerges. Even if the judge rules against you in your case, an attorney can file an appeal of this decision.
Your Lawyer Fights for You
An attorney’s job is to fight back against anyone who stands against you in the courtroom. An attorney can question law enforcement, argue the prosecution, and create doubt surrounding your criminal allegations. These are critical elements in a successful defense case.