What to Do If I Have Been Arrested for DWI in Texas?

Getting arrested for driving while impaired (DWI) is always a scary and stressful experience. Most people do not know what to expect after the DWI arrest.

When a police officer arrests you and brings you to jail, it is hard to wrap your head around the fact that you have just been arrested. While your emotions are probably running high right now, it is essential to stay calm.

The worst thing you can do is panic. After all, being arrested for DWI in Texas is not as serious as an arrest for murder or robbery. Nonetheless, it’s still a serious matter.

You need a Lampasas County criminal defense lawyer to help you navigate the criminal justice system and start working on your defense strategy to get the charges reduced or dismissed.

What Happens After Your DWI Arrest in Texas?

When you get arrested for driving while impaired in Texas, there will be two processes in your DWI case:

1. An administrative hearing that may lead to the suspension of your driver’s license; and

2. A criminal justice process to convict you of DWI and impose a sentence if you are found guilty.

Following your DWI arrest, you will be taken to the nearest police station or jail. Depending on the circumstances of your DWI case, you may be released immediately or may remain in jail. You will also be given a court hearing date to face the criminal charges.

What Happens at an Arraignment After a DWI Arrest?

At an arraignment, you will have the opportunity to hear the charges against you. The arraignment is also an opportunity for you to plead:

1. Guilty

2. Not guilty

3. No contest

If you plead guilty at the arraignment, you are admitting guilt. It means that you will be sentenced for driving while impaired. If you plead not guilty, your DWI case will proceed to trial. Before the trial, you and your lawyer will have to attend hearings, participate in negotiations, file motions, and prepare paperwork.

It is advisable to be represented by an experienced criminal defense lawyer to defend yourself against DWI charges and handle your criminal case effectively. In fact, you should consult with a DWI lawyer before the arraignment to understand what defense strategy is best for your particular situation.

What to Do After an Arrest for DWI in Texas?

There are several steps you should take after your DWI arrest in Texas:

1. Refuse to speak with police officers by exercising your right to remain silent (however, you should still provide your ID and contact information);

2. Do not plead guilty at the DWI arraignment before you have a chance to consult with a defense attorney;

3. Request your administrative license revocation hearing to save your license (you have 15 days to request the ALR hearing); and

4. Speak with a Lampasas County criminal defense lawyer to represent your best interests at the arraignment and ALR hearing.

You need someone who has a lot of experience in representing clients in Texas DWI cases. A skilled defense attorney will fight on your behalf to help you achieve a positive outcome in your DWI case.

What Are the Possible Defenses to DWI Charges in Texas?

When facing DWI charges in Texas, it is imperative to have an effective defense strategy to avoid a conviction. A DWI conviction could lead to fines, possible jail time, and other consequences that may negatively affect the quality of your life.

However, since each DWI case is unique, you need to speak with an attorney to identify the best defense strategy for your particular situation. Some of the possible defenses to DWI charges include:

1. Your constitutional rights were violated during the arrest;

2. Improper stop by the police;

3. The police did not have probable cause to pull you over or arrest you;

4. The police officer failed to follow field sobriety test protocols;

5. You have a medical condition that makes you appear impaired;

6. The results of the field sobriety test, breath test, or blood test are inaccurate;

7. The blood test samples were stored improperly;

8. The arresting police officer did not read your Miranda rights at the time of the arrest;

9. Witness testimony is inaccurate or falsified; and

10. The evidence was tampered with.

These are some of the possible DWI defenses that could be used to avoid a conviction or reduce the charges. Talk to an experienced criminal defense lawyer to determine the best defense in your DWI case.

Can I Expunge My DWI Conviction?

If you have been convicted of DWI in Texas, you might wonder, “Is it possible to expunge the DWI conviction from my criminal record?” Unfortunately, the answer is no.

In Texas, people who have been convicted of DWI cannot remove the arrest or conviction from their criminal record. However, if you were not convicted, you could expunge your DWI arrest and charge if:

• No criminal charges were filed

• The court dismissed your DWI case

• You were found not guilty

• The appeals court overturned your DWI conviction

You Need a Lampasas County Criminal Defense Lawyer

Have you or your loved one been arrested for driving while impaired in Lampasas County or elsewhere in Texas? It is critical to schedule a consultation with a Lampasas County criminal defense attorney as soon as possible to discuss your specific case.

If you get convicted of DWI, you will face serious penalties ranging from harsh fines and license suspension to imprisonment. At the Law Office of Brett H. Pritchard, our criminal defense lawyers have a proven track record of success in Texas DWI cases.