Avoiding Charges: Common Mistakes in DWI and DUI Cases

This overview blog aims to highlight common DWI or DUI mistakes to help individuals navigate Texas roads responsibly and avoid legal trouble. It is crucial to remember that in the state of Texas, strict laws are in place to combat impaired driving and ensure public safety. It is important to understand that Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) charges can have serious consequences, both legally and personally.

In this blog post, we’ll delve into the common pitfalls many drivers face and explore how to sidestep them. So buckle up as we embark on this journey to navigate Texas roads responsibly.

1. Understanding the Basics of Texas DWI or DUI Laws

Picture this: You’re pulled over on a Friday night, and the flashing lights in your rearview mirror signal trouble. Knowing the basics of Texas DWI or DUI laws can be your first line of defense to avoid mistakes.

To drive safely in Texas, you need to understand the state’s DWI or DUI laws. If you’re 21 or older, your blood alcohol level should be under 0.08%. But if you’re under 21, you shouldn’t have any detectable alcohol in your system. Remember these rules to avoid getting charged with DWI or DUI.

2. Drinking and Driving 

The biggest DUI or DWI mistake is driving after drinking alcohol. Choose a designated driver, use public transport, or get a ride-sharing service for a safe trip home. Planning ahead responsibly can avoid the serious consequences of a DWI or DUI charge.

3. Ignoring Driver’s License Suspensions

A DUI or DWI case often leads to an automatic license suspension. Ignoring or neglecting to address this issue promptly is a DWI or DUI mistake that can result in extended suspension periods and additional legal complications.

Having your license suspended can significantly restrict your mobility and lead to legal complications related to transportation. In Texas, you have 15 days after getting arrested to ask for a hearing (ALR) to save your license. If you don’t ask for this hearing, your license will be suspended automatically.

The ALR hearing not only lets you keep your right to drive but also allows you and your lawyer to examine the evidence the arresting officer has. Plus, if you drive with a suspended license, you could face more penalties on top of what you’re dealing with for DWI or DUI. It’s important to act fast to protect your license and understand the consequences.

4. Failure to Understand Penalties

Many individuals charged with DUI or DWI are unaware of the potential consequences. Penalties can include hefty fines, license suspensions, mandatory alcohol education programs, and even jail time. Understanding the gravity of these repercussions is crucial to making informed decisions throughout the legal process.

5. Undervaluing the Importance of a Designated Driver

The simplest solution is often the most effective. Before heading out for a night on the town, designate a sober driver or arrange for alternative transportation. Not utilizing ride-sharing applications and relying on traditional designated drivers is a mistake that can steer you into legal entanglements associated with a DUI or DWI arrest.

6. Breathanalyzer Testing

Breathalyzers are standard tools used by law enforcement to measure blood alcohol concentration (BAC) levels. Many drivers make the mistake of thinking they can outsmart these devices. However, attempting to trick or cheat a breathalyzer can lead to additional charges. It’s a good idea to work with the police officer, but remember that breathalyzer results can be challenged with the right legal help.

7. Difficulty with Field Sobriety Testing

Police use field sobriety tests to assess a driver’s physical and mental abilities. Struggling to perform these tests due to nervousness or a lack of coordination could lead to suspicion. While you have the right to refuse these tests, there are potential consequences to consider.

8. Failing to Invoke Your Right to Remain Silent

It’s an age-old saying, but it bears repeating: anything you say can and will be used against you in a court of law. Exercise your right to remain silent and wait for legal counsel. Admitting guilt without proper legal advice can weaken your defense and be one of the DWI or DUI mistakes to avoid.

9. Neglecting the Importance of Legal Representation

When faced with a DUI or DWI charge, the assistance of a skilled criminal defense attorney is invaluable. They can navigate the complex legal landscape, challenge evidence, and build a robust defense tailored to your case. Don’t handle this independently; instead, seek guidance from a qualified professional.

Arrested? Don’t Plea, Call Me!

Avoiding DWI/DUI arrest in Texas requires responsible choices and a deep understanding of the legal landscape. The outlined mistakes highlight pitfalls to sidestep, but perhaps the most critical decision is securing legal representation.

When facing a DUI or DWI conviction, hiring a skilled criminal defense attorney is not just beneficial; it’s essential. They navigate the legal complexities, challenge evidence, and tailor a strong defense for your case. With significant penalties at stake, from fines to license suspensions, having an advocate becomes a necessity.