Tips to Keep in Mind if You Are Ever Arrested for a DWI
DWI, Driving While Intoxicated, involves driving a vehicle at or above a legal blood alcohol concentration (BAC). The Centers for Disease Control and Prevention (CDC) states that, in most states, the BAC limit is 0.08%. All it takes is one lapse in judgment to be arrested and charged with DWI, resulting in potential fines or jail time.
In Houston, Texas, the city is renowned for its affordability, diverse economy with strong job markets in energy, healthcare, and tech, and rich cultural diversity. Apart from its advantages, there are massive concerns among people about DWI, and the matter of DWI arrests is taken seriously.
If you are charged or accused, hiring the best DWI defense attorney in Houston should be your first step.
What to Do Immediately After a DWI Arrest
If you are arrested for DWI, your first response is to stay calm. Any argument with the police will only worsen things because the police hope for co-operation and do not like confrontation or problems.
You should keep your answers to the police short and respectful. Give only the documents you legally must, such as your driver’s license, vehicle registration, and proof of vehicle insurance (you are not required to volunteer any other information, and your answers can be used against you later).
Take Note of Your Rights
Even upon arrest, you still have rights, the most important of which is your right to remain silent. Other than showing some form of identification, you can refuse to answer any questions that may incriminate or damage your case. You also have the right to contact an attorney.
If you have an attorney, you should wait until they come before making a formal statement. This way, you avoid saying something that can and will be misrepresented against you.
Cooperate vs. Protect Yourself
It is essential to know the difference between cooperating and protecting yourself. In some states, drivers are ordered to take breath or chemical tests. If you refuse, you automatically face penalties due to the state’s implied consent laws. And you could face an automatic suspension of your driver’s license. The National Highway Traffic Safety Administration (NHTSA) even states that refusal to cooperate can be used as evidence against you in court.
At the same time, you do not have to tell everything you know or admit any wrongdoing. Just be civil and firm in your rights.
Common Mistakes to Avoid After a DWI Arrest
After being arrested, most people make mistakes that they could have avoided. Below are common mistakes to avoid:
- Do not admit wrongdoing on the scene. Anything you say can and will be used against you.
- Do not post anything on social media. Anything and everything you say, comment, post pictures, etc., will become evidence.
- Do not fail to submit paperwork or appear in court. Failure to do so will compound your charges and penalties.
Taking these steps may not undo the damage of your arrest, but they will lessen the evidence that can be presumed against you.
Contacting a DWI Attorney
The biggest thing you can do is get an attorney as soon as possible. An experienced DWI attorney can guide you through the legal process and help you protect your rights. Lawyers can:
- Ensure the traffic stop was legal.
- Challenge the validity or accuracy of breath or blood tests.
- Negotiate with the D.A. for lesser charges or penalties.
- Represent you in court.
Legal representation can alleviate some stress and put you in a better position to achieve a favorable resolution.
Possible Penalties You May Face
In many states, the consequences of a DWI include penalties that depend on how severe the DWI is and how many offenses you have had. Penalties can include, but are not limited to:
- Fines assessed range from hundreds of dollars to thousands of dollars.
- States have jail time, even for first offenses.
- License suspension or revocation.
- Required alcohol education classes.
- An ignition interlock device on your car.
Long-term Consequences of a DWI
- A DWI arrest does not just end with fines and court appearances. Often, it results in long-term consequences that affect one’s day-to-day life.
- A DWI arrest will likely appear on your criminal background checks, limiting you to specific job opportunities.
- You can expect to pay higher car insurance rates.
- Some countries may not allow people who have a DWI on their record to enter (e.g., Canada).
- You are bound to have some fractured social and family relationships.
These long-term consequences are why taking care during and after an arrest is essential.
Important Takeaways
- Try to remain calm and respectful during the arrest/investigation.
- Only provide your name, driver’s license, and registration.
- Invoke your right to remain silent.
- You should cooperate with all required testing, but refuse any additional tests while aware of the refusal penalties.
- Find a lawyer as soon as possible.
- Do not discuss your case publicly.
- Realize that the consequences of a DWI go far beyond just fines or jail time.
If you have been arrested for a DWI, you may feel uncertain about how your arrest will affect your life in the future, which is normal. The way you respond in the moment when you are arrested for or charged with a DWI shapes the outcome of your overall case. Being aware of your rights, doing your best not to make mistakes, and seeking legal representation will help you move on with your life with fewer long-term consequences.
