What to do Right After Being Arrested for a DWI in Texas

Although being arrested in Texas under suspicion of a DWI is a very serious matter, it certainly does not mean that you are without legal options.  In addition to finding a qualified DWI defense attorney to represent you, there are also a number of steps you can take following your arrest that can maximize your chances of obtaining a more favorable result in your case.  These are as follows:

  • Take detailed photographs of the scene of your arrest.  Pay particular attention to tire marks, property damage (if applicable), and any unusual characteristics of the street and surrounding area.  Perhaps the lighting was bad, or, the road surface was uneven, which can call into question the fairness and accuracy of your field sobriety test.
  • Consider everything you did within 24-hours leading up to your arrest.  This includes considering how much sleep you had the night before, what you ate and drank during the day, any health issues you experienced, any medication that you may have taken, and who you were with both before and during your arrest.  Any of these issues can be used to defend against your charges (i.e. if you appeared to be visibly intoxicated yet you were taking medication, this can certainly help your case).
  • Return to the place where you had been drinking.  This includes speaking with all people that served you on the night of your arrest, as they are often more than willing to testify that you did not consume enough alcohol to cause you to become intoxicated.
  • If you were out with friends or anyone else, it is important to record where you were at, who drove to each location, the specific routes taken, and the timing at which each person arrived throughout the night.  Trials can be won through detailed testimony in this regard, which requires diligence and hard work on your part to put all of the right pieces together in your defense.
  • Within 15 days of your arrest (or 15 days after you receive a driver’s license suspension notice), be sure to request a hearing from the Texas Department of Public Safety.  This will be forfeited if you do not take this crucial step within the aforementioned timeframe.
  • Try and have your witnesses write down their recollection of what happened within 24-hours following your arrest.  Chances are, such evidence will be used in your favor and also, enable each witness to be deemed credible enough to testify on your behalf.
  • Do not hire the first criminal defense lawyer that comes along.  Not every attorney is qualified to handle your case, as DWI matters take time, experience and knowledge of the court, the judges and the prosecutor.  Being comfortable with your attorney is also crucial; if an attorney seems distracted or uninterested when meeting with you, it is time to move on and find a better fit.

For more information, or if you are facing DWI charges in Texas, it is important to work with a capable criminal defense lawyer to help you fight for your rights.  For more than three decades, our office has successfully defended thousands of individuals who have been charged with a full range of DWI-related offenses.   If you would like to speak to Mr. Pettit about your case, contact our firm today by calling 214-521-4567.  We accept most major credit cards and provide bilingual services in Spanish.

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