The following – in no particular order - are the biggest mistakes people make when they are arrested for DWI:

• Not taking the whole thing seriously enough.  A DWI conviction will haunt you for the rest of your life.  It will show up on a background records check with the Texas Department of Public Safety (DPS) until the day you die, and if you pick up a second DWI charge – no matter how much time has passed - the law allows your old DWI conviction to be used to enhance the new charge.  A third DWI is a 3^rd degree felony.  Ponder that one for a moment if you will.  Additionally, those blood and breath tests the cops want you to take after a DWI arrest can and will result in the suspension of your driver’s license.  The subsequent spike in your insurance premiums alone could add up to thousands of dollars each year, and your premiums could go up still further if you wind up with a conviction.  And, on top of everything else - all the court costs and fines and required classes and drug tests and monthly probation fees that the court will require of you - the Texas Department of Public Safety will also hit you with what they call a "surcharge" that you have to pay in order to keep your license valid.  For a first time DWI, this “surcharge” typically runs from three thousand to forty-five hundred dollars in additional expense, depending on the facts of your case.

• Representing yourself in court.  The laws pertaining to DWI charges are complex and frequently changing, as is the science of intoxilyzer machines and alcohol absorption rates and human metabolism-related issues.  You need proven, aggressive, experienced representation to effectively deal with these issues.  If the right defenses and objections are not raised at the right times, they will be lost.  A good case can quickly become a bad one if you do not have a competent, proven attorney in your corner to protect your interests.

• Hiring an attorney based solely on the amount of the fee.  Look at it this way; in any criminal case, it’s you against the State.  And the State has nearly unlimited resources when it comes to prosecuting you.  It only makes sense that you should hire the best, most experienced attorney that you can afford.  Be realistic.  Be prepared to pay a fee that will allow your chosen counsel to put forward the necessary time and effort and expertise to offset the prosecution’s almost limitless pockets.  Look for a reasonable fee, preferably set forth in a written contract for representation, not just the cheapest lawyer you can find.  In the courtroom arena, just as in every other arena in life, you get what you pay for.

• Failing to obtain an occupational (temporary) driver’s license and/or failing to request an ALR hearing within 15 days of your arrest.  When you were arrested, if you refused to take a blood or breath test, or if you submitted to a breath or blood test and failed it, your license was probably confiscated by the police.  The back of the yellow statutory warning forms they gave you (or should have given you) inform you that you have the right to challenge the suspension of your driver’s license by requesting an administrative license review (ALR) hearing within 15 days of your arrest.  If you do not make this request, or fail to make it within the prescribed time-frame, you cannot operate a motor vehicle for anywhere from 90 to 180 days for a first-time offense unless you have petitioned for and received an Occupational Driver’s License (ODL) from the court.  If you do not seek an ODL and you choose to drive during the period of suspension, you are committing another criminal offense at the class B misdemeanor level, equal to a first-time DWI offense.  If you are caught, you will be rearrested and have to post bond all over again and have yet another charge to deal with in court.

• Driving with a suspended license.  If your license is suspended, you have no right to operate a motor vehicle.  Period.  As noted above, an arrest for driving while your license is suspended (DWLS) falls into the same penalty category as a first-time DWI offense.  If convicted of DWLS, you could be looking at a minimum driver’s license suspension of one year (on top of any suspension you are already serving), plus you’ll be fined and be forced to pay court costs and you could be sentenced to as many as six months in jail.  Call us to see if you are a candidate for an Occupational Driver's License.  An Occupational License is a provisional license granted by the court that allows you to drive legally during the suspension period.

• Accepting the first plea bargain offer made by the District Attorney.  By and large, the first plea offer made by the prosecution isn’t a “bargain” at all, it's just a way for them to get a conviction on your case with virtually no effort on their part.  Do not have any delusions that your case will be dismissed or reduced to some lesser-included, non-alcohol charge.  You have a better chance of winning the lottery.  By taking the first plea offer made, you’re shooting yourself in the foot and probably getting hit with higher fine amounts, more community service hours, and a longer period of probation (among other things) than a seasoned trial attorney would have been able to negotiate on your behalf.  Remember, you pose no threat to the DA.  You don’t know how to put on a criminal case and he/she knows it, so there is no incentive to offer you a “great” deal.  But throw a tried-and-true criminal defense veteran into the mix and watch how the terms of that plea offer change.

• Failing to show up for required court appearances.  If you miss a required court date, even if your lawyer is standing right there looking the judge square in the eye, the Court will revoke your bond (including cash bonds) and issue a warrant for your arrest.  So the next time you get pulled over for some minor traffic violation, instead of just getting a ticket you’ll be on the bonus plan - a nice long trip to the jail, the pleasure of booking in all over again, and re-posting a bond for your future court appearances.

• Talking to anyone other than a licensed attorney about your case.  Communications between you and your attorney are privileged.  Nobody gets to know what you tell me.  But anything you say to a friend or a co-worker or some cute guy/gal at the bar are not privileged and can be used against you in a subsequent proceeding.

• Talking to a bunch of attorneys and trying to take care of your case on your own.  DWIs are expensive and cumulative and complex in nature.  You need an attorney to handle this for you.  Even if you decide not to hire us, you should still find and retain an attorney whom you feel comfortable with, who you trust, and who you believe will represent your best interests, be it a plea or a trial.  You’ll be glad you did.  

Watch our DWI video on YouTube

http://www.youtube.com/watch?v=drzXd7S1y-A

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