7 Common Mistakes People Make After a DWI Arrest

Being arrested for a DWI is a stressful and confusing experience. Unfortunately, many people make mistakes in the aftermath that can worsen their situation. If you or a loved one has been arrested for DWI, avoiding these common pitfalls can make a significant difference in your case.

1. Talking Too Much to Law Enforcement

Why It’s a Mistake

  • Anything you say can and will be used against you in court. Many people try to explain themselves or talk their way out of the situation, inadvertently providing self-incriminating evidence.

What to Do Instead

  • Politely provide your name and identification, as required by law, but avoid answering further questions without an attorney present.
  • Remember your right to remain silent.

2. Refusing a Chemical Test Without Understanding the Consequences

Why It May Be a Mistake, or the Smart Choice

  • Texas’s implied consent law means that refusing a breath or blood test can result in an automatic license suspension for up to 180 days, if you don’t win your ALR hearing.
  • Refusal can also be used as evidence of guilt in court.
  • If you have been drinking or consuming drugs, refusing may be the smarter choice.  Putting more people into the chain of custody for a blood specimen and adding steps the officer has to take, which must be done correctly, may benefit your case.

What to Do Instead

  • While refusal limits evidence against you, it carries penalties. If you refuse, consult a lawyer immediately to navigate the consequences.

3. Failing to Request an ALR Hearing

Why It’s a Mistake

  • After a DWI arrest, you only have 15 days to request an Administrative License Revocation (ALR) hearing to contest your license suspension. Missing this deadline results in automatic suspension.

What to Do Instead

  • Contact a DWI defense attorney near you as soon as possible to ensure your hearing request is filed on time.

4. Posting About the Arrest on Social Media

Why It’s a Mistake

  • Social media posts can be used as evidence in your case. A seemingly harmless post or comment can contradict your defense or suggest a lack of remorse.

What to Do Instead

  • Avoid discussing the arrest or any related details online.  Only discuss your case with your lawyer.
  • Adjust your privacy settings to limit access to your social media accounts.  It is important to note that even if you mark your account or posts private, the State can subpoena the social media platform to obtain the posts.

5. Assuming the Case Can’t Be Won

Why It’s a Mistake

  • Many people plead guilty because they think the evidence is overwhelming. However, DWI cases often have weaknesses, such as:
    • Faulty breathalyzer results.
    • Errors in field sobriety test administration.
    • Lack of probable cause for the traffic stop.

What to Do Instead

  • Consult an experienced DWI attorney who can identify flaws in the prosecution’s case and build a strong defense.

6. Driving With a Suspended License

Why It’s a Mistake

  • Driving while your license is suspended adds new charges and penalties to your case, including fines and potential jail time.

What to Do Instead

  • Apply for an Occupational Driver’s License (ODL), which allows restricted driving for essential purposes like work or school.

7. Waiting Too Long to Hire an Attorney

Why It’s a Mistake

  • DWI cases move quickly, and waiting too long to hire an attorney can result in missed deadlines, like requesting an ALR hearing or filing motions.
  • Without legal guidance, you might accept unfavorable plea deals or fail to challenge key evidence.

What to Do Instead

  • Hire a DWI defense attorney near you as soon as possible. Early legal representation ensures your rights are protected and your defense is properly prepared.

The Bottom Line: Be Proactive After a DWI Arrest

Mistakes made after a DWI arrest can have long-lasting consequences, from license suspension to harsher penalties in court. By staying silent, meeting deadlines, and securing skilled legal representation, you can minimize the impact of the arrest on your life.

At David Smith Law Firm, PLLC, we’ve helped clients successfully navigate the aftermath of a DWI. Our experienced attorneys will fight to protect your rights and your future.

📞 Contact us today for a free consultation! Visit https://www.davidsmith.law/contact-us/ to get started.

Don’t let one mistake define your future—act now!