After a DWI arrest in Texas, you might feel hopeless about beating the charges.
The evidence probably looks strong: police witness testimony, breathalyzer results, body cam footage, medical records. You might have even said something during the arrest that you're sure the prosecution is going to use against you.
But looks can be deceiving.
Police and district attorneys want you to think there’s no way to get out of a DWI charge. In fact, you can beat a DWI. People do it all the time. Almost 1 out of 5 Texas DWI cases end in dismissal, a not-guilty verdict, or have their cases deferred or amended, according to MADD.
Attorney Amanda Webb has successfully represented hundreds of Texans who have been charged with driving while intoxicated, and what helps her better serve her clients is her comprehensive understanding of how the system works, your rights, and the limitations of the prosecution’s evidence and arguments.
Pulled over for DWI? Do this to protect your rights.
Here are some tips put together by our legal team on how to improve your chances of beating a DWI charge:
- Keep your answers short and few. An officer that has pulled you over for suspicion of DWI is going to have a lot of questions for you. Your name and address are the only pieces of information you need to reveal. “I don’t know” is a fine response to many questions you may be asked after a traffic stop.
- Be polite. While declining to provide details, be polite and cooperate with orders. Give him the documents he asks for like your driver’s license and car registration.
- Say no. The answer to the question, “Do you know why I pulled you over?” is always “No.” You don’t know what an officer is thinking. This question is designed to get an early confession out of you.
- If asked to get out of the car, ask the officer if you are free to leave.
- If yes, leave.
- If no, ask to speak to an attorney before saying anything else.
- Do not agree to sobriety tests, to having your eyes tested, or another type of roadside test.
- Do not agree to blow into a handheld breath tester or another type of breathalyzer. Under Texas law, declining to take a breath test means that your driver’s license will likely be suspended for up to 180 days. This is preferable to a guilty conviction where the penalties include suspension of driving rights for up to 2 years. You can, and should, file an appeal of the suspension within 15 days of the incident.
- Do not lean against your car. The officer is watching your every move for signs of impairment that he or she can use to justify charges against you.
- Hire a DWI defense attorney. The penalties for DWI increase for each new offense. If you’ve been charged with driving while intoxicated, a guilty conviction could result in up to 1 year in jail or up to 10 years in prison, thousands of dollars in penalties, hours of community service, and the loss of your driver’s license for up to 2 years. A lawyer’s fee doesn’t compare to the cost of these penalties on the life you’ve built for yourself and your family.
- Do not discuss your case with other people. Only talk about the details of the incident and charges with a lawyer. Almost anyone else you speak with could be made to testify against you.
Experience counts when your freedom is at stake
Eastern Texas highway patrol and police — especially those in the Houston area, The Woodlands, Montgomery and Waller counties — spend a lot of time and energy patrolling streets and highways trying to catch drunk drivers. But they don’t always get it right.
If you're facing DWI charges, it's important that you consult with an attorney as soon as possible to protect your rights. You need a lawyer with a deep knowledge of Texas driving under the influence laws as well as the time and resources to fully investigate your case.
DWI Attorney Amanda Webb knows how to fight for the rights of Texans facing DWI charges because she has the knowledge and trial experience you need to get the best possible outcome in your case. If you or a loved one has been charged with DWI in Texas, contact us today for a free consultation to learn your legal rights and options.