Getting arrested for Driving While Intoxicated (DWI) in Texas is serious — but what you do in the hours and days that follow can be even more important than the arrest itself. Many people make costly mistakes out of panic, confusion, or bad advice, and those mistakes can lead to steeper penalties, longer license suspensions, or even jail time.

If you've been charged with a DWI anywhere in Texas — whether in Fort Worth, Houston, Austin, or a rural county — it’s critical to avoid the common pitfalls that damage cases. Here are the 10 most common mistakes DWI defendants make in Texas and how an experienced DWI defense attorney like Jones Miyazono Attorneys at Law can help you correct course.

1. Talking Too Much to the Police

The Mistake: After being pulled over, many people try to explain themselves, thinking honesty will get them off the hook. They might admit to drinking, give too much detail, or try to talk their way out of the arrest.

Why It’s a Problem: Anything you say can be used against you. In fact, prosecutors often build their case from your own words.

How an Attorney Can Help: A defense attorney can work to suppress statements made without Miranda warnings and can build a defense strategy around any inconsistencies in the officer’s report.

2. Refusing the Breath or Blood Test Without Understanding the Consequences

The Mistake: Some drivers reflexively refuse a breath or blood test without realizing it triggers an automatic license suspension under Texas' implied consent law.

Why It’s a Problem: While you have a right to refuse, doing so comes with stiff penalties — including losing your driver’s license for up to 180 days.

How an Attorney Can Help: Your attorney can request an Administrative License Revocation (ALR) hearing to contest the suspension and argue that the refusal was lawful or mishandled.

3. Not Requesting an ALR Hearing Within 15 Days

The Mistake: Many people don’t realize they only have 15 days after their arrest to request a hearing to save their license.

Why It’s a Problem: Missing this deadline often means automatic license suspension — and you won’t have a say in it.

How an Attorney Can Help: A good attorney will immediately file for an ALR hearing and begin preparing to fight your license suspension.

4. Posting Details on Social Media

The Mistake: Posting about the arrest on Facebook, Instagram, or TikTok may feel cathartic — but it's a legal disaster.

Why It’s a Problem: Prosecutors can use your public statements against you, especially if they contradict what you say in court.

How an Attorney Can Help: Your lawyer will advise you to stay off social media and can file motions to prevent certain posts from being used in court.

5. Assuming a First DWI Isn’t a Big Deal

The Mistake: Some people think a first-time DWI is just a slap on the wrist — but in Texas, it’s a Class B misdemeanor with serious consequences.

Why It’s a Problem: A conviction stays on your record forever, raises insurance rates, and can affect employment and housing.

How an Attorney Can Help: Jones Miyazono Attorneys at Law can work to have charges dismissed, reduced to a lesser offense, or negotiate alternative sentencing like deferred adjudication.

6. Failing to Appear in Court

The Mistake: Missing a court date or not taking your legal obligations seriously.

Why It’s a Problem: Judges often issue bench warrants for missed court dates, and it can lead to more charges and a revoked bond.

How an Attorney Can Help: Your attorney will keep you informed, help you manage deadlines, and may even appear on your behalf for some hearings.

7. Driving with a Suspended License

The Mistake: After a DWI, many drivers assume they can still drive — or choose to do so anyway.

Why It’s a Problem: Driving with a suspended license in Texas is a criminal offense and can lead to jail time, fines, and longer suspension periods.

How an Attorney Can Help: An attorney can help you apply for an Occupational Driver’s License (ODL) so you can legally drive to work, school, or essential errands.

8. Not Hiring a DWI Attorney Quickly

The Mistake: Some people wait too long or try to handle their case without professional help.

Why It’s a Problem: The longer you wait, the harder it is to gather evidence, request hearings, and prepare a defense.

How an Attorney Can Help: The earlier your attorney is involved, the more they can do — from investigating arrest records to questioning law enforcement procedures and negotiating plea deals.

9. Accepting the First Plea Deal Without Understanding It

The Mistake: Overwhelmed defendants often accept the first plea deal offered by the prosecutor just to “get it over with.”

Why It’s a Problem: That plea might come with hidden consequences like probation terms, license restrictions, and long-term impacts on your criminal record.

How an Attorney Can Help: A seasoned DWI lawyer will evaluate whether the plea offer is fair — and often, they can negotiate a better deal or fight for dismissal.

10. Thinking the Case Can’t Be Won

The Mistake: People assume if they failed a breath test or admitted to drinking, they have no chance in court.

Why It’s a Problem: Defeatist thinking can lead to giving up — but DWI cases are very beatable, especially when rights were violated or tests were unreliable.

How an Attorney Can Help: Your lawyer can challenge the traffic stop, breathalyzer calibration, officer training, and more. Cases have been dismissed or reduced for far less.

Don’t Let One Mistake Lead to Another — Call Jones Miyazono Today

At Jones Miyazono Attorneys at Law, we’ve seen every kind of DWI case in Fort Worth, Tarrant County, and across Texas. We know what mistakes people make — and we know how to fix them.

Call us today at 1-817-335-0200
Local offices in Fort Worth, serving clients across Texas
Learn more or schedule a consultation at jonesmiyazono.com

You only get one chance to defend your rights. Don’t make another mistake. Let an experienced Texas DWI defense team help you protect your future.