Being arrested for driving while intoxicated (DWI) in Tarrant County can be a frightening and overwhelming experience, especially if it’s your first encounter with the criminal justice system. The stakes are high, and the consequences of a DWI conviction can be severe, including fines, jail time, license suspension, and a permanent criminal record. With Texas law enforcement increasingly cracking down on DWI offenses, it’s more important than ever to know what steps to take if you find yourself facing these charges.

Step 1: Stay Calm and Cooperate with Law Enforcement

The first thing you should do when you’re pulled over and suspected of DWI is to remain calm. Being nervous or agitated can make the situation worse, and law enforcement officers are trained to look for signs of impairment beyond just alcohol consumption. Cooperate with the officers by providing your identification, vehicle registration, and insurance information.

It’s important to remember that while you should comply with basic requests, you also have rights that need to be protected. This includes the right to remain silent and the right to refuse certain tests, although refusing may lead to immediate consequences such as the suspension of your driver’s license.

Step 2: Exercise Your Right to Remain Silent

You are not obligated to answer any questions about where you’ve been, what you’ve had to drink, or any other details that could be used against you in court. Politely inform the officer that you are choosing to exercise your right to remain silent until you can speak with an attorney. This is crucial because anything you say can be used as evidence in your case.

Even seemingly innocent statements can be misinterpreted or taken out of context, so it’s generally best to avoid discussing your situation until you have legal representation.

Step 3: Understand the Consequences of Refusing a Breathalyzer or Field Sobriety Test

In Texas, you have the right to refuse a breathalyzer or field sobriety test. However, refusing these tests can result in the immediate suspension of your driver’s license for up to 180 days. During a no-refusal weekend, common in Tarrant County, refusing to take a breath test will likely result in law enforcement obtaining a warrant for a blood draw, which can be done quickly thanks to electronic warrant systems.

While you may choose to refuse these tests, it’s important to understand that this refusal will not prevent the state from collecting evidence against you. The decision to refuse should be made carefully, considering the potential legal and personal consequences.

Step 4: Contact an Attorney Immediately

As soon as you’ve been arrested for DWI, your next step should be to contact a criminal defense attorney. The legal process following a DWI arrest can be complicated and fast-moving, and having an attorney by your side from the beginning is crucial to protecting your rights and ensuring the best possible outcome.

An experienced DWI attorney will guide you through every step of the process, from your initial arraignment to any pre-trial motions and negotiations. They will also help you understand the charges against you, the potential penalties, and the legal strategies available to defend your case.

Step 5: Understand the Legal Process

After your arrest, you’ll be taken to jail for booking, where your personal information, fingerprints, and photograph will be recorded. Depending on the circumstances, you may be released on bail or required to stay in custody until your court appearance.

Your first court appearance is known as the arraignment. During the arraignment, you will be formally charged with DWI and asked to enter a plea of guilty, not guilty, or no contest. It’s essential to have your attorney present at this stage to advise you on how to plead.

If you plead not guilty, your case will proceed to the pre-trial phase. During this phase, your attorney may file motions to suppress evidence, such as challenging the legality of the traffic stop or the accuracy of the breathalyzer or blood test. The goal of these motions is to weaken the prosecution’s case and potentially have the charges reduced or dismissed.

If your case proceeds to trial, your attorney will present your defense, cross-examine witnesses, and argue on your behalf. Depending on the evidence and the specific circumstances of your case, your attorney may also negotiate a plea deal with the prosecution to reduce the charges or penalties.

Step 6: Request an ALR Hearing to Save Your License

Following a DWI arrest in Texas, your driver’s license is at risk of suspension. You have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to challenge the suspension. If you do not request this hearing within the 15-day window, your license will be automatically suspended.

An ALR hearing is a separate process from your criminal case and focuses solely on whether your driver’s license should be suspended. At the hearing, your attorney can challenge the evidence against you, such as questioning the legality of the traffic stop or the accuracy of the breath or blood test. Successfully challenging the suspension can allow you to keep your driving privileges while your DWI case is pending.

Step 7: Understand the Potential Consequences of a DWI Conviction

A DWI conviction in Tarrant County can result in significant consequences, including:

• Fines: You may be required to pay fines ranging from $2,000 for a first offense to up to $10,000 for subsequent offenses or if there are aggravating factors.
• Jail Time: A first-time DWI conviction can result in jail time ranging from 3 to 180 days. Repeat offenders or those with a high BAC at the time of arrest may face longer sentences.
• License Suspension: Your driver’s license can be suspended for up to two years, depending on the circumstances of your case.
• Ignition Interlock Device: You may be required to install an ignition interlock device on your vehicle, which prevents your car from starting if alcohol is detected on your breath.
• DWI Education Program: The court may require you to attend a DWI education program or substance abuse counseling as part of your sentence.

The long-term consequences of a DWI conviction can also be severe. A criminal record can impact your ability to find a job, secure housing, or obtain certain professional licenses. Additionally, your car insurance rates are likely to increase significantly, and you may be required to carry SR-22 insurance, which is more expensive and required for high-risk drivers.

Step 8: The Importance of Hiring an Attorney

Given the serious consequences of a DWI conviction and the increasing crackdown on DWI offenses in Tarrant County, hiring an experienced DWI defense attorney is crucial. Your attorney can help you navigate the complexities of the legal system, challenge the evidence against you, and work to achieve the best possible outcome in your case.

At Jones Miyazono, our team of experienced criminal defense attorneys understands the challenges you face after a DWI arrest. We are dedicated to protecting your rights, guiding you through the legal process, and fighting for the best possible outcome in your case.

Protecting Your Future After a DWI Arrest

Being arrested and charged with DWI in Tarrant County is a serious matter with potentially life-changing consequences. However, with the right legal representation, you can protect your rights and work toward a favorable outcome.

If you’ve been arrested for DWI in Tarrant County, don’t wait to seek legal help. Contact Jones Miyazono today to schedule a consultation and learn more about how we can assist you in your defense. Our experienced attorneys are committed to providing you with the strong defense you need to protect your future.