What to Do If You’re Arrested for DWI in Houston: A Step-by-Step Guide

An arrest in Houston for driving under the influence can lead to serious consequences. The steps you take during your arrest and immediately afterward can influence the outcome of your criminal case. Defendants have important rights that cannot be violated, for example. If you are unsure of what to do if you’re arrested for DWI in Houston, this overview will teach you the basics.

Remain Calm and Cooperate

Following an arrest outside Pier 36, LaCenterra at Cinco Ranch, the Grand Parkway, or elsewhere in Houston, remain calm. While you may think that a DWI arrest could never happen to you, law enforcement within the county commonly makes arrests for DWIs. Over the 2023 New Year’s weekend, Harris County recorded a total of 213 DWI arrests, while Texas reported 90,054 DWI charges that same year.

While it’s understandable to feel anxious when being arrested for DWI, it’s crucial not to escalate the situation. Arguing with the officer or resisting arrest could lead to additional criminal charges and added hardships. Cooperate with law enforcement by providing identification and vehicle registration. Remember not to answer questions that could incriminate you.

Know Your Rights

The right to remain silent is protected under the U.S. Constitution. Many DWI cases hinge on the statements made by the defendant during the arrest. If you feel uncertain or pressured by law enforcement, politely request to speak with a defense attorney.

If they ask if you’ve been drinking, politely decline to comment. A DWI is a serious crime, but law enforcement must respect your rights during the arrest process. Staying calm and refraining from discussing questions about your sobriety can help you later fight the charges.

You also have the right to an attorney. Seeking legal representation is not an admission of guilt. On the contrary, seeking legal representation is a fundamental right that protects defendants from false allegations. Remember, law enforcement is not required to inform you about all of your rights, so understanding these protections ahead of time is vital.

Understanding Field Sobriety Tests and Breathalyzer Refusal

Following a detention, law enforcement may ask you to undergo a field sobriety test or a breathalyzer to see if they have grounds to arrest you. While field sobriety tests are commonly requested, you are not required to participate. There may be benefits to refusing a field test unless you are 100% certain that you can perfectly perform the maneuvers.

Under Texas’s implied consent laws, you must comply with breathalyzer tests. Refusing to undergo this type of test can lead to an automatic suspension of your driver’s license, even if you avoid being found guilty of a DWI later on. While refusing a breathalyzer can complicate your case, it can potentially lead to difficulties for prosecutors later on.

Contact an Experienced DWI Lawyer

As soon as feasible, you should secure legal representation from an attorney. Having legal representation can protect you from self-incrimination because your lawyer can speak on your behalf to prosecutors and judges.

A skilled DWI attorney can assess your case, determine if your arrest was valid, and challenge the evidence presented by the prosecution. This could include questioning the reliability of the breathalyzer test, ensuring proper procedures were followed during your arrest, and evaluating the accuracy of field sobriety tests.

If you were unlawfully detained and arrested, your attorney can take steps to have the evidence deemed inadmissible in court. During a challenging time, having legal representation can relieve some of the burdens you are under because you’ll have a tireless ally fighting for your rights and a favorable outcome to your case.

FAQs

Q: What Happens When You Get Arrested for DWI in Texas?

A: After a DWI arrest in Texas, you’ll likely be taken to jail, booked, and asked to take a breath or blood test. You may be released on bond or held until arraignment. The arrest triggers both criminal charges and a possible license suspension. Getting legal help as quickly as possible is crucial, especially when requesting an administrative hearing to contest the suspension and start building your defense.

Q: Do First-Time DWI Offenders Go to Jail in Texas?

A: Yes, first-time DWI offenders can face jail time in Texas, even without prior convictions. Penalties vary depending on your blood alcohol content and whether there was an accident. While jail is possible, some individuals may qualify for probation or other sentencing alternatives. Outcomes depend on the facts of the case, your criminal history, and how your defense challenges the state’s evidence.

Q: Is Your License Suspended Immediately After a DWI in Texas?

A: Your license is not automatically suspended at the time of your arrest for DWI in Texas, but it can be suspended soon after. If you fail or refuse a breath or blood test, you have 15 days to request an Administrative License Revocation (ALR) hearing. Missing that deadline means automatic suspension. Requesting a hearing can delay or prevent suspension, so it is important to act quickly and carefully after arrest.

Q: How Do You Get a DWI Dismissed in Texas?

A: A DWI may be dismissed by identifying legal errors, challenging the traffic stop, or disputing test results. Common issues include a lack of probable cause, improper breathalyzer calibration, or violations of your rights. Dismissals depend on evidence and a strong defense strategy. Not every case qualifies, but exposing weaknesses in the prosecution’s case is often the key to reaching a dismissal or reduction.

Schedule Your DWI Consultation Today

Being arrested for DWI can be a life-altering experience. It’s important to remember that you have rights and the burden of proving guilt falls on the prosecution. The team at Segura & Kiatta understands the complexities of DWI cases in Houston and is committed to protecting your future.

From challenging the evidence to ensuring your rights are upheld, we work tirelessly to secure a favorable outcome for you. Contact Segura & Kiatta today to schedule your consultation and start building a strong defense. We’ll guide you through every step of the process and fight for a favorable outcome to your case.