SPECIAL REPORT:The 10 biggest mistakes most people make after being arrested for a DWI in Texas . . . and how to avoid them. 1. Not requesting a hearing within 15 days to try to save your license. Texas laws require an AUTOMATIC LICENSE SUSPENSION if you do not request this important hearing in time. Most DWI attorneys can assist you with this process before your appointment. 2. Not taking the matter seriously. DWI is very serious. Not only will you be criminally prosecuted, you also risk losing your license automatically for failing to request your hearing in time. 3. Not hiring an attorney. DWI law is not a simple criminal case. It involves civil law, criminal law, government law, traffic law and criminal procedure. Without a knowledgeable, experienced DWI attorney on your side, your ultimate fate is predictable. Only a qualified DWI lawyer can offer you the most choices for disposition. 4. Choosing an attorney based solely on cost. Your opponent in this lawsuit is the State of Texas. It has almost unlimited resources (attorneys, investigators, police, etc) to prosecute you. You should expect to pay a fair fee based upon the time, effort, experience and reputation of the attorney. If you choose the lowest price, you are certain to obtain the least amount of effort toward defending your case. 5. Not asking the attorney about her/his DWI experience. Most criminal defense lawyers treat DWIs like any other criminal offense, which can be a big mistake. In most large cities, a few lawyers have had the most experience successfully defending DWI cases. You should not be afraid to ask how many DWI cases an attorney handles per year. You can also ask how many cases the lawyer has taken to trial, and won! You also need to ask how vigorously they intend to fight for your license. 6. Driving while your license is suspended. Driving during any suspension is another crime which will result in your arrest and a separate prosecution. Additionally, your license will be suspended if convicted of this crime. 7. Taking the prosecutor's first offer. Accepting a plea, of any kind, is an admission of guilt and a complete waiver of your Constitutional rights. It's certainly no bargain for you. Plus, very few prosecuting attorneys have the authority to dismiss or even reduce a DWI offense. Without a thorough investigation of your case, you cannot possibly know whether or not their offer is reasonable. 8. Fail to appear in Court. You were released from jail because you posted some sort of bond. If you fail to appear for Court, your bond will be forfeited and a warrant will be issued for your arrest to bring you to Court to deal with your case. If your absence is flagrant, you may be jailed until your trial. 9. Talking to anyone but an experienced DWI attorney about your case. Every case is different. Different facts involve different provisions of the law. Friends and family may have had a similar experience, but the DWI laws change so frequently and the penalties have increased so severely, that the options available to you may be entirely different from those of others. 10. Think that talking to numerous attorneys will help you handle it on your own. Without an attorney, you are relying in the kindness and integrity of your major opponent. Without knowing the rules that govern the entire process, you may be prevented from even presenting any meaningful defense. |