Hand reaching for car keys next to an open beer bottle on a table symbolizing first dwi offenseOne moment, you are driving home from a delightful date with nothing more on your mind than the evening ahead; the next thing you know, your evening will be spent in a jail cell after being pulled over by police in Dallas. A DWI arrest can happen to anyone at any time. If it happens to you, itโ€™s crucial to remember the advice in this article, which includes:

  • What to do immediately after an arrest for Driving While Intoxicated (DWI) in Texas.
  • The possible consequences of a DWI conviction, including the impact on your driving privileges and professional licenses.
  • Some of the options and programs available for first-time DWI offenders.

What Should I Do Immediately After Being Arrested For A DWI In Fort Worth?

The first thing you should always do after being arrested and taken into custody is simple: stop talking.

If you have never been arrested before, you are unlikely to know that there are cameras and microphones in the back of police cars. What you do or say in the back of that squad car you can make your case much more difficult to defend.

Everything that you do โ€“ from the time you are stopped until the point that you are no longer in police custody and on camera โ€“ will be looked at by a judge and a jury. The best thing you can do is sit quietly.

Once you get to the jail, if you are fortunate enough to be able to post bond and get out, you want to find legal representation as quickly as possible if you have not already done so.

It should also go without saying that you should not, under any circumstances, post anything about your arrest on social media. Talk to your lawyer about your case โ€“ and nobody else.

Why Is It So Important To Reach Out To An Attorney Immediately After A Fort Worth Arrest?

After a DWI arrest, one of the first things that will happen is an automatic driverโ€™s license suspension if you refused to provide a blood or breath sample, or if you provided a sample that was over the limit. You can fight this, but the window to do so is very limited. You have just 15 days to request a hearing to contest the suspension. Failing to act quickly may cause you to miss this deadline, making it critical to get an attorney involved right away.

Moreover, if your arrest involved an accident or you lost control of your vehicle, the police might assume intoxication was the cause. However, if we can investigate the scene promptly, we might discover other explanations, such as road conditions, construction, or even a large pothole. Acting fast helps us gather critical evidence before itโ€™s altered or disappears.

Additionally, many businesses have surveillance cameras that may have captured the incident. That footage is often overwritten or deleted after a short period, so waiting even a week to contact an attorney could mean missing out on crucial evidence that could support your defense.

What Are The Immediate Consequences Of A First-Time DWI Arrest In Texas?

After your arrest, you will be booked and held in either a county or city jail. Shortly after, youโ€™ll appear before a judge who will set your bond. If you havenโ€™t already done so, this is the time to hire an attorney, even if it feels like a financial strainโ€”itโ€™s an investment in your future.

In addition to potential jail time, youโ€™ll also face an automatic license suspension if you refuse a blood or breath test or if your blood alcohol content exceeds the legal limit. This suspension can be challenged, but youโ€™ll need an attorney to navigate the process. If no action is taken, your license will be suspended by default.

The consequences extend beyond legal penalties. Many people lose their jobs over a DWI arrest, even if the charges are later dropped or dismissed. Employers may react to the stigma, making it all the more essential to get legal representation as quickly as possible to mitigate the damage to your reputation.

Lastly, you may face bond conditions, such as installing an interlock device on your vehicle or reporting to a pretrial supervision officer. Even if youโ€™re released on bond, these restrictions can limit your freedom until the case is resolved.

How Can A First-Time DWI Affect My Driving Privileges In Texas?

In addition to the automatic suspension, a conviction for DWI carries a mandatory driverโ€™s license suspension. However, you may be able to avoid this suspension if you receive probation and complete a required DWI education class within 180 days of being placed on probation. If you fail to complete the class in time, your license will still be suspended, even with probation.

Keep in mind that this suspension is separate from the administrative license suspension, which is handled through a hearing with the DMV. Both processes require timely attention from an attorney to safeguard your driving privileges.

Should I Take A DWI Class Before Or After A Possible Conviction?

While taking the class after a conviction is often mandatory, there can be advantages to taking it beforehand.

There are three things you have to do if you are on probation for a DWI in Texas, in addition to whatever else the judge decides to add:

  • You have to take a DWI education class.
  • You have to get a substance abuse evaluation done.
  • You have to attend a Mothers Against Drunk Driving victim impact panel.

In every DWI case, I meet with you to go over the evidence and we determine together if this is a case that we want to fight at trial, or if it is a case where our goal is to work out the most favorable deal with the shortest probation. If we decide to try to negotiate a favorable probation deal, you may very well want to get those three obligations out of the way early on.

Not only does this expedite the process, it shows that you are being proactive and will help us negotiate a shorter term of probation or lower fines.

What Is An ALR Hearing And Why Is It Important?

An Administrative License Revocation (ALR) hearing is your chance to contest the automatic license suspension following a DWI arrest. It also provides an opportunity to question the arresting officer under oath. This allows your attorney to lock in their testimony early, making it easier to challenge any inconsistencies should the case go to trial.

Having the officer’s statements recorded during this hearing gives your lawyer leverage to discredit them later if their story changes. Itโ€™s a critical step in building a robust defense.

How Does A First-Time DWI Charge Impact People Who Hold Professional Licenses?

For professionals in Texas, a DWI conviction can carry serious repercussions. Commercial Driverโ€™s License (CDL) holders are particularly at risk, as even a first-time DWI can lead to the loss of their CDL, potentially ending their career.

Other licensed professionals, including nurses, lawyers, and cosmetologists, are also vulnerable. Many licensing boards require immediate disclosure of any arrest, not just convictions. This disclosure can trigger a range of responses from the board, such as a suspension, license revocation, or placing your license on hold while they await the outcome of your case.

Given that regulations differ between professions and boards, itโ€™s crucial to consult with an attorney who is well-versed in the latest developments within your industry. Licensing boards frequently update their rules, and understanding these nuances can mean the difference between keeping your license and losing your ability to practice in your field.

What Other Consequences Can A DWI Conviction Have On My Life In Texas?

It is hard to underestimate the impact a conviction, even for a first-time DWI, can have on every aspect of your life. If you are charged with assault, it will obviously impact a custody battle โ€“ but so can a DWI. This is why I always coordinate with your family law attorneys to make sure no additional harm will be caused.

Those with immigration issues may similarly want to consult with an immigration specialist. Our team is up-to-date enough to spot most issues, but we always double-check with a specialist in the field when dealing with a different area of law just to make sure.

Is It Possible To Avoid Jail Time For A First-Time DWI Offense In Fort Worth?

If you’re arrested for a DWI in Fort Worth, Tarrant County, or anywhere in Texas, an initial stay in jail is unavoidable due to the booking process.

However, once you bond out and comply with court requirements, itโ€™s very unlikely that a first-time offender with a competent attorney will serve additional jail time. In most cases, probation is the typical outcome for first-time DWI offenders, making jail time rare for those who follow through with their legal obligations.

Are There Any Programs Available In Tarrant County To Help First-Time DWI Offenders?

Tarrant County offers limited diversion programs for DWI cases, but there are two options that may apply:

  • Veterans Treatment Court: Veterans with service-related issues may qualify for this program, which focuses on treatment and support rather than traditional prosecution.
  • Mental Health Diversion Program: Individuals with mental health issues that contributed to the DWI incident may be able to enter this program to receive treatment instead of facing prosecution.

Apart from these programs, the Tarrant County District Attorneyโ€™s office takes a tough stance on DWI cases. This approach sometimes leads to DWI charges even when there are alternative explanations for the incident, but a skilled attorney can help navigate these complexities.

Texas DWI Case Study: A Frustrating First-Time Offense

To understand how such an arrest can happen to nearly anyone, consider the case of Jane (whose name has been changed for the purposes of this article).

Jane is a lovely lady who had never been in trouble with the law before. She went out to lunch with some friends, where witnesses confirmed that she had one drink with lunch and several glasses of water.

As she was driving after lunch, she got in a horrible accident, careening into and off other cars at high speeds, and winding up in a ditch. It left a 100-yard-long trail of destruction, which can very well be a sign of severe intoxication behind the wheel.

As a result, the police assumed it was a DWI right from the start.

However, when we investigated, it turned out that Jane had an undiagnosed brain tumor that may have caused a seizure, which in turn caused the crash. That hypothesis was consistent with what was seen on the body camera video, as she quickly recovered from being almost catatonic to having a normal conversation. That video evidence was not consistent with intoxication.

Nevertheless, the prosecutors would not drop the case, so we went to a jury trial. We had to have a neurologist come and testify about her medical condition, how it can cause seizures, and how those seizures can cause symptoms consistent with what occurred.

In the end, it took the jury only about five minutes to come back with a verdict. Despite how the first thoughts of anyone at the scene would have been that she was surely intoxicated, we were able to get that not-guilty verdict โ€“ and our client got to put the situation behind her.

Are You Facing DWI Charges In Texas?

For more information on Navigating Your First DWI Offense In Fort Worth, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 694-7006 today.

Accessibility Accessibility
ร— Accessibility Menu CTRL+U