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What do I do next after being charged with DWI?

Call us if you have been charged with DWI

You or a loved one has been charged with DWI. This may be your first offense, or you may have been down this road before. Either way, you know how serious the charges are and that you need help. At Crain Lewis, LLP, we have helped hundreds of people in your situation. We won't tell you everything is going to be easy and this will all blow over. In fact we want you to be aware that what you do in the first few hours and days after being charged with DWI can make all the difference.

Hire an experienced attorney

If you are thinking about trying to save some money by using a public defender or handling all of this yourself, we would like to recommend that you reconsider. An experienced DWI defense attorney will know the best way to handle your ALR hearing to protect your driver's license. An experienced lawyer knows your rights and the strategies that the police and prosecutors are likely to use in their case. By having your own attorney at your side throughout the process, you will be protected from saying or doing anything that will be used against you in court.

Field sobriety test and other test results

Please don't think that cooperating with the police and prosecutors will help you. Let us make this clear. Their job is to convict you of a crime. Don't make their job easier. After the traffic stop, your goal is to minimize your exposure to DWI charges. Everything you say or do will be videotaped and used as evidence. The more you can avoid giving any hard evidence the harder it will be for the prosecutor to build a case. Your attorney will want your defense case to come down to the police officer's opinions about your driving and actions after the stop. It is a good idea to invoke your right to an attorney as soon as you realize that you have been stopped for suspicion of driving while intoxicated.

At the police station

The police are required to read you your rights and explain the consequences of taking or refusing the breath test or blood test. Refusing the breathalyzer test will not mean that you are pleading guilty and will face tougher criminal penalties. It may mean, however, that you face an increased driver's license suspension. An experienced attorney will clearly explain how your decision is likely to affect the outcome of your case.

We recommend that you do not say anything more to the police about the circumstances of your traffic stop or behavior until your lawyer is at your side at the police station. If you are facing more serious charges such as a felony DWI charge or intoxication manslaughter, you will need to understand exactly how your decisions and actions will affect your case.

Your ALR hearing

DWI charges involve two specific cases: The criminal case and the administrative license revocation (ALR) hearing. For many people, protecting their driving privileges or securing an occupational driver's license is just as important as preventing a conviction for the criminal offense. You have only fifteen calendar days to contact the Department of Public Safety to schedule a hearing regarding your driver's license suspension. You will not need an attorney to handle this, but an experienced DWI lawyer will know the procedures, the hearing officers, and how to use available evidence to your advantage. Your attorney may also be able to appear in court on your behalf, so you can remain on the job.

The criminal proceedings

Depending upon your charges, you may or may not be required to appear at your court hearing with your lawyer. That means that your attorney will need to be completely familiar with the facts of your case, as well as the personal story behind the facts. Be completely honest about every detail about the circumstances that led to the traffic stop and your behavior at the scene. Even if you were drinking the night of the arrest, there are often effective defense strategies to help you get the charges dismissed or reduced to a non-DWI offense. Everything you said or did at the traffic stop and police station may be used against you. Your lawyer can't help you if you don't work in full cooperation. At Crain Lewis, we strive for full and honest communication with our clients, and that is a two-way street. When your lawyers need answers, be quick to respond as completely as possible. Your attorney will always try to work toward the best possible outcome for your case. Our primary goal is to keep you out of jail.

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3400 Carlisle Street-Suite 300 Dallas, TX 75204