5 Steps You Should Take After a Drunk Driving Arrest

Due to the increased dangers posed when a driver gets behind the wheel of a vehicle after he or she has been drinking, the DWI laws in Houston and throughout the state of Texas, are extremely harsh. Any person arrested for drunk driving can expect to receive no leniency on both the charges and on the intensity with which a conviction is pursued. The most effective way to protect your interests and preserve your freedom is by following a series of five key steps.

The first step you should take after a drunk driving arrest is to immediately retain counsel from an experienced Houston DWI attorney. When facing DWI charges in Texas, you need an attorney with an extensive knowledge of the science behind breath and blood testing, breath testing units and blood alcohol concentration. You also need an attorney with a background in Texas DWI defense. The founding attorney at Jim Medley & Associates, P.C. has been practicing law for more than two decades. He is a former police officer, a trained DWI sobriety test instructor, and a seasoned criminal defense attorney. He also knows the tactics and factors often used by the prosecution and arresting officers to influence the outcome of DWI cases and he will work hard to help you to pursue the most positive conclusion to your case.

Step two is to remain calm, do not argue with the police, but remain respectful and exercise your right to remain silent. If you refuse the chemical test, you will lose your license. You may have the opportunity to challenge the evidence against your successfully, and refusing the breath or blood test is not advised.

The third step you need to take must be completed within 15 days of your arrest. When an individual is placed under arrest for a DWI in Texas, the driver’s license will be confiscated by the arresting officer. The only chance to avoid having your driver’s license automatically suspended is to schedule an administrative hearing. Your attorney can help you request and the hearing, and represent you when it takes place. Should you fail to take this step, your driver’s license will be automatically suspended.

The fourth step is to be very careful that you do not violate any additional driving laws. Having your license confiscated means that you are not legally allowed to operate a motor vehicle. Your attorney will be able to help you determine if you are eligible to apply for an occupational or restricted license so that you can perform the day-to-day duties associated with your job or home life.

Step five is to work closely with your attorney to document everything you recall about your arrest, what took place in the 24 hours leading up to your arrest, what you believe caused the officer to pull you over and all other details. Inform your attorney of any witnesses who may be able to testify as to your state in the hours prior to your arrest. Photos and other documentation may also prove to be essential in building a successful defense strategy. With his experience as a DWI sobriety test instructor, your attorney will carefully scrutinize every detail regarding the administration of the breath test. Errors are not uncommon – you may be able to get the DWI charge dismissed if this occurred in your case.

In the state of Texas it is not uncommon for an employer to terminate any employee arrested for DWI, regardless of whether or not he or she has been convicted. Before you inform your employer of your arrest, consult with your attorney to review your legal rights. There is no reason to lose your job and the source of income you use to provide for yourself and your family. Contact us at Jim Medley & Associates, P.C. today for more information about DWI defense.

The firm has helped numerous clients get the charges against them reduced, dismissed or to fight for a full acquittal at trial. Attorney Jim Medley is familiar with adversity and he does not back down when complications arise. He uses the information and experience he has garnered over the years to provide clients with the aggressive representation they will need to seek to maintain their freedom and legal right to drive. Before you find yourself facing more severe penalties and problems, contact the firm and schedule a free case evaluation to discuss your case.

Written by

Jim Medley

For more than 20 years, attorney Jim Medley has perfected his craft in the field of criminal justice. He garnered extensive knowledge during his 12 years as a police officer in Texas, and applied that knowledge during his time as a professor of criminal law and criminal justice. Mr. Medley brings a unique skill set to the table, and as a result, he would be an invaluable asset in the courtroom should you need DWI or criminal defense in Houston.

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