Many people who are stopped for a DWI have misconceptions about DWI charges in Texas. Wrong information can get around, especially when family and friends start giving advice. At Abel Law Firm, we help our clients understand the DWI process to make informed decisions about their cases. If you have been arrested for a DWI, contact the experienced criminal defense attorneys at Abel Law Firm to schedule your free case evaluation.
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MYTH: You Cannot be Arrested for a DWI if You Park and Sleep Off Being Drunk
Many drivers assume they must be actively driving a vehicle to be arrested and charged with a DWI. Pulling over to sleep it off is more responsible than driving, but it will not always stop you from getting arrested for a DWI. Under Texas law, you do not have to be in motion to be charged with a DWI. Legally, you can be considered operating a motor vehicle when pulled over on the side of the road.
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MYTH: You Can Only be Arrested for a DWI if Your BAC Is .08% or Higher
Under Texas law, you do not have to have a blood alcohol concentration (BAC) above .08% to be arrested for a DWI. When law enforcement believes you are too impaired to drive safely, they can arrest you for a DWI. While most police officers use blood or alcohol tests to prove intoxicated driving, they do not necessarily have to use them to arrest you. Police officers can use observations of your behavior, including the results of your field society tests, as proof that you were too impaired to drive.
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MYTH: You Can Wait a While Before Hiring an Attorney
You should take action quickly to protect your freedoms and rights if you have been arrested for a DWI. Waiting to speak to an attorney can be devastating to your case. For example, your driver’s license will be revoked after a DWI arrest. This is an automatic process; if you do not request an ALR hearing within 15 days of being arrested, you can lose your right to regain your driver’s license. Before you answer questions from law enforcement, we recommend speaking to an experienced attorney. Your attorney will ensure you do not miss deadlines and that your rights are not violated while aggressively negotiating the best outcome possible.
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MYTH: You Must Answer Questions from Police if You are Stopped
You are not required to answer the questions of police officers when you have been pulled over for a DUI. You have the right to remain silent. We recommend contacting an attorney before you answer questions from police officers. Even if the officers are polite and act like they are on your side, anything you say can and will be used against you.
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MYTH: You Should Accept a Plea Deal to Speed Up Your Case
Accepting a plea deal or confessing may seem like the best option, especially if you are under pressure. If you are under pressure, accepting a plea deal without discussing your case with an attorney is not wise. A skilled attorney may be able to negotiate a better plea deal or get the DWI charges dismissed.
Discuss Your DWI Case With an Experienced Attorney
Have you been charged with DWI in the Dallas-Fort Worth area? If so, you need an experienced DWI defense attorney on your side. Contact Abel Law Firm today to schedule an initial consultation and learn more about how we can fight for your rights.