April 16, 2024

5 Steps to Take After a DUI Arrest in Texas

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driver bent over on the wheel after being pulled over in Abilene Texas
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Being arrested for a DUI (driving under the influence) or DWI (driving while intoxicated) in Texas can have severe consequences, including license suspension, hefty fines, and potential jail time. If you find yourself in this situation, it’s crucial to take immediate action and seek the guidance of an experienced Abilene DUI attorney.

This article will outline the crucial steps after a DUI arrest in Texas, emphasizing the importance of legal representation, understanding the charges, gathering evidence, preparing for court appearances, and exploring potential defenses. You can increase your chances of a favorable outcome by following these steps and working closely with a skilled Abilene defense lawyer experienced in DUI cases.

Our team of attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Low Law Firm today at 325.455.1889. 

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Seek Legal Representation

Hire an Abilene DUI Attorney Immediately

Promptly hiring an experienced DUI attorney is crucial after a DUI/DWI arrest in Texas. An attorney can review the details of your case, advise you on the best course of action, and start building a robust defense against the charges. Remain calm during the arrest and booking process, and avoid confiding in or questioning law enforcement officers, as any statements made can potentially be used against you.

Preserve Crucial Evidence

Document everything you can recall about the arrest and detention, including any statements made by the officers. This detailed record can provide vital information for your DUI attorney. Additionally, request your drunk driving defense lawyer to examine the police report, patrol video, the traffic stop’s legality, field sobriety tests, and chemical testing procedures.

Immediate Legal Assistance

Having legal representation from the outset can prevent the judge from raising your bond or imposing additional conditions. Your DUI lawyer can start assessing the evidence against you and formulate an effective drunk driving defense strategy.

 

Understand the Charges

The Initial Hearing and Charges

At the initial hearing, within 48 hours of your arrest, the magistrate will inform you of the specific charges against you and determine if you are eligible for bail regarding your DUI/DWI offense and driver’s license suspension. Your DUI attorney will work diligently to get the charges dismissed or reduced.

DWI vs. DUI in Texas

DWI (Driving While Intoxicated): Defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or when alcohol, drugs, or other substances impair mental/physical faculties.

DUI (Driving Under the Influence): This applies to minors (under 21) with any measurable amount of alcohol in their system, even if below the 0.08% BAC limit.

DUI is a Class C misdemeanor, while DWI is a more serious Class B misdemeanor. A DWI with a BAC of 0.15% or higher is classified as a Class A misdemeanor, carrying harsher penalties.

Gather Evidence and Documentation

Preserving Crucial Evidence

Immediately after a DUI/DWI arrest, it’s crucial to gather and preserve all relevant evidence and documentation. This information can be invaluable for you in building a solid defense strategy. 

Here are some critical steps to take:

Request a Copy of the Police Report:

Obtain a copy of the police report detailing the circumstances of your arrest, including the officer’s observations, field sobriety test results, and any chemical test results.

Secure Witness Statements

If witnesses were present during the traffic stop or arrest, obtain their contact information and written statements. These accounts can corroborate or contradict the officer’s version of events.

Preserve Physical Evidence

If you have any physical evidence related to the incident, such as clothing, receipts, or surveillance footage, preserve it carefully. This evidence may help challenge the prosecution’s case.

Document Your Recollection

Write down your detailed recollection of the events leading up to the arrest, including any interactions with the officer, the circumstances of the traffic stop, and any potential mitigating factors.

Reviewing the Evidence

Review it thoroughly with your DUI attorney. Your drunk driving defense lawyer will analyze the information to identify any potential weaknesses or inconsistencies in the prosecution’s case, such as:

By thoroughly reviewing the evidence, your DUI attorney can develop an effective defense strategy, challenge the charges, or negotiate a more favorable outcome.

Types of DUI Hearings

There are several types of DUI hearings you may need to attend, including:

  • Arraignment: Where you enter your initial plea (guilty or not guilty).

  • Preliminary Hearing: To determine if there is enough evidence for the case to proceed.

  • Trial: Where the prosecution presents evidence, and your DUI defense lawyer defends your case.

Tips for Court Appearances

  • Dress professionally and maintain a respectful demeanor in court.

  • Listen carefully to your DUI attorney’s advice and follow their guidance.

  • If pleading not guilty, gather relevant evidence to support your defense.

  • During the trial, your drunk driving lawyer will cross-examine witnesses and challenge the prosecution’s case.

Potential Penalties if Convicted

If convicted of a DUI/DWI offense, you may face penalties such as:

Fines

  • Community service

  • Jail time

  • Installation of an ignition interlock device

  • Alcohol treatment or education programs

Frequently Asked Questions

  1. What should I do if I’m pulled over for suspected DUI/DWI in Abilene, Texas?

Remain calm and cooperative, but avoid making statements that could incriminate you. Request to speak with a DUI defense lawyer before answering any questions or submitting to field sobriety tests.

  1. Can a DUI/DWI charge be dismissed in Abilene, Texas?

Yes, getting a DUI/DWI charge dismissed or reduced with the help of an experienced drunk driving defense lawyer is possible. You can challenge the legality of the traffic stop, the accuracy of chemical tests, and any procedural errors law enforcement makes.

  1. How can I find the best Texas DUI attorney?

Look for a Texas defense lawyer with extensive experience handling DUI/DWI cases in the area. Check their track record, client reviews, and credentials to ensure you receive top-notch legal representation.

  1. What are the penalties for a first-time DUI/DWI offense in Abilene, Texas? 

The penalties can vary depending on the circumstances, but generally, a first-time DUI/DWI offense in Texas can result in a fine of up to $2,000, jail time of up to 180 days, and a license suspension of up to one year.

  1.  Can I represent myself in a DUI/DWI case in Abilene, Texas?

While you have the legal right to self-representation, it is highly recommended to hire a DUI defense lawyer due to the complex nature of DUI/DWI laws and proceedings in Texas. An experienced DUI attorney can navigate the legal system effectively and protect your rights.

An Abilene DUI Attorney Can Defend Your Rights

Your dedicated DUI defense attorney will thoroughly review the evidence, identify potential weaknesses in the prosecution’s case, and develop an effective defense strategy tailored to your unique circumstances. 

Call Low Law Firm at 325.455.1889 or complete our online form to schedule your free consultation.