10 DWI Mistakes

Here are 10 Common Mistakes we see with people who get arrested for DWI / DUI in Collin County, including Plano, McKinney, Frisco, and Allen

1. Not taking the matter seriously.

   This is a charge that will follow you for the rest of your life, if you are convicted. The Texas Department of Public Safety (DPS) will keep track of it until you are dead. It has to because DWI is an offense that can be enhanced by subsequent DWI convictions and DWI blood/breath test refusals result in license suspensions. The additional insurance charges alone could cost you thousands of dollars. If your license is taken away, you have to prepay for an SR-22 endorsement to your policy. Your insurance company must notify the DPS if you do not maintain your insurance. It will also raise your rates based on your conviction.

2. Not hiring an attorney.

   The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser if you do not hire competent counsel to represent your interests. Read more here.

3. Hiring an attorney based on the amount of the fee alone.

   The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee, which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.

4. Temporary License Request

   Not obtaining a temporary license and requesting an ALR hearing within 15 days, if your license was taken when you failed or refused to take an alcohol test. If you do not request a hearing, you will not be able to drive for 90 to 180 days for a first offense. Driving during this time is a serious traffic offense, regardless of whether you need to drive for work or personal reasons.

5. Driving after your license has been suspended.

   You have no right to drive while under suspension and an arrest for driving while your license is suspended carries the same penalty range as a first offense DWI. If arrested for driving during this time, you may be arrested and have to post a bond just to get out of jail. If convicted, you face a minimum one year suspension of your driving privileges in addition to any suspension you are still serving, plus you would get a fine and could get up to 6 months in jail.

6. Not subpoenaing the officer to be present at your ALR hearing.

   If you do not subpoena the officer's presence, the hearing may be based on the officer's report only and you will not hear how the officer will testify. Your attorney can learn many things at this hearing, if the officer is present. If the officer fails to appear or justify what was done, you should get your license back.

7. Taking the District Attorney's first offer.

   The first offer is not a bargain, it's just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove its case.

8. Failure to appear in Court.

   The Court will issue an attachment or bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.

9. Discussing the case with anyone but your attorney.

   Don't talk to anyone but an attorney about your case. Anything you say to them can be used against you.

10. Shopping Around

    Don't think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney go to Court with you. Even if you don't hire us, you need to hire an attorney that you're comfortable with and that you feel represents your best interest.

Please consult an experienced DWI or DUI attorney to see what other defenses can be used to eliminate of minimize your charge. To learn more about Field Sobriety Tests and DWI defense contact Mr. Kyle Shaw, an experienced Plano McKinney and Allen DWI attorney at (214) 726-0088.