What Are Some Top Misconceptions People Have Once They Have Been Arrested For A DWI?
Some of the misconceptions are that they were not drunk; however, the law in Texas does not say you have to be drunk. A lot of times people think when someone is drunk, they have a lampshade on their head and they cannot walk and they cannot talk or something like that. However, being legally intoxicated or being intoxicated in the State of Texas is just the loss of your physical faculties and/or the loss of your mental faculties and/or a 0.08 blood or breath alcohol concentration. So, you can have all three of those or the prosecution can allege all three or any one of them or a combination thereof.
What Are Some Common Mistakes That People Make Once They Have Been Arrested For A DWI That Might Hurt Their Case?
Talking to the police officer in great detail and telling them exactly what they had to drink, how much they had to drink and also performing or attempting to perform the field sobriety test.
What If Someone Just Wants To Plead Guilty And Get Over With The DWI Case?
That is not a good idea, for several reasons. First of all, when someone is arrested and charged with DWI in the State of Texas, they actually have two cases going on. One case is the criminal case and the other case is the driver’s license case where the DPS or the Department of Public Safety is trying to suspend their license. Both of these cases are independent of each other. Even if one case is dismissed, that does not necessarily mean that the other case is going to be dismissed.
On the driver’s license case, if someone does not fight that by hiring an attorney, then their license is going to automatically be suspended after forty days from their arrest. Attorney James Alston has been very successful in winning those driver’s license cases, so it is always good to fight those cases.
Very often, based on someone’s’ criminal history, even if they are drunk and they are driving a vehicle or even if they are highly intoxicated, if they do not have a criminal history, then there is often a remedy that can be done to lessen the effects of having a DWI on their record. Houston offers a pretrial diversion program. If someone qualifies for pretrial diversion, that can result in a dismissal of their DWI case. That is why Mr. Alston advises his clients, “Let’s don’t just go into court and plead guilty, hire me, let me get on the case and let me investigate this case and see what is the best I can do for you”.
If you need Answers to Frequently Asked Questions about DWI Cases, call the law office of James Alston for a FREE Consultation at (713) 228-1400 and get the information and legal answers you’re seeking.
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