Common Mistakes Drivers Make

Plano DWI Lawyer

There are several common mistakes that drivers make after being stopped by law enforcement for suspicion of DWI. It is important to understand your rights when stopped by the police; your ability to drive legally will be revoked if you are convicted. At my firm, The Law Office of Troy P. Burleson, I have served as defense counsel in countless DWI cases, and I offer this list of the 10 most common mistakes drivers make in DWI cases to assist you to understand the do's and don'ts:

1. Not hiring a lawyer immediately. A case in which I get involved in the defense at once – immediately after the arrest—can increase the chances of winning the case at trial, or in getting a DWI charge dismissed.
2. Making a decision about which lawyer to choose on the wrong criteria. Many people are concerned about the cost of an attorney rather than the experience and court record, which can be a very serious mistake. There are many hidden costs in conviction, including fines, transportation costs, court fees, increased insurance rates and others. If you are retaining the services of an attorney, ensure that the Collin County DWI lawyer you hire to represent you has a record of success and a great deal of experience in DWI defense.
3. Not treating a DWI arrest as a serious legal matter. Even a first time DWI is not a minor legal problem, and a conviction will be evident on your criminal record forever. The impact on your reputation can be extensive, as well as expensive. Any DWI is very serious legally, and should be managed by a legal professional.
4. Failing to request an ALR hearing. If your request is not made, you will face an automatic license revocation. A hearing could resolve the entire matter, but the request must be made within the time limits, within 15 days of your arrest.
5. Failing to request the presence of the police officer at the ALR hearing. If the officer is not present, the only evidence presented will be the police report. If the officer is present, his or her testimony can reveal some facts that vary from what was written in the police report, which could open the door to the ability to retain your legal right to drive.
6. Driving a vehicle after license revocation. One of the most difficult issues for people to deal within a DWI case is losing the ability to operate a vehicle legally. Some people take the chance and get behind the wheel – and are caught, creating even more serious legal problems. Never operate your car or other vehicle without a valid license. You may have the right to attain limited driving privileges with an occupational driver's license. Find out before you get behind the wheel.
7. Making the decision to plead guilty without speaking with a DWI lawyer. If you plead guilty, you will be facing the penalties the court will impose upon you, which are significant. If you plead not guilty, it allows for your lawyer to challenge the way evidence was collected, the violations of rights and other matters that could lead to an acquittal, or a case dismissal.
8. Not arriving for a scheduled court appearance. Once you fail to appear, a warrant is issued and you can be taken into custody and your bail bond will be revoked. Keep close attention on your court date, and make sure you arrive on time – with your Collin County DWI lawyer.
9. Failing to exercise the right to remain silent. Not only should you ensure that you remain silent and do not try to explain or argue with police, you should avoid speaking about your case to anyone, including family, friends, or associates. These people could be called upon to testify against you and will have no choice other than to report what you said, whether they want to or not. Do not discuss your case with anyone other than your attorney.
10. Appearing in court without an attorney. Never make any court appearance without an attorney present. It is shocking how quickly the case can go off the rails, including with the issues related to bail. Every detail of your case should be managed professionally so that you have the best opportunity to avoid further legal problems, and to have your case argued by a lawyer that knows the criminal justice system intimately, and is there to protect your rights.

Contact my firm today if you have been arrested and charged with a misdemeanor or felony DWI offense in Collin County.