Driving while intoxicated is illegal and most states have a zero tolerance policy for violators. DWI means that a person was driving a vehicle after the consumption of alcohol, drugs, or some other controlled substance that compromised their senses. When a person is intoxicated, they cannot participate in an activity that requires their undivided attention. Therefore, when a person drives while he/she is drunk or under the influence of a drug, the probability of causing an auto accident becomes dangerously high. If the driver’s BAC level is 0.08% or higher, they will be charged for DWI.
Cops usually suspect a driver to be intoxicated if their driving seems reckless, they have hit or collided with someone/something, or they are violating traffic rules. If you are pulled over, tested, and then arrested for DWI, try to stay calm and cooperate. DWI Defense Attorney in Austin, TX, points out the top five mistakes to avoid at all costs:
1. Not realizing the seriousness of the crime
Believe it or not, many people regard DWI as an infraction, rather than a criminal offense. They believe that getting arrested for drunk driving is no big deal, and they can get away with it by paying a small fine. DWI is normally charged as a misdemeanor, though aggravating factors can turn it into a felony; conviction will lead to a criminal record either way. Repeat DWIs result in incarceration and more severe penalties.
2. Immediately pleading guilty
Many individuals who are arrested for DWI for the first time panic and plead guilty. They assume the worst and forget to acknowledge that the charges can be beaten. When charged with DWI, you should always plead ‘not guilty’ unless your attorney tells you otherwise. Most of the time, there are defenses available to achieve dismissal or reduction of charges. It is more difficult to beat charges for a repeat DWI, but it is still unwise to immediately plead guilty.
3. Not utilizing Miranda Rights
Guilty or not, you should cooperate with the police and make use of your Miranda Rights. Know that if the police try to deprive you of your constitutional rights, you can use this against them and gain an advantage in the case. Refrain from retaliating or giving any statement without consulting your lawyer. If you are interrogated or pressured to confess, ask for an attorney and maintain silence.
4. Failure to request a DMV hearing
When you get arrested for DWI, your driver’s license will automatically be suspended. You need to request for a DMW hearing within ten days of the arrest. Failure to do so might indefinitely revoke your driving privileges. Any request to reinstate your driving privileges will not be entertained during the courtroom trial of your case. Your attorney can handle the paperwork and represent you in the DMW hearing. Representing yourself is not a great idea, as you are unlikely to offer a good argument on your own.
5. Relying upon Unwarranted Advice
Note to self that every DWI case is not the same, so you should not expect the same outcome as narrated by a friend, relative, or colleague. Seeking answers in the wrong places can be problematic, thus you should only listen to a licensed attorney in your state. If someone tells you that you don’t need an attorney or conviction won’t affect your future, discern the fact that they are misleading you.
