While many of us are familiar with the basics of drunk driving and DWI enforcement, a surprising number of DWI suspects are surprised to learn about the legal realities of their charges. Below, we take a look at four common DWI misconceptions held by the public and what can be done to best protect the interests of the accused.
"I'm Guilty if I Fail My Chemical Test"
It's easy to assume that once you submit to and fail a chemical test, it means it has been "proven" that you have been drunk driving and you are guilty of the charge. This is not so. Guilt is a matter for the court to decide and a failed chemical test does not guarantee a conviction. It's critical that your defense lawyer understands this and is well acquainted with the Intoxilyzer 5000, the device used for breathalyzer tests around greater Houston.
"DWI Only Comes with a Slap on the Wrist"
Because drunk driving is fairly common across all walks of life, it's sometimes thought of as a simple traffic violation—but make no mistake: DWI is a criminal offense. Even a first-time conviction can result in lengthy suspensions, fines and, in some cases, jail time. That is why exploring your defense options with a capable attorney is always highly advised.
"I Have to Accept My License Suspension"
Once you receive your paperwork from your arresting officer, you have 15 days to request a hearing and contest the administrative license revocation (ALR). Time of the essence during this window, which is why it is critical that you seek counsel that is familiar with this administrative side of DWI enforcement and is ready to act quickly on your behalf.
"It Doesn't Matter Who My DWI Defense Attorney Is"
If you are interested in exploring your defense options and fighting your charge, then it absolutely matters who you choose for your defense counsel. Always look to see if your prospective attorney has a record of favorable case results, has accumulated any industry recognition or certifications, and/or has taken part in any drunk driving seminars and training. Many firms claim to be able to handle these cases, but few attorneys have the knowledge and diligence to challenge the state's allegations in these matters and secure a positive outcome for the accused.
If this is the kind of representation you want for your DWI case, then we invite you to contact us at Tyler Flood & Associates today. Our dedicated and proven Houston DWI defense lawyers are committed solely to this practice area and know what it takes to provide hard-hitting, effective counsel for our clients.
We're ready to aggressively pursue a dismissal or reduction on your behalf. Contact us today.