Houston, Galveston, or League City, Texas DWI arrest can leave you stunned and confused about what to do next. It’s simple to make some common mistakes that can easily sabotage your defense when you’re emotional. Steer clear of a few common pitfalls, and you’ll be able to more effectively protect your rights, achieve a favorable result, and minimize the long-term consequences of a DWI arrest—particularly where a breath test refusal or other complicating circumstances are involved
Talking Too Much
After being stopped and arrested, you might feel pressured to justify your actions or explain what happened. However, providing too many details can actually harm your defense. Law enforcement officers are trained to gather evidence during every conversation. Even small remarks—like the number of drinks you think you had—may be used against you later. Instead, politely provide basic identifying information and avoid discussing the specifics of your case without a lawyer present.
Tip: Once you’ve been read your rights, exercise them. You have the right to remain silent and the right to request an attorney before answering any questions.
Failing to Document Key Details
After the chaos of an arrest, it’s easy to forget what happened or mix up events. Write down everything you remember as soon as possible: the time and location of the stop, road conditions, any roadside sobriety tests administered, and any conversation about a breath test refusal. If there are witnesses—or dashcam videos—note their information, too. These details can help your defense attorney identify potential inaccuracies in the police report or procedural errors made by law enforcement.
Putting Off Hiring a Lawyer
Delaying legal representation is one of the biggest errors you can make after a DWI arrest. Texas has strict deadlines and complicated procedures—especially if your license is in jeopardy due to an Administrative License Revocation (ALR) triggered by failing or refusing a chemical test. Consulting an experienced DWI lawyer early helps you protect your license, understand your legal options, and develop a strategy tailored to your circumstances.
Remember: Even a first DWI offense can lead to fines, a possible jail sentence, and a criminal record. Seek prompt legal advice to minimize these consequences.
Underestimating Local Court Nuances
While Texas law outlines DWI penalties statewide, local courts in Houston, Galveston, and League City can have unique expectations. Certain judges may impose stricter pretrial conditions if you’ve refused a breath test, while others emphasize alternative programs. Missing these nuances can weaken your defense strategy.
A DWI attorney well-versed in local court practices will help you navigate these differences, negotiate more effectively with prosecutors, and ensure you don’t overlook crucial details that could affect your case. You can find more information regarding Texas DWI law here.
Missing the ALR Hearing Deadline
If you’re arrested for DWI, you have only 15 days to request an ALR hearing to contest your driver’s license suspension. Missing that deadline means an automatic suspension, which can restrict your ability to work or meet daily obligations. Remember, the ALR process is separate from the criminal case, so even if your DWI charge is ultimately dropped or reduced, you could still face license-related penalties if you fail to act quickly.
Treating a DWI as a Minor Violation
Some people assume a DWI arrest is just a traffic offense, but Texas takes these charges seriously. A conviction can mean steep fines, probation, mandatory alcohol education, and a permanent criminal record.
If you refuse a breath test, the court may impose additional restrictions, such as an ignition interlock device or longer license suspensions. Taking your case seriously from the start—and addressing every legal requirement—can help you avoid harsher penalties.
Overlooking a Proactive Defense Strategy
A DWI case isn’t just about reacting to the prosecution’s evidence. Being proactive—collecting witness statements, checking for procedural errors, and reviewing the accuracy of field sobriety or breath tests—can make a big difference. Your lawyer may question whether the police had reasonable suspicion for the traffic stop, examine the calibration of the breathalyzer, or challenge the officer’s training. This attention to detail can uncover errors that lead to reduced charges or an outright dismissal.
Act Today For Your Future
If you or someone you know is facing charges—whether it’s a first offense or involves a breath test refusal—reach out to the Law Offices of Tad Nelson & Associates. Our experienced DWI attorneys offer strategic guidance and dedicated representation, helping you navigate complex laws to secure the best possible resolution. Don’t let a single mistake define your future—contact us and take the right steps today.
