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4 Mistakes to Avoid During a DWI Arrest

Updated: Feb 14, 2023 @ 7:40 pm

Reading Time: 3 Minutes

In many ways, your DWI case will turn on the results of your field sobriety tests and any chemical test you give, like a urine, blood, or breath test. However, certain decisions and behavior during the arrest can actually make life much more difficult for you.

Below, our seasoned DWI attorneys lay out 4 mistakes to avoid when you get arrested for DWI in Texas. Please contact Tad Nelson as soon as possible.

Mistake #1: You Fight with the Police

When you hear an officer say, “I am putting you under arrest,” the absolute worst thing to do is to get into a physical scuffle. Not only will you fail to get away, but you can face additional criminal penalties, such as resisting arrest, which is a Class A misdemeanor in most situations. End up hurting the officer and your penalties increase.

What’s more, your aggressiveness will probably be used against you in court. Indeed, jurors probably will think, “Why does he want to flee if he wasn’t drunk?”

Mistake #2: You Admit to Drinking

You can expect an officer to ask if you have had anything to drink. The cop will probably ask before arresting you, but they might ask again after slapping on the handcuffs. You should definitely remain silent.

Some defendants wrongly believe if they admit to having 1 or 2 drinks, then the officer will let them go. Actually, you can expect this information to come out in court. If you had any alcohol in your system and drove erratically, you can be convicted of DWI regardless of what number you blow on a breath test. You should not say anything other than your name.

We have never seen anyone talk their way out of handcuffs. You shouldn’t say anything other than you want to talk with an attorney.

Mistake #3: You Are Rude to the Officer

There is no reason to escalate the situation by mouthing off to the cop. Yes, you have a First Amendment right to say almost anything you want. But some officers might take it out on you and possibly goad you into attacking them. It is best to remain polite and resolute in your commitment to remain silent.

Mistake #4: You Automatically Take a Chemical Test

Under Texas law, you have given implied consent to take a test if arrested. If you refuse, you face a license suspension regardless of whether you are intoxicated. Still, there are situations where it makes sense not to agree to a test. For example, you might actually have been drinking, and you know you’ll blow a high number.

Also, this might not be your first DWI. If you get a second or subsequent conviction, your penalties increase, so you might reasonably choose to not agree to a test.

Call Tad Nelson & Associates

Here’s one step you should take. Pick up the phone and call our office as soon as possible. We can get to work immediately on your case and fight for your freedom. Contact us to learn more.

Houston DWI Lawyer Tad A Nelson is Board Certified in Criminal Law by the TBLS.

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