Driving while intoxicated is a serious offense in Texas. A driver will be arrested for this offense if they operate a vehicle with a BAC of 0.08% or more in the state. After an arrest, an offender is allowed to make a call to a loved one, friend, or attorney. Learning that a loved one or friend has been arrested and charged with DWI could be a frightening experience.

The thought of them spending time behind bars and facing other harsh consequences of the DWI conviction can take a toll on you and your family. Understanding Texas DWI laws will help you offer the support that your loved one needs throughout the court process. The steps you take after learning of the arrest could make a big difference in the outcome of their case.

Fortunately, you do not have to do it alone. By contacting a reliable DWI defense lawyer, you will receive legal insight and competent representation for your family member or friend as they battle their charges. The following are some of the steps you can take after your loved one's or friend's DWI arrest:

Locate your Loved One

After an arrest for suspected driving while intoxicated, your loved one will be taken to a police station for booking. The booking process involves recording the person's identification information and taking a mugshot, which could take several hours. When the booking process ends, the offender will be transferred to a processing facility awaiting a bail release.

When you learn that your loved one or friend has been arrested, you must locate them to process their release. The booking officers will then update your loved one's information on an online database. Locating your loved one or friend requires you to know their full name and social security number.

Locate the vehicle

After a DWI arrest in Texas, the police will tow the vehicle to a tow yard. For each scenario, the law enforcement officers will have a tow slip. If there is no slip for the vehicle, you can contact law enforcement and find out where your loved one’s vehicle is located. You will need to pay the towing fees to recover the vehicle.

Post Their Bail

After an arrest and booking for committing a crime in Texas, you will be placed in jail while you await trial. Spending time behind bars will not only disrupt your life but can also cause emotional and psychological stigma. Fortunately, most defendants in Texas are entitled to early release through bail.

Bail is a monetary commitment you make to the court, promising to return for trial after an early release. Although bail will not be a penalty for your loved one's DWI offense, it assures the court that the defendant will not flee with a pending case. At their first arraignment for DUI, the judge will set the bail amount your loved one or friend needs to secure an early release.

Most defendants facing charges for DWI in Texas will be eligible for a bail release. The judge considers several factors in the case and the defendant’s criminal history in determining the amount needed for bail. Some factors that could lead to an increased bail amount include:

  • The defendant has a prior conviction for a violent offense. The court may set a high bail amount if your family member or friend has an extensive criminal history. This is because the defendant may be viewed as a threat to community safety.
  • Evidence that the defendant is a flight risk. A conviction for DWI in Texas may result in severe punishments, including incarceration, fines, and driver’s license revocation. This could compel a defendant to flee after posting bail. The judge may increase bail if your friend or family member is a flight risk.
  • The defendant’s conduct at the traffic stop. Most DWI arrests happen at traffic stops in Texas. Law enforcement officers will stop a vehicle if they have probable cause to believe that the driver was operating while intoxicated. The bail amount may be increased if the defendant fails to cooperate with the officers during the arrest.
  • Failure to submit to chemical tests. A driver under investigation or arrested for driving while intoxicated must submit to a chemical test. This could be a breathalyzer administered at the arrest or a blood test performed after the arrest. Although police officers cannot force you to take the tests, your refusal to submit to these chemical tests could impact your bail release.

If you learn your loved one has been arrested for DWI, you want to secure their release as quickly as possible. You can post their bail through the following means:

  • Cash bail. If you have the total amount required for a release, you can present the amount to the court to ensure your loved one’s release. Posting a cash bail is fast and convenient. However, if the defendant skips bail, you can lose the total amount in a forfeiture.
  • Property bond. In Texas, you can secure the release of a person facing DWI charges by presenting a valuable property to the court. Like cash bail, you will not require a third party to help you post the property bond.
  • Bail bonds. If you do not have enough money or property for bail, you can contact a bail bond company to help secure your loved one's or friend’s release. The bail bond agent will post the total cash bail in exchange for a service fee. You will act as their cosigner when you seek bail for a loved one. This gives you the responsibility of ensuring that the defendant appears in court. Additionally, you will be responsible for paying the costs associated with a bail bond.

Understand DWI Laws in Texas

Part of offering support for a loved one facing DWI charges is familiarizing yourself with the Texas DWI laws. This helps you provide the proper support for the defendant. Some of the things you need to learn include:

The Arrest and Booking

Your loved one will be arrested for DWI if there is probable cause to believe they were operating the vehicle while intoxicated. During the arrest, law enforcement officers must follow the right protocols. Additionally, all your loved one’s constitutional rights must be respected. You can determine whether the officers followed the correct procedures compared to your loved one's arrest.

Evidence of a DWI Case

Blood and breath tests are the most critical evidence used to prove DWI. The breath test will be administered before the arrest, while the blood test will be performed at the police station after the arrest. These tests must be performed by skilled professionals with the proper tools to ensure the accuracy of the results. Understanding the right protocol for administering these tests could help determine whether the results are reliable.

Slight mistakes like faulty devices and the test administration by unqualified personnel could impact the results. You can try to learn the type of test used in your loved one’s case. The arresting officer's testimony is another piece of evidence critical to a DUI case.

Ask the defendant about their interactions with the officer and identify any deviation from the legal proceedings. You can present this information to their attorney for defense.

Understanding the evidence that the prosecution could present against your loved one or friend will help you understand the right type of defense strategies that the defendant can use to avoid a conviction.

Seek Legal Guidance for the Defendant

One of the first steps you must take when you learn of your loved one’s arrest for DWI is to seek legal representation for them. Texas DWI laws are complicated, and competent legal guidance will help ensure the best-case outcome. Your loved one’s lawyer will guide them on the steps to take and what to do at each step to protect their constitutional rights and avoid a DWI conviction.

The role of a DWI defense lawyer in your loved one’s or friend’s case includes:

  • Guidance on the right conduct during interrogation. The moments following a DWI arrest could be confusing for the defendant. During the interrogation, they could disclose information that could be used against them in the trial. A skilled DWI defense attorney will advise your loved one on how to answer the questions from law enforcement.
  • Gathering evidence. A DWI case requires numerous pieces of evidence from the prosecution and defense. When you hire an attorney for the defendant, the lawyer will take over the task of collecting relevant evidence for the defense. The attorney can also analyze the police reports and other evidence the prosecution intends to use for a conviction. This helps in building a strong defense.
  • Negotiating plea deals. A conviction for driving while intoxicated attracts severe legal and collateral consequences. A defendant could lose their driving privileges through a license revocation. A competent DWI lawyer can negotiate a plea for an offense with less serious consequences.
  • Advising the defendant on the consequences of a DWI conviction. If your loved one is a first-time DUI offender, they may not understand the potential repercussions of their criminal charge. Their attorney can help them understand the DUI laws and advise them on their options.
  • Offers representation in court. At a DWI case trial, a defendant has the right to present evidence and cross-examine the witnesses presented by the prosecution. A knowledgeable attorney knows the right questions to ask and the best approach to take for the case.

Support them at the Administrative License Revocation Hearing

A critical matter that needs to be addressed after a DWI arrest in Texas is protecting driving rights. After an arrest, law enforcement officers confiscate your loved one’s driver’s license. The officer will then issue a temporary license that can be used to operate for up to forty days. After this period, the driver’s license will; be automatically revoked.

Your loved one will have up to fifteen days to schedule an Administrative License Revocation hearing. The ALR hearing is held before an administrative officer, and you can contest the license revocation. At the ALR hearing, your loved one’s lawyer could force the state to show that the initial traffic stop was valid and that the defendant was intoxicated at the time of the arrest.

A win in the Administrative License Revocation Hearing allows the defendant to continue operating their vehicle while they wait for trial. Your support at the ALR hearing could make the process easier.

Understanding Common DWI Defenses in Texas

The thought of having your loved one behind bars for driving while intoxicated is nerve-wracking. Fighting to beat the DWI charge and avoid a conviction is a priority. With the guidance of a DWI lawyer, your loved one can prepare for a criminal trial. Several defenses that could work for your loved one’s case include:

Lack of Probable Cause

Law enforcement officers must have probable cause to stop a driver on the road or arrest someone for driving while intoxicated. A probable cause for a DWI stop is formed through the driver’s conduct on the road; acts like swerving, running a red light, and violating traffic rules are some of the factors that could give the officer probable cause to stop your loved one.

At the DWI stop, the officers will assess the driver’s conduct and perform different tests before the arrest. Your friend or loved one could build their DWI case on ten arguments that the law enforcement officers lacked probable cause for the arrest.

Violation of Constitutional Rights

Even when your loved one is suspected of violating DWI laws in Texas, their rights must be observed throughout the arrest and trial. The defendant could have a valid DWI defense if the officers engaged in the following acts that violated their rights:

  • Failure to read Miranda rights. The Miranda Rights notify defendants of their right to remain silent and have legal representation.
  • Unlawful search and seizure. Traffic officers cannot search your vehicle without a valid warrant if you are arrested for drunk driving.
  • Coerced confessions. Law enforcement officers may coerce you to admit to drinking and driving. This helps them make a fast arrest and avoid further investigations.

Insufficient Evidence

The prosecution must prove all the elements of DWI before securing a conviction against your loved one. This will include evidence of vehicle operation and intoxication. The defendant’s attorney can doubt some of the prosecutor's evidence and increase the chances of an acquittal.

Challenge the Chemical Test Results

Driving while intoxicated involves operating a vehicle with a BAC that exceeds the legal limit. Therefore, the result of a blood and breathalyzer test will be critical in your loved one’s case. The defendant could challenge the results by arguing that the device was faulty or giving alternative explanations for the high Blood Alcohol Content.

Your loved one will likely discuss their arrest and how the police officers treated them during the arrest and interrogation. After the initial shock of the incident, the defendant may forget some details that may be helpful to their case. You can remind them to share all the details with their lawyer for a successful defense. Additionally, you can attend the trial and offer emotional support for the loved one or friend.

Help your Loved One Address Alcohol or Drug Dependency

Some individuals who face arrest and charges for driving while intoxicated have an alcohol or drug dependency problem. The law is more lenient for first-time DWI arrests, and the potential consequences are lighter. However, the court is harsher on repeat offenders. You can help your friend or loved one avoid a subsequent conviction by supporting them through these sobriety efforts:

  • Avoid alcohol consumption or drug use around them.
  • Enroll them in an alcohol or drug dependency treatment program. Sometimes, the court may order treatment after the DWI conviction.
  • Encourage them to avoid the use of alcohol or drugs.
  • Avoid enabling the defendant by purchasing drugs or alcohol for them.
  • Avoid dwelling on the person's past mistakes.

Find a Knowledgeable DWI Defense Attorney Near Me

A driver will be arrested for DWI if they operate a vehicle while intoxicated or with a BAC that exceeds the legal limit. The consequences of a conviction for driving while intoxicated in Texas are severe and sometimes life-changing. Your moral and emotional support will go a long way for your loved one or friend if they face an arrest for driving while intoxicated in Texas.

You can support the defendant by understanding the state's DWI laws. The steps you take after learning of your loved one’s arrest could be the difference between your loved one facing a conviction and being able to beat their charges.

Hiring and retaining a competent DWI defense lawyer for your family member or friend is critical to helping them fight their DWI charges. At Fort Worth DWI Defense Lawyer, we understand the impact that a DWI conviction could have on your loved ones’ lives. We offer expert legal guidance and representation for all our clients battling DWI charges in Houston, TX. Call us today at 817-470-2128 for much-needed legal insight.