Getting a DUI offense on your public record can become a problem for many things such as future employment opportunities, present employment issues, etc. and will always show up in the background check.
Getting a DUI/ DWI in Texas is not only a high offense but a ridiculously expensive one as well. Unfortunately, Texas is one of the top 7 states that have the most drunk driving problems. Additionally, and unfortunately, wrongful convictions in Texas are not an uncommon occurrence. Here are some tips on how to avoid DUI and if you end up getting one, how to beat it.
- Hiring The Right Lawyer:
When dealing with any legal case, it is necessary to hire the right lawyer. DUI in Texas is a big crime as compared to many other states in the US. Here, people sometimes have to pay for their criminal records in many aspects of life.
That is why it is important to hire a good lawyer. Always ask the right questions and check his/her history with DUI cases before making a decision. An experienced lawyer knows the in’s and out’s of DUI and you will be out of trouble by choosing the right one. If you ignore these factors while hiring then you have to pay the price in the form of a failed trial.
- Consent For Breath And Blood Test:
It is within the right of a person to give consent for the breathalyzer and blood test. However, one thing to remember is that, if you are found guilty of being under the influence of alcohol after denying the test then you can face additional charges for obstructing.
If you know that you are driving under the influence and still refuse to take the test then immediately contact your lawyer as you only have 15 days to preserve your driving privileges.
- Behavior During Arrest:
Behavior during arrest plays a very important role especially if it is your first offense. It will help your lawyer tremendously in building a strong case. A large percentage of people get a lower penalty on their first DWI case due to their behavior.
Always remember during an arrest to not:
1 – Struggle aggressively:
It is advisable to not under any circumstance, struggle in any way or form. The struggle includes:
- Defending yourself verbally
- Defending yourself physically
- Straining against the hold of police
- Start an argument regarding the arrest
2 – Use any suggestive or aggressive gestures or language:
It is also a suggestion to not use any inflammatory words or gestures against the police that may be interpreted as aggressive and might land another charge against you.
- Right To Privacy:
It is wise to remember that you are not on vacation. DWI is a serious crime in Texas so, under any circumstances do not expect your right to privacy in the police van. According to the new rules, a microphone and camera are now placed in those vans to solely focus on you. Remember anything you say or do can be used against you to build a case in the court, so exercise precaution while sitting in the vehicle.
- Challenging DUI:
If you are arrested and charged with a DUI, don’t worry it’s not the end of the world. There are many efficient lawyers with effective methods to deal with a DUI charge. The inaccuracy and the percentage of error in breathalyzer give a lot of space for lawyers to build a case on.
- Limited Time Statute:
Remember that once you get slapped with a DUI, you only have 15 days to appeal for your licenses otherwise you will end up losing it for 90 days. If you are having this issue and want to beat your Texas DUI case, visit Law Offices of Tad Nelson & Associates, as they have high expertise in this area.
- Medical Conditions:
There is always a percentage of error in every equipment more so in some such as breathalyzers. There are certain medical conditions that can prove the breathalyzer test as false. Those conditions entail:
- Certain types of diets such as keto, Atkins, etc
- Auto brewery syndrome
Get Immediate Help:
Many people are hesitant to involve a lawyer when it comes to a DWI charge. It is advisable to those people that if arrested, it will matter more to have an experienced attorney to help with your case that the appearance of innocence.
If you get detained, contact a defense lawyer immediately because getting a public criminal record will ultimately affect your life a lot more than a few moments of discomfort and looking “guilty”.
These are some of the ways to possibly beat a DUI. It is advisable to be a responsible citizen and try to avoid the things that can land you a DUI altogether. But if in any case, you do land yourself in one, then remember these tips.