DWI Process In Texas:
When it comes to getting arrested in Travis County, it’s a fact that this type of situation is never a fun one to find yourself in. It can be even worse if you end up getting arrested for a DWI. If it does end up happening to you, however, it’s extremely important to know exactly what you need to do as opposed to what you should never do.
First and foremost, remember to always stay calm and quiet no matter what. Furthermore, it’s equally as important to maintain your best behavior, as constantly begging and pleading with the arresting officer will never, ever cause them to change their mind in terms of arresting you for something as serious as a DWI. If an officer ever believes that they have probable cause to arrest an individual, then they will do so.
In the event that you do find yourself in this situation, keep in mind that you only have to answer questions that officially identify who you are, such as your name, address, driver’s license number, and more. Unless you know for a fact that you have not consumed any alcohol or illegal substances and will receive a clean result, you are under no obligation to agree to submit to either a breath or blood test; however, it’s important to note that refusing to take one of these tests may end up resulting in your driver’s license being suspended for a longer period of time. Furthermore, the state of Texas may end up obtaining a warrant to draw your blood based on your refusal to take the test; however, you should never voluntarily agree to provide a sample of your breath or blood, as this can waive arguments related to unlawful searches. All you would need to say in regards to this is that you respectfully decline to submit a sample and that you would like to contact your attorney immediately.
It’s also important to keep in mind that during the entire situation, you will always be on camera, meaning that going to trial will more than likely be the best method in being able to fight your case. This is because a jury will end up viewing the video and a huge portion of their final decision will be based on what they see. The prosecutors, on the other hand, will likely end up seeing the video prior to offering you some kind of plea deal, and they will also likely watch it prior to selecting a jury. Regardless, it’s important for you to plan ahead, as well as remain compliant and maintain a low profile both throughout the booking process as well as while you’re in jail.
You should also note that you will more than likely remain in jail for anywhere from 10 to 12 hours, perhaps even longer, prior to being released, despite what the arresting officer may actually tell you. There is also the chance that you likely won’t be able to see the magistrate judge right away, as things in the Travis County jail tend to move slowly. Furthermore, your case will typically be handled in the order your arrest itself was made – in other words, first come, first served.