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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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5 mistakes people make that impacts their DWI case

Jun 02, 2022

5 mistakes people make that impacts their DWI case

If you have been arrested for a DWI, it is important to know what mistakes to avoid. Many people make common mistakes that can impact their case and lead to harsher penalties. In this blog post, we will discuss five of the most common mistakes people make when facing a DWI charge. Knowing what these mistakes are can help you avoid them and improve your chances of getting the best possible outcome in your case.

Attempting to talk your way out of an arrest

Despite being advised to not say anything, there are still many reasons why many DWI offenders attempt to talk their way out of an arrest. This can lead to making multiple mistakes that could, in turn, lead to worse consequences as a result of the arrest. Many people facing a DWI charge fail to take it seriously. They may think that because it is their first offense, they will not face severe penalties. This is simply not true. In fact, first-time DWI offenders can face jail time, fines, and a driver’s license suspension.


You have the right to remain silent, and you should exercise that right if you have been arrested for a DWI. Anything you say to the police can be used against you, and it is best to avoid saying anything until you have consulted with an attorney.


Trying to talk your way out of an arrest is one of the biggest mistakes you can make. Pleading guilty at the moment of arrest isn't also going to help you. Just because you are arrested, does not mean that you are automatically guilty. You have the right to a fair trial and should never plead guilty without first consulting with an experienced DWI attorney. Also remember that a plea agreement is only offered in cases where the prosecutor believes they have a strong chance of winning at trial.

Refusing to submit to a breath test

Other problems can arise if you refuse to submit to a breath test. In many states, refusing to take a breath test is considered a separate offense from DWI. This means that you could be charged with both offenses if you are arrested for DWI and then refuse to take the breath test. Additionally, some states have what is called an “implied consent” law. This means that by getting a driver’s license, you have already agreed to submit to a breath test if you are ever arrested for DWI.


If you refuse to take a breath test, you could face additional penalties such as a longer driver’s license suspension. You may also be required to install an ignition interlock device in your vehicle. This is a device that requires you to blow into it before your car will start.


A drunk driving charge is a serious offense. If you have been arrested for drunk driving, it is important to avoid making any of the mistakes discussed in this blog post. These mistakes can impact your case and lead to harsher penalties, like having a permanent criminal record. losing driving privileges and even a DWI conviction.


When it comes to a Driving Under the Influence (DUI) case, the less evidence the prosecution has, the better. So do not give them an easy way to convict you by refusing a breathalyzer test. A DUI lawyer can help you navigate the legal process and ensure that your rights are protected, lessen a DUI conviction.


Also read: 5 things you need to know about DWI charges in Texas

Failing to have all the pertinent documents at your disposition and ready for your attorney

If you are arrested for a DWI, the police will take your driver’s license and issue you a temporary permit. This permit is only valid for 15 days. If you want to avoid having your driver’s license suspended, you must request a hearing with the Department of Motor Vehicles within those 15 days.


The required court hearings, especially for a DUI charge or DWI, are serious business. The last thing you want to do is show up to court unprepared or without the proper documentation. This can make it difficult for your attorney to defend you and could result in a conviction. At this hearing, you will need to present evidence that shows why your driver’s license should not be suspended. It is important to have all of the pertinent documents ready for your attorney before this hearing. This includes any police reports, witnesses, statements, and other evidence that may be beneficial to your case.


If you do not have all of the necessary documents, your attorney will not be able to effectively represent you at the hearing. This could result in your driver’s license being suspended.


You can ask a family member or a friend to bring you the documents if needed but make sure to have everything ready for your attorney before your hearing. Remember that any arrest supported by probable cause will not be dismissed simply because the arresting officer failed to Mirandize you.

Lying to the police or your lawyer

The first and most obvious mistake is lying to the police. This can be used against you in court and make it harder for your attorney to defend you. Additionally, talking to the police gives them more information that can be used against you. It is always best to remain silent and let your attorney do the talking for you.


When it comes to a DUI arrest or a DWI arrest, the best thing you can do is to remain silent. Anything you say, no matter how harmless it may seem, can be used against you in court. The arresting officer will likely ask you questions in an attempt to get incriminating information from you. It is important that you politely decline to answer any questions and request to speak with an attorney.


For a proper DUI/DWI defense, you need an attorney who is experienced in handling these types of cases. But you must know that lying to your attorney can jeopardize your entire case. Be honest with them about what happened leading up to the arrest, and let them know if you have any prior arrests or convictions.

Not hiring an experienced DWI attorney

Many people think that they can do "self defense" and represent themselves in a DWI case or that they do not need an attorney because they “know their rights.” However, this could not be further from the truth. A DWI is a serious offense, and you will need an experienced attorney to help you navigate the legal system.


An experienced criminal defense attorney will know how to challenge the evidence against you, cross-examine witnesses, and develop a strong defense. Attorneys will also know the ins and outs of the legal system, which can be very complex. Hiring an experienced DWI attorney will give you the best chance of avoiding a conviction and getting your life back on track.


Also read: 9 Reasons Why You Should Hire a Criminal Defense Attorney


Some things you must consider in order to hire the best criminal defense lawyer for you are:

  • The lawyer’s experience
  • the lawyer’s success rate
  • The lawyer’s reputation
  • How well the attorney client relationship usually is
  • How well the lawyer understands your case


Fighting for your rights is as importantly as finding the right criminal defense lawyer for you. If you or a loved one has been charged with a DWI, it is important to contact an experienced DWI attorney as soon as possible.

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