Common Questions After A DWI Arrest in Texas

MAYBE, but unfortunately, the TV show “Cops” has given everyone the false impression that any time you are arrested, you will be read your Miranda Rights. According to long-standing case law, your Miranda Rights are required to be read PRIOR to a custodial interrogation. Therefore, you must actually be in custody or exposed to circumstances where a reasonable person would not feel free to terminate the encounter with police AND the police must be questioning or interrogating you. Even if the police fail to read you your rights when required, this does not mean your case will be dismissed, but rather your statements may be suppressed, along with any evidence gathered based on those statements, as the evidence may be “fruit from the poisonous tree”. As with all cases, we will analyze your case to determine if there are appropriate grounds to move for a dismissal of your charges or suppression of your statements.

VERY POSSIBLE. I like to break DWI cases into three phases that allow for challenge. The first phase is a reasonable suspicion to stop you. The second is probable cause to arrest. The third is the state’s ability to prove your guilt beyond a reasonable doubt.

Throughout these three phases, police officers are observing a number of factors that the suspect is unaware of. While the field sobriety tests are one of those factors, most people have no idea what is actually being observed by the officer during the various tests administered. While performing well on the tests may help in challenging the officer’s decision to arrest (probable cause) or guilt beyond a reasonable doubt, it is not the end all, be all. Once we have a better idea of the evidence gathered against you (i.e. officer notes, video, witness statements, etc.), we are in a better position to explain the potential for weaknesses in the case against, should they exist.

YES! I understand that this may seem self-serving, but I always advise anyone facing criminal charges to hire an attorney. Specifically, with DWI charges, the immediate and long-term consequences of pleading guilty, without a thorough review of your case, go far beyond having a criminal record. DWIs are very technical cases and are not as cut and dry as they seem to the layperson. While you may feel like the state has a great case against you, this may not be true after reviewing the evidence and actions by police in their investigation.

If after review of the evidence you have no defense, I still advise having a lawyer on your behalf because an experienced San Antonio DWI Lawyer can likely negotiate a GREAT RESOLUTION and very often keep a conviction off your permanent record.

With the help of an Experienced San Antonio DWI Lawyer at Austin Hagee Law Firm, your opportunity to stay out of jail are greatly increased. We will do everything in our power to keep you out of jail, in most cases we accomplish this goal without breaking a sweat.

One of the first things we do after being hired is to make a request to the appropriate arresting agency for a copy of any and all video footage of your arrest. Depending on the arresting agency, the video, if available, may be from a dash camera mounted in the patrol car or a body camera worn by the police officer.

It is important to make the request as soon as possible, because for certain agencies if the arrest is not appropriately flagged as a DWI, it is purged from their system after a certain number of days. If video exists in your case, once we receive a copy, we bring you into the office so we can view it together. Doing so allows me to explain the important points of the video, whether good or bad, and also allows you to see the evidence against you. Today, we are lucky to have so many police officers wearing body cameras, because it provides us with an objective account of what happened that led to your arrest. Also, the video can be helpful in impeaching the officer’s testimony in court, should the testimony not be consistent with what actually happened during your investigation and shown on video.