Friday, December 12, 2008

The 10 biggest mistakes most people make after being arrested for a DWI -- and how to avoid them

1. Assuming you will lose the case

Many people charged with DWI believe that they have no chance of winning. Maybe they failed a breath test. Perhaps they think no one will believe they were innocent because there was an open container of alcohol in the car. The truth is that the case against you may not be as solid as you think.

For example, did you know there are many factors that can affect the accuracy of a breath test? Scientific testing has shown that work conditions (such as volatile-chemical exposure), extensive dental work, Gastro Esophageal Reflux Disorder (G.E.R.D.), air-bag deployment, and even a simple fever can yield a “false high” breath-test result. Additionally, breath tests must be performed under strict guidelines. Failure to fully comply with those guidelines renders the results questionable at best.

In other words, breath tests may be thrown out of Court or explained away.

2. Not fighting the automatic suspension of your driver’s license

Under Texas law, you have 15 days from the date of your arrest to request a hearing and fight to save your driver’s license. Failure to ask for this hearing will result in the automatic suspension of your driver’s license, as set out below.

Suspension Provisions for Adult Drivers
Without any prior alcohol or drug-related contacts against the accused driver during the previous 10-year period, the periods of suspension are as follows: full story

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