How to Defend a Texas DUI Charge

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DUI laws in Texas impose serious criminal consequences on individuals convicted for driving under the influence of drugs or alcohol. You may face fines, imprisonment, probation, license revocation and other penalties if you are convicted of a Texas DUI.

Defending a Texas DUI Charge

Being arrested and charged with a crime may be the last situation you ever anticipated. Here are some steps you should consider taking in defending your rights in the face of DUI/DWI charges under Texas law:

  • Do not discuss your case with anyone until you have a lawyer. You have the right to have an attorney in a criminal case against you and you cannot be compelled to incriminate yourself under constitutional law. If you are questioned by police without an attorney present, you should politely ask if you may speak to your attorney and make it clear that you do not want to discuss your case without your attorney present. If questioning continues, it may be against your constitutional rights and provide grounds for later dismissing your case or the evidence procured during the unlawful questioning. Know your rights and assert them. There is no reason to discuss your case without an attorney there to represent your interests.
  • Consider what defenses may be applicable to your case. You may not be aware of the complexity of legal matters in Texas DUI and DWI cases. An attorney should be consulted about the propriety of any line of defense.
  • Plea bargaining can provide a way out of your current situation. If you are prepared to go to trial, it may be enough to persuade the prosecutor in your case to offer you a lesser charge in exchange for a guilty plea. Be sure that you understand the consequences prior to signing any plea agreement. Your attorney should be able to advise you of whether or not it is a good option, but you get to decide whether or not going to trial is right for you.

Getting Legal Help

If you are facing a DUI, do not be hesitant to hire an experienced criminal defense attorney. You may be able to win your case or reduce the charges through a plea negotiation. An attorney can help you assess likely defenses in your case and prepare your case for trial. Often times, preparing for trial is used as a tool to facilitate better plea bargaining. An attorney can help you plan your best strategy.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

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