What Happens After Someone Is Charged With A DWI/DUI?
How Public Is Someone’s Situation Going To Be?
The immediate family generally knows but it’s not really a publicized situation. When you get into it, there are many things going on at the courthouse and the larger cities really don’t report the arrest log.
However, some people get published in the paper but that doesn’t happen very often in the bigger cities. So, the chances of people finding out are less and less. And when you get into a courtroom, everybody is doing their own business.
The case may be different depending on your job. If you drive for your company where there’s a contractual obligation to let them know, they are constantly checking up on you to make sure that your insurance rates haven’t changed or something that causes your insurance rates to change because you have to be bonded and insured.
That’s where the employer starts to know; or if you just miss work because you’re still in jail.
Some companies do have a clause that says, you can’t be arrested for something without telling them and you’re required to tell them.
Once they find out, they can take whatever action they deem appropriate. But that’s generally how work finds out. Also, if you are driving a work vehicle and you have to have an Intoxilyzer device installed in the vehicle, that’s not going to go very well.
Common Mistakes People Make Once They Have Been Arrested That Can Hurt Their Case
Most of the time, the investigation begins at that first step, when the officer comes to the vehicle and the person begins providing information; information that’s going to be used against them. The officer may ask, ‘Where were you coming from?’ Sure you can answer that. ‘Did you have some drink?’ Yes, I did; here is how much I had to drink.
They just keep going and they provide a great deal of evidence against themselves. Once they’re arrested, they make statements on Facebook or they have pictures of them with alcohol on Facebook that could be used against them later and it shows that this may not be an isolated incident and they want to talk to others about their case. That’s where the trouble really starts.
They are just talking to too many people about it. They are not taking their lawyer’s advice. Sometimes, they don’t even get a lawyer to talk to and to advise them and if they get a lawyer, some of them will start listening to family and friends who have been in a similar situation, where the charge was DWI.
The facts of the case aren’t similar and they have different lifestyles, they have different drinking habits, they are in different shape physically and so on. They’ll be getting an advice from people that really aren’t in a position to give them quality advice.
It Is Bad To Just Give Up And Plead Guilty?
This is something that affects you the rest of your life. It never comes off your record, absent a pardon from the government authority. In other words, if it’s on a federal base, then it would have to be something through the federal system but normally it would be the Governor’s pardon but it stays on your record forever.
It increases your insurance, and if it’s at the minimum, it’s at least $2,000 a year; not just on the insurance but to keep your license, the fee you pay to keep it, and so on. There are so many downsides to having it.
Sure, you can go in there and you can talk to the prosecutor by yourself, waive your right to an attorney and you will pay more than other people but you never had the opportunity to investigate the facts of your case, to go through the system, and you will have the longest possible type of probation or the longest type of conviction and that’s not really what’s in your best interest.
Your best interest is served by taking a moment and seeing how to fight this and gather the information and make sure that the tests are performed accurately.
It’s never in your best interest simply to say, “You know what, I did it and I’m going to admit to it”.
Does The Court Show Mercy If Someone Has A Good Record?
It’s really not the court necessarily. When you get to it, if the court wants to move the case along, if you’re representing yourself or if you’re looking for some mercy, first you have to go through the prosecutor’s office.
There is a large group of people that are charged with misdemeanor offenses, which means the courthouse is very packed.
When you’re looking for mercy, you’re trying to be an individual, you’re trying to separate yourself from the normal people they see and hear, and the normal people they see are good people too.
DWI is not an offense where somebody goes out and intentionally tries to cheat, tries to hurt, or tries to steal. The majority of these cases are social drinkers and a great majority of the people in your class will be good people. They will be the people that don’t have a criminal history and so they’ve developed guidelines that don’t allow for the type of mercy that you’re looking for.
Mercy is better placed in the hands of an attorney who is looking at those facts of the case and then saying, “We’re in a stronger position evidentiary. We have the evidence on our side. Mistakes were made.” The attorney will then present the portion to the court that this is an individual you don’t have to worry about taking a risk on because if you give them the opportunity, you’ll never regret it.
If you are Facing A DUI/DWI Charge In Texas, call the law office of Bobby Dale Barina for a free initial consultation at (254) 699-3755 and get the information and legal answers you’re seeking.
Get your questions answered - call me for your free, 15 min phone consultation (254) 699-3755