A lot of the damage in a DWI case is self-inflicted — decisions made in the hours and days after an arrest that quietly close off good options. The good news is those mistakes are avoidable. Here are five things to avoid if you have been charged with DWI in Houston or Harris County, from Board Certified criminal defense attorneys and former prosecutors Brian Foley and Luis Baez.
1. Don't talk your way into a confession
You cannot talk your way out of a DWI arrest, but you can easily talk your way into a conviction. Everything you say on the roadside and in the car is recorded. Admissions like "I only had two beers" become the State's evidence. Be polite, provide your license and insurance, and then decline to answer questions about where you were, what you drank, or how you feel. Asking for a lawyer is your right and cannot be used against you.
2. Don't miss the 15-day deadline to save your license
This is the mistake with the hardest consequence. If you refused or failed a breath or blood test, you have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing. Miss it and your license is suspended automatically. Requesting the hearing protects your driving privileges and lets your attorney question the arresting officer under oath before trial. Put this deadline at the top of your list.
3. Don't assume the field sobriety tests were fair
The walk-and-turn, one-leg stand, and eye test (HGN) feel official, but they are subjective, easily influenced by nerves, footwear, road conditions, and medical issues — and they are scored by the same officer who decided to pull you over. Do not concede that you "failed." Those tests can be challenged, and how you performed on video is often the most important evidence in the case.
4. Don't post about your case online
Prosecutors and investigators look at social media. A photo, a check-in, or an offhand comment about the night in question can be taken out of context and used against you. Until your case is resolved, stay off social media about anything related to the arrest, and don't discuss the facts with anyone except your attorney.
5. Don't go it alone — or hire the wrong lawyer
A DWI is a scientific, procedural case with license deadlines, breath and blood evidence, and constitutional issues around the stop and testing. It is not a case to handle yourself or to hand to a lawyer who rarely tries them. Brian Foley and Luis Baez served on the elite Vehicular Crimes Team as prosecutors, learning DWI investigations from the scene forward. Now they put that experience to work for you — and they are not afraid to take a DWI to trial.
The takeaway
Stay quiet, protect your license within 15 days, don't concede the tests, stay off social media, and get an experienced DWI attorney involved early. Avoiding these five mistakes keeps your best defenses on the table.
Free, confidential consultation, 24/7 — call or text (713) 703-1718.