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Fighting For Your Rights...   DWI (Driving While Intoxicated) IS A SERIOUS MATTER DWI - Drunk Driving Arrest DUI - Driving Under The Influence Texas License Revocation Hearing

What will happen after a Drunk Driving DWI arrest in Texas?

If you have been arrested for a DWI in Texas, you will face several procedures, including:

ADMINISTRATIVE LICENSE REVOCATION HEARING

Fighting in the Administrative License Revocation Hearing (ALR) in the event that you have properly requested your hearing within 15 days of receiving the notice of your suspension is your right. Notice of license suspension usually occurs on the date that you were arrested. Requesting a hearing is important not only to attempt to keep your Texas driver's license from being suspended, but also to examine the DWI officer or to review the State's evidence. The hearing serves the additional purpose of learning specific details about the police officer's case against you. The more information your lawyer has, the better opportunity to develop strategies for your defense of DWI charges.

COURT SETTINGS

After you have been arrested for driving while intoxicated in Texas and bonded out of jail, you may have been given a date to return to the courthouse to appear for the DWI case pending against you. Depending on the county of your arrest, your lawyer may appear on your behalf at the initial setting or you may have to appear in person. Often, you must appear and inform the court if you have hired an attorney. The initial court setting is an opportunity to have your DWI case placed on the court's docket, which will provide more time to investigate the issues. At that time, your attorney may take the opportunity to speak with the District Attorney's Office regarding obtaining the DWI videotape and other discovery material.

After several court settings, courts require that the DWI case be placed on a plea bargain docket or on a trial docket. By that time, if you have hired an attorney, you may know that you want to proceed forward and go to trial. Additionally, you and your lawyer may have discussed pre-trial issues, such as filing a motion to suppress evidence. Motions to suppress evidence are opportunities to challenge on constitutional grounds your detention and DWI arrest. If your motion is successful, the District Attorney's office might not be able to proceed with their case. Motions to suppress may be heard on or before the day of trial, depending on each court's policies.

JURY TRIAL

In the event that you have decided to go to trial, you must then decide if you want the case and evidence to be heard by a jury or a judge. Your decision will likely be based upon consultations with your lawyer after reviewing the discovery material that your lawyer has obtained. If you decide if you want a jury to determine guilt or innocence, you must also decide if you want the jury or the judge to decide punishment in the event that you are found guilty by a jury. At the end of the trial, if a judge or jury determines that you are not guilty, you are then acquitted of the driving while intoxicated charges against you. At that time, you should discuss with your lawyer the possibilities of clearing your record. In the event that you are found guilty of driving while intoxicated, the next step is sentencing. At the sentencing stage, driving while intoxicated punishment may include days in jail, probation, community service, fines, fees, alcohol counseling, and possibly a breath device placed on your vehicle. As you can see, it is important to find a lawyer experienced in handling DWI cases.