Exploring the DWI Process in Texas Courts

Texas takes DWI charges seriously, so understanding the DWI court process in the state is essential, especially if you’ve been accused. When facing a DWI charge in Texas, you’ll be dealing with both civil proceedings and a criminal trial, which can be challenging without proper legal support and knowledge.

In this blog post, we’ll discuss the key steps in the DWI process in Texas courts, explaining important terms, possible outcomes, and the importance of legal representation.

The DWI Process in Texas Courts

Going to court for the first time can be confusing and overwhelming. Understanding what to expect can help reduce some of the anxiety. Here are the typical stages of a DWI (Driving While Intoxicated) case as it progresses to court. It’s important to note that court procedures can differ, even within the same area, and can vary significantly between jurisdictions.

Arrest

You’re probably aware of what happens when you’re arrested. This is when an officer has reason to arrest you for DWI, usually because of the results of a field sobriety test, although other signs could also lead to probable cause.

Booking

Following an arrest, you’ll be taken to the police station and booked. This process involves recording your personal information, checking for prior arrests, taking fingerprints and a mugshot, and searching for any illegal items. You’ll then be held in a cell until either you pay bail or appear in court.

Bail

In most DWI and DUI cases where there are no injuries or fatalities, you can be released on bail set at a relatively low amount. Paying this bail allows you to leave custody, with the bail serving as a promise that you’ll appear in court.

Arraignment

An arraignment marks the start of the criminal trial process. You’ll receive the hearing date either by mail or upon release from jail. During this hearing, you’ll plead guilty, not guilty, or no contest.

It’s advisable to plead not guilty. Many first-time offenders feel pressured and plead guilty or no contest hoping for a quicker resolution, but this can lead to future difficulties with job applications, housing rentals, and college admissions.

At the arraignment, the judge may set conditions for your release, such as random testing or installing an Ignition Interlock Device in your vehicle. Harsher conditions are usually for those with prior DWI convictions.

The next court date depends on your plea and your county’s procedures. Some counties have a preliminary or announcement hearing before setting a trial date, while others schedule a trial or pre-trial motion court date directly.

Plea Entry

During a plea entry, the judge will explain the charges against you and you’ll have the chance to plead guilty or not guilty.

Your plea determines the next steps:

• If you plead not guilty, your criminal case will proceed to trial. If the jury finds you not guilty, you won’t have a conviction or penalties, and the charge can be removed from your record.
• If you plead guilty, you will proceed to sentencing, and the DWI charge will remain on your criminal record. This charge is permanent and cannot be expunged, meaning it will show up on all future background checks.

Plea Bargain

A plea bargain is an attempt by the prosecution and your DWI defense lawyer to resolve your case without a trial. Your DWI attorney may try to reduce the criminal charges, but you must plead guilty or no contest in return.

While a plea deal may seem attractive, especially during the arraignment, it’s important to consider the long-term consequences. Pleading guilty to a lesser charge still results in a permanent criminal record for certain DWI charges, which cannot be expunged. This record can affect your ability to get a job, housing, and federal loans for education, among other things. To protect your future and reputation, it’s often better to contest the charge rather than accept a plea deal.

Preliminary Hearing

A preliminary hearing is held only for felony DWI cases, such as intoxication assault and intoxication manslaughter, which are considered very serious. This hearing is to determine if there is enough evidence to proceed to a jury trial. If there is not sufficient evidence, the judge will dismiss the case.

Pre-Trial Motions

Your attorney can use pre-trial motions to exclude specific evidence from being used in your trial. For example, a motion to suppress can challenge how certain evidence was obtained. These motions are decided in hearings where your attorney will argue before a judge. The judge will then decide if the evidence should be excluded or allowed in the trial.

Trial

During a jury trial, your attorney presents arguments to a judge and jury, emphasizing the need for the prosecution to prove the charges “beyond a reasonable doubt.” If uncertainty exists, the jury is not allowed to declare you guilty.

A jury trial includes several key parts:

• Jury selection: Also known as voir dire, this is where potential jurors are questioned to reveal any biases. Misdemeanor cases have six jurors, while felony cases have twelve.
• Opening statements: Both the prosecution and defense make opening statements to outline their arguments.
• Trial: The prosecution must prove each element of the crime beyond a reasonable doubt. Your DWI defense attorney will challenge the evidence to raise doubt.
• Closing arguments: Both sides make their final arguments to the jury.
• Jury instructions & deliberation: The jury is instructed and then deliberates on the case. They must reach a unanimous decision for “not guilty” or “guilty.”
• The verdict: The jury’s decision is read in court, either resulting in your release or setting a sentencing hearing.

Verdict

There are two possible verdicts: guilty and not guilty.

• If you’re found not guilty, you won’t face further prosecution for the DWI charge and can request to have it removed from your record.
• If found guilty, you can usually choose whether the judge or jury decides your sentence. Opting for the judge is often advised, as their rulings are typically more predictable.

Despite the repeal of Texas DPS surcharges, you may still face hefty civil fees, jail time, driver’s license suspension, and other penalties

Arrested? Don’t Plea, Call Me!

Facing a DWI charge in Texas is daunting, but you don’t have to go through it alone. Understanding the DWI process in Texas courts and having the right DWI criminal defense attorney can make a world of difference. Texas Criminal Defense Group is here to fight for your rights and guide you through every step of the process. Don’t let a DWI charge define your future—reach out to us today to start building your defense and protect your future.