Although the arrest is the very first thing that happens during the DWI process, it’s also where most people’s knowledge of what to expect during a DWI case in Texas ends. Once you’ve been arrested and booked, you (or preferably your attorney) still have a million things to take care of before you can even consider moving on with your life. What are those things? We’re here to tell you.
A rough outline of your Texas DWI case might look something like this:
- Arrest
- Booking
- Arraignment
- Bond
- ALR
- Plea entry
- Pre-trial
- Trial
- Verdict
We’re often surprised that when we talk to clients who have been accused of DWI, they’re unsure what most of the above words even mean. Make no mistake, if you’ve been arrested and charged with DWI in Texas, knowing about ALR hearings and pre-trial motions is no longer optional, as these things now control your fate.
Keep reading about what to expect during your DWI, or call Thiessen Law Firm at (713) 864-9000 today and ask our top-tier Houston DWI lawyers to defend your life.
What is a DWI in Texas?
You’ll be charged with a DWI in Texas if you’re pulled over doing a couple of things. Those things are
- (1) operating a motor vehicle in a public place
- (2) without the use of your normal mental or physical faculties due to intoxication.
Intoxication is defined as having a blood alcohol content over the legal alcohol limit in Texas, which is 0.08%, or otherwise have lost the use of your normal faculties by reason of the introduction of drugs or other substances.
Which is worse: DUI or DWI?
You may be surprised to hear that there is a difference between DWI and DUI in Texas, but it’s the truth. Although DUI is the only type of drunk driving offense in many states, DWI and DUI are distinct charges with different sets of penalties in the Lone Star State.
Driving Under the Influence (DUI) is a charge that is mostly reserved for drunk drivers under the legal drinking age in Texas. Because Texas is a zero-tolerance state, anyone under the age of 21 who is caught driving with any amount of alcohol in their system can be charged with a DUI. DUI is a charge for minors, but they can also be charged with DWI in Texas if they’re caught driving with a BAC of over .08%.
In general, because DUIs are given to minors with less than .08% blood alcohol, they have less severe penalties than DWI, although both are still serious charges that can impact the quality of life for the accused for the rest of their lives.
How long does a DWI case take in Texas?
DWIs can take a long time to conclude in Texas. Although the speed of your case will depend entirely upon its circumstances and your attorney, in general, less severe cases move faster, while more complex or serious cases move more slowly.
It often takes 20-40 days to even get a court date assigned for a misdemeanor DWI, and felony DWI can take up to a few months.
This timeline is just for being assigned the initial court date, which will take place near the very beginning of your DWI case. Afterwards, you’ll be waiting on the court for completion of each step, which can take as long as a few years in more complicated, high-stakes cases.
What happens during DWI cases in Texas?
Okay, so what is actually going to happen during your DWI case? The example below shows what happens in a DWI case that ends up going to trial. If your case doesn’t go to trial, because your attorney can secure your desired outcome without doing so, even better, but you’ll still need to go through steps 1-5 minimum:
- Arrest. As you know, the DWI process begins with you being arrested after failing a BAC test or otherwise giving the officer probable cause to arrest you.
- Booking. After the arrest, you’ll be taken to the local police station or county jail for booking. This process involves the police taking down your personal information, taking your mugshot, fingerprinting you, and confiscating all of your possessions while they hold you and wait for your arraignment.
- Arraignment. This is your first court appearance. During this appearance, the judge will read out the charges against you, and you will have an opportunity to enter a plea. Do not enter a plea without first consulting a Houston DWI attorney.
- Bond. The court will set your bond, and you will need to pay it in order to secure your conditional release from holding. Under most circumstances, your bond will be set within 48 hours of your arrest.
- ALR. Unless you schedule an ALR hearing, your license will face automatic suspension before the court knows if they are going to convict you.
- Plea entry. This is your official opportunity to declare yourself Guilty or Not Guilty. If you haven’t spoken to a lawyer by this step, you’re probably looking at a conviction.
- Pre-trial. The pre-trial period allows your attorney to address problems that will likely arise during the trial and allows them an opportunity to avoid trial altogether.
- Trial. If trial cannot be avoided, your attorney will have to argue your case in front of a judge or jury. This is when witnesses are called, evidence is argued over, and the details of your case are intensely litigated. Hiring a trial lawyer is always a good idea for high-stakes cases.
- Verdict. Finally, you’ve come to the end, and you will either be found Guilty or Not Guilty. Hopefully, you hired a good attorney and you walk away with your freedom intact.
No matter what the circumstance of your DWI case, it will likely be a long road to resolution. If you want to make this time and energy worthwhile, you need to make sure you hire a Houston DWI lawyer who you can trust. Thiessen Law Firm has won 1,000s of cases for our clients, which includes 100+ Not Guilty verdicts.
What is the best-case scenario for DWI?
So, what are we really hoping for at the end of our DWI cases? Can a DWI be dismissed in Texas? Yes, but you’ll need to work with an attorney who knows how to get a DWI dismissed and has experience doing so.
Although dismissals are not always an option, there are a number of outcomes that may represent your best-case scenario.
- A reduction of charges is sometimes the best-case scenario based on the circumstances of your case. Even if you end up having to face some penalties, avoiding or reducing jail time, as well as the impact on your future, should always be seen as a massive win.
- Dropped or dismissed charges mean that you avoid conviction and trial entirely. Dismissals and dropped charges should always be your attorney’s goal.
- Deferred adjudication programs can see you avoiding a conviction by fulfilling some court-mandated requirements and waiting out a probationary period.
- A Not Guilty verdict, or an acquittal, is about the best thing your attorney can accomplish. Although you have to go through trial to be found Not Guilty, it is sometimes the only way to win a case.
Continue reading: What does acquitted mean?
Need defense for your DWI case? Call Thiessen Law Firm today.
Dealing with a DWI case can be an unpredictable, frustrating, and disorienting experience — luckily, you don’t have to go through it alone. With a good DWI attorney by your side (and a little patience), you can hold out hope that someday, your DWI case will be a thing of the past.
Mark Thiessen and the Houston DWI lawyers at Thiessen Law Firm have made their name on difficult DWI cases in Texas. If you or a loved one are currently facing DWI charges and need a partner to share the burden, Thiessen Law Firm can help.
Call Mark Thiessen and Thiessen Law Firm today at (713) 864-9000 or contact us online and ask us to make your DWI case ancient history.
More Helpful Articles by Thiessen Law Firm:
- Refusing a Breathalyzer in Texas: Why “Do Not Blow” is Bad Advice
- When Can Police Search Your Car in Texas?
- What Happens After Being Arrested for a DWI
- What Not To Do After a DWI Arrest
- Can a Breathalyzer Test Be Wrong?
