What Happens After A Dwi Arrest In Texas?
Administrative License Revocation:
To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension(usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. It is our opinion you should requests the officer's presence at the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.
lst Appearance:
If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually 30 days after your arrest). If you hire an attorney, the attorney can usually make this appearance for you, so that you do not have to attend. During this 30 day period, the case is sent to the County Attorney's office for further investigation. The County Attorney then prepares an information and files this with the County Clerk, and your case is set on the court's docket.
Pretrial Conference:
Your attorney will discuss your case with the County Attorney to discuss the best possible resolution of your case. This conference will happen about 810 weeks after your 1st Appearance date.
Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pretrial conference.
Trial:
You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve.
Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.
Other Texas Drunk Driving Defense FAQs
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Q:
Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?
A: Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you. -
Q:
Will I Go To Jail?
A: An experienced attorney may be able to keep you out. -
Q:
I Have Three Serious Offenses Within Ten Years, What Will Happen?
A: The third DWI is most likely a felony and you could spend up to 10 years in prison and receive a $10,000.00 fine. -
Q:
What Is The Effect Of A Second Dwi Conviction Within Five Years Of A Prior Conviction On My Drivers License?
A: Your drivers license can be suspended for up to two years without the ability to get an occupational drivers license the first year. -
Q:
How Many Hours Of Alcohol Classes And Community Service Will I Have To Take?
A: Plan on at least 2448 hours of alcohol classes and any where from 4880 or more hours of community service. -
Q:
What Will Happen If I Do Not Complete The Classes Or Public Service Ordered By The Court?
A: You will go to jail and if you do not complete the alcohol classes and your license will be suspended. -
Q:
I Lost My Texas License. May I Obtain A License In Another State?
A: In most cases, no. -
Q:
If I Obtain An International Driver's License, May I Drive In Texas, Even Though My Texas License Is Revoked?
A: No -
Q:
What Can I Do To Save My Texas Driver's License?
A: First and foremost, hire an experienced attorney. There are many factors to consider. Request a hearing and request the officer's presence. It will give you a … More -
Q:
What Are The Speed Limits In Texas?
A: Unless Otherwise Posted Prima Facie Interstate 75/ 70mph Ltd Access Rds 75/ 70mph Other Primary Rds 70 mph Residential 30 mph More