DWI What to Expect

What to Expect When You're Charged with a DWI 

You got pulled over by the police. Maybe you blew in the breathalyzer or maybe you didn't. Maybe you did their sobriety tests, maybe you refused. In the end, they arrested you for DWI. So now what? 

Understanding the Process 

First things first, the police file their police report with the county District Attorney's Office. Once the DA accepts the charges, the process begins. If this is your first or second DWI, it'll be filed as a misdemeanor. First-time DWI's are class-B misdemeanors and carry a range of punishment of up to 180 days (6 months) in county jail and a fine of up to $2,000. Second-time DWI's are class-A misdemeanors and carry a range of punishment of up to 1 year in the county jail and a fine of of up $4,000. Three or more DWI's and you're looking at a felony with prison time and fines of up to $10,000. 

Even before the case gets going in earnest, you have to consider your driver's license suspension. In Texas your driver's license is automatically suspended when you refuse to submit to a breath/blood test or when you submit and the test result is 0.08 or higher. If you're a minor they'll suspend your license if you had any detectable amount of alcohol in your system. 

Once the case is filed it'll be assigned to a prosecutor (if it's a felony it will have to go through the grand jury process first). The prosecutor will review the case, talk to the officers, view any evidence collected and make a plea bargain recommendation. Plea bargaining is a process where you and the prosecutor negotiate a guilty or no contest plea in exchanged for an agreed upon punishment. If you do not come to an agreement via a plea bargain, you'll likely eventually set your case for trial. You can have a trial by jury or a trial by judge. In a trial by jury, a jury made of your peers (6 people in a misdemeanor, 12 in a felony) hear the evidence and then decide whether you're guilty or not guilty. In a trial by judge, there is no jury; the judge hears the evidence and decides whether your guilty or not guilty. If you're found not guilty, the case is over. If you choose, you can have your case and the related arrest expunged, or cleared off your record. If you're found guilty, you have two options. You can accept the verdict and the punishment the jury or judge gave you. Or you can appeal. In an appeal you argue to a separate appellate court that the judge or jury erred in some way and that your conviction should be overturned. 

Got it. What Now?

Right off the bat, you need to hire an attorney. If you cannot afford an attorney, ask the court to appoint you one. What's the big deal? Why do you need an attorney right now? First of all, from the very beginning the clock is ticking. Once the police read you the warnings related to your driver's license suspension, you have only 15 days to request a hearing to argue your license should not be suspended. If you do not request a hearing in that time, your license is automatically suspended. Second, the police might've lacked the legal basis for pulling you over in the first place. You need an attorney to review the case and determine whether the police had reasonable suspicion to pull you over and probable cause to search and/or arrest you. Third, without an attorney to guide you, you might feel trapped or be scared into pleading guilty unnecessarily.  You probably won't know what's a good deal and what's a bad deal. Lots of people plead guilty just to get out of jail or to get the case behind them. 

But what if they didn't have to? What if they could've gotten their case dismissed, reduced, or taken it to trial and won? What about trial - judge or jury? Should you testify or not? How do you pick a jury, put on evidence, cross examine the state's witnesses??? Finally, you need to understand all the ramifications of a DWI conviction. Social stigma, driver's license consequences, probation supervision, fines, court costs, fees, surcharges...there#039;s a lot to consider. If you're looking for a tough, experienced lawyer who understands the system and will fight for your rights - don't wait, contact us now.