A DWI (driving while intoxicated) charge differs from most criminal offenses because it invokes two legal proceedings upon arrest, including the Department of Motor Vehicles (DMV) administrative hearing and criminal proceedings. Your job during the DMV hearing is to prove that you deserve to retain your driving privileges, pending the outcome of your case.

However, during the criminal proceeding for the alleged charge, you should be ready to challenge the allegations you are facing to avoid a conviction, which could result in steep fines and lengthy jail time. If you are a first-time offender, undergoing the court process could be intimidating and confusing, especially if you do not have an attorney.

Knowing what to anticipate after an arrest, whether it is for a first offense or a repeat offense, could help you fight the allegations you are up against for the best outcomes. This article will explain the steps or procedures you should expect upon an arrest on suspicion that you were driving while intoxicated, which is unlawful.

What DWI Means in the Eyes of the Law

Generally speaking, you commit the offense of DWI when you drive or operate a motor vehicle while intoxicated or under the influence of drugs, alcohol, or both. Being "intoxicated" means he/she does not have the normal mental and physical ability to drive as a cautious, sober driver would in a similar situation.

Although it is legal for adults to drive with a BAC (blood alcohol concentration) not exceeding 0.08%, you could be in trouble with the law if the police detect that you are intoxicated after stopping at a DWI sobriety checkpoint.

In addition to measuring your BAC using breathalyzer equipment, the officer can determine whether or not you are intoxicated by asking you to undertake FSTs (field sobriety tests) like walk-and-turn and one-legged stand. When the police detect that you are intoxicated, they will arrest you, even if your BAC is below the legal limit.

If you are an underage driver (under 21 years old), any detectable amount of alcohol in your breath vapor could be enough to give a police officer a reason to arrest you on suspicion that you were impaired while driving. Zero tolerance laws make it illegal for underage drivers to drive with any measurable amount of alcohol in their system.

Step-by-Step Guide to the DWI Criminal Process

Police must follow specific procedures before and after an arrest for allegedly driving while intoxicated, just like they would for any other crime. The existence of various criminal procedures ensures that an arrestee goes through a fair and just process that protects his/her legal rights.

Your DWI attorney will inform you of the procedures to expect and help you prepare adequately for the possible outcome. The DWI criminal process typically involves:

An Arrest

Every criminal process starts with an arrest, where a law enforcement officer finds probable cause to arrest and detain you. Generally speaking, an arrest for DWI occurs on highways or roads because the nature of this crime involves operating a vehicle while intoxicated by alcohol or drugs.

Although the police signaling or pointing your vehicle to pull over at a DWI sobriety checkpoint does not mean an arrest is inevitable, most DWI arrests begin here. Once you pull over at the sobriety checkpoint, the police will ask questions about what you have had to drink or ingest and possibly ask you to perform a series of FSTs to see whether you are impaired.

The primary purpose of FSTs is to establish whether you have the physical and mental coordination to drive like a cautious driver. When you fail these tests and any other sobriety tests the police officer will administer, he/she will have sufficient probable cause to initiate a DWI arrest.

The Booking Procedure

Soon after your DWI arrest, the arresting officer will take you to the closest sheriff’s station using their van for the booking procedure. The booking procedure helps the arresting officers collect your personal information and details of the offense for documentation as your case moves through various stages of the criminal justice system.

Generally, this procedure will not take much time once you arrive at the sheriff’s station. Below are examples of the details the booking officer or arresting officer will collect during this procedure:

  • Your mugshot (passport-sized photograph).
  • Your legal names.
  • Your phone number.
  • Your home address.
  • Your fingerprints.

After recording all crucial identifying and personal information, the officer will search your person thoroughly for contraband or illegal drugs, mainly if you are under arrest on suspicion that you were driving under the influence of drugs.

Before the officer puts you in the detention facility or jail, awaiting your bail hearing, you must turn over your personal belongings, including watches, car keys, necklaces, and any other item for safekeeping before your release.

During this stage of the DWI criminal process, the arresting officer will conduct a thorough background check to establish whether you have a record of similar offenses because DWI is a priorable offense. If you have a DWI record, your subsequent conviction for a similar offense will attract harsher penalties.

However, if you have an attorney in your corner, there are chances that you could avoid a conviction or have the alleged DWI offense reduced to a lighter charge.

Posting or Paying Bail to Obtain Your Freedom

After the booking procedure, you should talk with your attorney as soon as possible to help you obtain your release on bail and prepare defenses to challenge the allegations you are facing for the best attainable outcome.  In most DWI offenses, you could qualify for a release from jail on bail if you did not hurt or kill anyone in an accident caused by intoxication.

Typically, the court will set bail for your offense within less than thirty-six (36) hours upon an arrest on suspicion that you were impaired driving to protect your innocence before your case's trial date. During the bail hearing, the judge will ask you or your attorney questions about your DWI arrest. Then, he/she will determine your eligibility for bail based on the following factors:

  • Whether you have a record of skipping bail.
  • Whether you have a criminal record.
  • Whether you are a flight risk.
  • Whether you have community or family ties.

Once the court sets your bail, you should work towards paying the necessary amount in full as soon as possible to secure your release from jail. However, if you are indigent or it is challenging to afford the required bail amount, your attorney can help you find a dependable bail bondsman to post a bond on your behalf.

Once you receive a release on bail or bond, you should abide by all the court-set terms and conditions until your case is over, particularly showing up for your scheduled hearing dates. When you skip bail or fail to attend your hearings, the court will issue an arrest warrant, authorizing the police to arrest and detain you.

When that happens, the court could detain you without the possibility of bail until your DWI case is over, which could take weeks, months, or years to resolve.

Arraignment

Once you receive your freedom on bail, you should prepare for the arraignment hearing, where the judge will do the following:

  • Read the charges you are up against.
  • Inform you of your constitutional rights, including the right to have a public defender represent your best interests if you cannot afford a personal attorney.
  • Give you a chance to enter a plea of your choice, including not guilty, guilty, and no contest.

Your attorney can help you choose a favorable plea, depending on the facts of your case. Since pleading "guilty" will give you a criminal record for a DWI offense, most defense attorneys recommend entering a "not guilty" plea to challenge the offense at trial for the best possible outcome.

When you enter a "not guilty" plea, the judge will schedule the next court proceeding and give you a conditional release, pending the outcome of your case. One of the conditions of your release includes installing an IID (ignition interlock device) on your vehicle, which stops your car from igniting once it detects alcohol in your breath vapor.

Plea Bargain Process

Depending on the facts of your case, your attorney could strive to obtain a favorable plea deal instead of challenging the allegations you are facing at trial. Your attorney could negotiate with the prosecutor presiding over your case to obtain a favorable plea deal or reduce the alleged charge to a lighter offense. However, you must enter a guilty plea to the alleged DWI crime in exchange for a reduced charge.

While a plea deal could seem favorable in your case, a seasoned DWI attorney will inform you that the disadvantages outweigh the advantages because a criminal record is inevitable. With a criminal record, you could experience challenges renting an apartment or securing a reliable job, even for a lighter or reduced charge like wet reckless.

If the prosecutor offers you a plea choice upon an arrest on suspicion that you were impaired driving, your DWI attorney can help you decide whether to accept it. With a seasoned and aggressive DWI attorney in your corner, you could secure a conditional release and challenge your case at trial for the best possible outcome, including the case's dismissal or a lighter charge.

Preliminary Hearing

The court will schedule a preliminary hearing or proceeding if your DWI case is a felony. For instance, if you caused the death of another person due to intoxication, the court will likely schedule a preliminary proceeding or hearing to determine whether there is enough evidence for your case to stand trial.

The court will likely drop your case if the evidence against you is insufficient to support a jury or bench trial.

Pretrial Motions

A critical requirement in each criminal case is that every party (both the prosecutor and your attorney) must exchange evidence they plan to present at the trial phase of the legal justice system.

When the prosecutor presiding over your case presents all his/her evidence against you before a judge, your DWI attorney can file different pretrial motions to weaken his/her case against you. One of the motions your attorney could file is the "motion to suppress," which gives him/her a chance to challenge the methods the arresting officers used to obtain the evidence against you.

If your attorney's evidence and argument are reasonable and clear, the judge could exclude the illegally obtained evidence from your case, meaning the prosecutor cannot apply it against you at trial.

Trial Hearing

As mentioned in the previous paragraph, when you enter a "not guilty" plea at the arraignment hearing, you should be ready to challenge the charge at trial. The trial is the most challenging and intimidating stage of the legal justice system because the court's decision or judgment at this point could impact your life.

The trial process starts with your DWI attorney choosing the jurors who will determine whether or not the allegations you are facing are true beyond a reasonable doubt. After selecting jurors, the prosecutor will explain the case he/she has against you in an opening statement and summon witnesses to testify, if any.

Once the prosecutor presents his/her case against you, your defense attorney will present his/her evidence to the jurors and question the witnesses. You can testify as an eyewitness or honor your constitutional right to remain silent during this hearing. When you decide to stay quiet, the jurors will not use that against you because it is your legal right.

Sentencing Hearing

When you enter a "guilty" plea or the court finds the allegations you are facing are true beyond a reasonable doubt, your case will proceed to the sentencing hearing. During this hearing, the court will determine a suitable punishment or sentence for the DWI conviction. The sentence you will receive upon a DWI conviction depends on the following factors:

  • Whether you have a past conviction.
  • The nature and facts of your offense.

Your attorney will have a chance to present his/her mitigating arguments to convince the court that you deserve the minimum sentence for the DWI offense conviction. If you are below twenty-one (21) years old, you could face the following penalties upon a DWI offense conviction:

  • Suspension of your driving privileges.
  • Probation.
  • A fine.
  • Perform community services.

However, if you are an adult, the sentence you will face upon a conviction for a DWI offense will be stringent because you are entirely accountable for your actions and behavior on the highway. Below are the penalties you should expect upon a conviction for a first-time DWI offense, a second-time DWI offense, or a third-time DWI offense, respectively:

  1. First-Time DWI Offense

If it is your first-time DWI offense conviction, your sentence could include the following:

  • A fine not exceeding $2,000.
  • A jail term not exceeding six (6) months.
  • Mandatory DWI classes.
  • Installation of IID in your vehicle.
  • Driver's license suspension for up to one (1) year.

  1. Second-Time DWI Offense

If it is your second-time DWI offense conviction, the court will impose more severe penalties to discourage you from repeating similar behavior after serving your sentence. Generally, a second-time DWI offense conviction will carry the following potential penalties:

  • A jail term of between thirty (30) days and twelve (12) months.
  • Up to $4,000 maximum fine.
  • Driver's license suspension for a minimum of one (1) year.
  • Mandatory enrollment in DWI classes.
  • Mandatory installation of an IID in your vehicle.

  1. Third-Time DWI Offense

Upon a third-time DWI offense conviction, your sentence could be very stiff and life-changing because it shows you are a notorious habitual offender. Listed below are the potential penalties for a third-time DWI offense conviction:

  • A fine not exceeding $10,000.
  • A jail sentence of not less than ten (10) years.
  • Mandatory installation of IID in your vehicle.
  • Mandatory enrollment in DWI classes.

Having a skilled and seasoned DWI defense attorney in your corner through every stage of the criminal justice system upon an arrest on suspicion that you were impaired driving is the key to obtaining a desirable outcome. An aggressive and skilled attorney will know which defenses will work in your favor to secure the best possible outcome at trial, including:

  • You were not driving.
  • The exhibited objective signs of intoxication were due to innocent reasons like allergy or fatigue.
  • You are a victim of police misconduct, for example, illegal search.
  • The arresting officer did not give you proper instructions during the FSTs.
  • The breathalyzer equipment used to determine your BAC level was faulty.
  • Involuntary intoxication.

It is worth noting that having a valid medical prescription to use certain drugs like marijuana is not a viable defense to DWI charges. Your DWI defense attorney will access your case's unique facts and circumstances to determine the specific defenses that will work in your favor to obtain a desirable outcome.

Find a Defense Attorney Near Me

With your freedom and reputation at stake, you would not want to deal with the prosecutor and jurors without legal representation by a skilled attorney if you are under arrest or charged with a DWI offense. With the legal help of our reputable and profound attorneys at Fort Worth DWI Defense Lawyer, you can expect the best possible outcome at every stage of the legal justice system.

We invite you to call us at 817-470-2128 to discuss your case with our understanding DWI defense attorneys.