Facing a Driving While Intoxicated (DWI) charge can be overwhelming. This is because this offense invokes two different legal proceedings: criminal proceedings and DMV (Department of Motor Vehicles) administrative hearings. During a DMV hearing, you want to show that you are deserving of retaining driving privileges pending the results of your criminal proceedings case.
During criminal proceedings for your DWI charge, you want to retain a legal representative to help you build solid defenses to challenge the allegations against you. This is because undergoing a DWI criminal procedure on your own can be intimidating.
Your lawyer will take you through the DWI criminal process step by step so that you can anticipate what to expect after you have been arrested and help ease some of your concerns. This article explores all you need to know about a DWI criminal procedure.
Understanding DWI under Texas Law
Driving While Intoxicated (DWI) is an offense defined under Texas Penal Code Section 49.04. You commit a DWI if you operate or drive a motor vehicle in a public space while intoxicated. Operating means that you have control over the motor vehicle.
Definition of Intoxication
Under Texas law, you are intoxicated if you have a blood alcohol concentration (BAC) of 0.08% or higher or if you do not have the regular use of your physical or mental faculties due to drugs or alcohol. Even though you can legally operate a car, if your BAC is below the legal limit and the law enforcers suspect that your ability to drive is impaired, you could be arrested when stopped at a DWI sobriety checkpoint.
At the checkpoint, the police could make you undergo some tests to establish the amount of intoxication. They include a standardized FST( Field Sobriety Test), which is done to assess cognitive and physical abilities. This test comprises walking, turning, and standing with one leg. PAS ( Preliminary Alcohol Screening test), also known as a breathalyzer, measures the alcohol in your breath.
Upon your arrest also, you could undergo a chemical test to determine your level of intoxication.
Understanding the DWI Criminal Procedure
Every offense you commit is subject to a procedure that guides law enforcers in handling you once you have been arrested. As a first-time DWI offender, you may not know the criminal proceedings of the offense. You, therefore, want to seek the legal counsel of an experienced lawyer who will help you understand the criminal procedure of a DWI offense.
The DWI criminal procedure involves the following:
- Arrest
The DWI criminal procedure starts when you are arrested. If a law enforcement officer suspects that you are driving while intoxicated, they will pull you over. During this stop, they might ask you what you had been drinking and then ask you to do an FTS (field sobriety test), such as standing on one leg or walking in single lines.
If you stagger or the law enforcement officer believes you are impaired, based on these tests or other observations, you could be jailed.
- Booking Process
Upon your arrest, the officer will ask you to enter their car and take you to the nearest sheriff’s station. There, the booking process will begin. You will be asked to provide your personal details, such as your name, phone number, home address, and fingerprints, and have your mugshot taken. This information will help your case move smoothly through the whole procedure.
If you were arrested on suspicion of being intoxicated with drugs, the arresting police will now search you for illegal drugs or contraband. You will then be requested to hand in your personal belongings, such as car keys, necklaces, or watches, before being put in jail awaiting your bail hearing.
During this stage, the law enforcer will also run a background check on you to see whether you are a repeat offender or have been convicted of any other crime related to a DWI offense. If your criminal record shows that you were convicted of a DWI offense before this arrest, the information will be keyed in, and if found guilty once again, your penalties could be harsher.
However, if you retain a defense lawyer, your DWI charges could be dismissed or reduced to a lesser crime.
- Posting Bail
After booking, the next step is addressing bail. Bail is a monetary amount the court sets to ensure you return for your court appearances. The amount of bail can vary depending on several factors, including the severity of the offense, your criminal history, and the likelihood that you will appear in court.
In some cases, you might be eligible for a pre-set bail amount, allowing for a quicker release. However, if a crime does not have a pre-set bail amount, you may have to appear before a judge for a bail hearing within 36 hours of your arrest.
Your lawyer will help you pay the bail amount or communicate to your loved ones about the amount required. In a bail hearing, the judge will consider whether you are a flight risk or a danger to the community before setting bail. Other factors that could influence their decision are your criminal history and the likelihood of skipping bail.
If you cannot afford the bail amount, you might have the option to use a bail bondsman. A bail bondsman will post bail on your behalf for a fee, usually 10% of the total bail amount. Depending on the policies of the bail bondsman service you seek, you can pay overtime.
Securing your release on bail allows you to prepare for your defense more effectively, maintain your employment, and support your family. Once released, you should also abide by the rules the court sets to avoid re-arrest or being charged with another crime. If you fail to obey the rules, you could be rearrested, and this time, you will not have the benefit of being released on bail, and your case could take months or years to resolve.
- Arraignment in Court
An arraignment is your first official court appearance after being charged with a DWI. During this hearing, you will formally hear the charges against you and be told to enter a plea. Your options are ‘not guilty,’ ‘guilty,’ or ‘no contest.’ You want to have your lawyer by your side now so they can help you enter a plea with the most favorable outcome.
At the arraignment, the judge will also inform you of your rights, including your right to a trial by jury and the right to an attorney if you cannot afford one. Also, if you still need to post bail, the judge will review your bail status and may adjust the amount or conditions based on the circumstances.
If you enter a ‘not guilty’ plea, your case will proceed to further court hearings and potentially a trial. Your lawyer will advise on the best plea based on the evidence and specifics of your DWI case. The judge will, at this stage, release you on the condition that you install an IID (ignition interlock device) in your motor vehicle as a measure to curb driving while intoxicated. An IID stops your car from igniting upon detecting that you are drunk with alcohol through your breath.
- Plea Bargain
After the arraignment, the next step is to engage in plea bargaining. In this process, your attorney negotiates with the prosecutor so that your case can be solved without you needing to go to trial. Here, you agree to plead guilty to a lesser or the original DWI charge in exchange for a more lenient sentence, such as probation instead of jail time. This can make you more confident in your case and reduce the stress of a trial.
Your lawyer will advise you on whether to accept a plea deal after they assess the prosecutor's case for any mitigating factors and the circumstances surrounding your case. For example, if the evidence against you is strong, a plea bargain might result in a reduced charge, such as reckless driving instead of DWI, or a lesser sentence, such as probation instead of jail time.
Even though a plea deal may seem favorable, your DWI lawyer must help you determine whether the disadvantages of entering a guilty plea outweigh the advantages before you settle. With the proper guidance, you could be sentenced to a lighter charge.
However, you must know that once you accept a plea bargain, you waive your right to a trial and other procedural protections. Such a conviction will be added to your criminal record, and you should know that a DWI record is permanent.
- Preliminary Hearing
In a preliminary or probable cause hearing, the court determines whether there is enough evidence against you to proceed to trial. The prosecutor will present evidence against you and could call witnesses to testify that you committed the DWI offense.
At this hearing, your attorney will cross-examine the witnesses and challenge the prosecution's evidence. Your lawyer will also present evidence or call witnesses to counter the allegations against you. You want to demonstrate that the prosecution's case cannot warrant a trial. If the judge finds the prosecution’s evidence insufficient, your case could be dismissed. However, if the judge believes probable cause exists, your case will proceed to the trial stage.
However, this hearing only applies if you were arrested for a DWI felony. You are charged with a DWI felony if you caused deaths or significant bodily injury driving while intoxicated.
- Pre-trial Motions
Before the trial stage, your attorney and the prosecution must present the evidence they have gathered. Your lawyer will examine the prosecution's evidence against you to scrutinize how it was obtained. If there are any inconsistencies or false information, your lawyer could argue that the prosecution’s evidence is insufficient in an attempt to dismiss your charges and protect your rights. Some of the DWI trial motions include the following:
- The motion to suppress evidence: If law enforcers obtained the evidence against you unlawfully, for example, through an illegal traffic stop or improper handling of a breathalyzer test, your lawyer could file a motion to suppress the evidence. If successful, this evidence cannot be used against you in court, which could weaken the prosecution's case.
- The Motion to Dismiss: If the prosecution's case contains many inconsistencies or is insufficient, your lawyer could file a motion to dismiss the charges against you. For example, the judge might dismiss the case if the prosecution fails to provide sufficient evidence to support the charges.
- Trial
Your case will proceed to trial once you plead not guilty at the arraignment stage. At the trial stage, your lawyer and the prosecution will present their arguments and evidence before a judge or jury.
- Jury Selection
Your trial will begin with the selection of the jury. The prosecution and your attorney will question potential jurors to determine whether they are fair and impartial. If either of them believes a juror is biased, they can request their removal. Your lawyer must take this step seriously, as jurors can decide your fate.
- Opening Statements
Here, the prosecution will present its case against you and what it intends to prove, while your lawyer will present an overview of your defense strategy.
- The Presentation of Evidence and Witnesses
During the trial, the prosecution presents its case first. They will introduce evidence and call witnesses to testify against you to prove that you are guilty of the DWI charge without a reasonable doubt.
Your lawyer will cross-examine these witnesses and challenge the evidence presented. After the prosecution has presented its case, your lawyer will present your evidence and call witnesses to support your defense.
- Closing Arguments
After the prosecution and your lawyer have presented their evidence, they will make their closing arguments. This is where each side will give a summary of their case to compel the jury and judge to reach a verdict in their favor.
The prosecution will highlight their evidence and argue why you should be convicted. Your lawyer will emphasize the inconsistencies of the prosecution’s case so that you can be acquitted.
- Jury Deliberation and Instructions
Following the closing arguments, the judge will give the jury instructions to guide them while they deliberate on your case. For a ‘guilty’ or ‘not guilty’ verdict to be reached and adopted, the jury must have a unanimous verdict. If there is a contradicting verdict, your case will be deemed a mistrial.
However, if your lawyer presents a compelling case, the jury can unanimously give a ‘not guilty’ verdict.
- The Verdict
Once the jury has decided, it returns to the courtroom to deliver the verdict. If you are found not guilty, you will be acquitted of the charges. The case will move to the sentencing phase if you are found guilty.
- Sentencing Phase
If you are found guilty of a DWI, the court will schedule a sentencing hearing. During this hearing, the judge will determine your appropriate punishment based on various factors, such as the severity of the offense, your prior criminal history, and any aggravating or mitigating circumstances.
For a first-time DWI offense, penalties may include a 6-month jail time, fines of up to $2000, a 1-year driver’s license suspension, installation of an IID in your vehicle, and a mandatory class on the dangers of alcohol and driving. You could face harsher penalties if you are a repeat offender.
If convicted a second time for a DWI offense, you could face up to 1 year in jail, fines of up to $5000, driver’s license suspension for one year, enrollment in mandatory DWI classes, and installation of an IID in your motor vehicle.
If you are charged with DWI and convicted for a third time, you could face even harsher penalties, as this shows you have a habit of driving while intoxicated. Upon conviction, you could face up to 10 years in prison, fines of up to $10.000, enrollment in mandatory DWI, and be asked to install an IID to prevent ignition once alcohol is detected.
Your lawyer will try to compel the judge to give you a light sentence as much as possible by presenting witnesses who can vouch for your character, say you are under medication, and any steps you have taken towards rehabilitation.
Find a DWI Defense Lawyer Near Me
Facing a DWI charge can be a daunting experience, but you do not have to present yourself. Having an experienced criminal defense lawyer by your side could make the process easier. Your attorney will explain each step of the DWI criminal procedure in simple terms so that you can know what to expect. They can also help you achieve the best possible outcome through thorough preparation for the case.
At Fort Worth DWI Defense Lawyer, we know the DWI criminal procedure can be confusing, especially if this is your first time facing such allegations. Therefore, we have a team of lawyers ready to take you through the step-by-step procedure and build solid defenses against the charges leveled against you.
Contact us today at 817-470-2128 so that we can schedule a consultation and start working on your case.
