What Happens After a DWI Arrest?
The National Highway Traffic Safety Administration (NHTSA) reported that
in 2009, over 1.4 million people were arrested for allegedly drunk driving.
For many people, this type of arrest is the first time that they have
ever had to deal with any area of criminal law. This can leave them confused
about the process and frightened for the future. I understand how difficult
of a situation it can be to deal with the aftermath of a DWI arrest and
I am fully committed to ensuring that my clients are given the support
that they need. In an effort to inform the accused of the process that
they are facing after a DWI arrest, I have included a basic step-by-step
process of what to expect:
DWI Traffic Stop
The first part of the process is what you have likely already experienced
– the DWI stop. In the state of Texas, there are no sobriety checkpoints
(as the state views them as unconstitutional), so the only time that a
DWI arrest can be made is during a traffic stop. This can only occur should
a law enforcement officer observe that there has been some sort of infraction
of the law. For example, a peace officer cannot pull a driver over because
they saw them pulling out of the parking lot of a bar, but they can if
they see the driver weaving between the lanes, driving at erratic speeds
or ignoring traffic signs.
Once you have been pulled over, you will be asked by the officer to show
them your valid driver license, as well as proof of insurance and registration.
If the officer has reason to believe that you are under the influence
of alcohol and/or drugs, they will likely proceed into the next stages
of the case – namely, proving your intoxication. This will involve
field sobriety tests, breath tests & the more complex blood tests.
If these are interpreted to prove drunk driving, the officer will arrest
you and place you officially into custody.
Booking
Once you have been arrested and taken to the local jail, you will be officially
"booked." During this process, all of your information will
be taken from you and put into the inventory system. This will include
your name, your fingerprints and any other relevant information which
essentially proves that you were there. You will also be searched at this
time and all personal property will be removed from your person.
Setting of Bond
After you have been booked, you will likely be taken into a jail cell to
wait. In most cases, within twelve hours you will be taken to Pretrial
Services, which will interview you and determine your "flight risk."
This will be a large factor in setting the amount of your bail. The bond
is essentially a promise that you are making where you state that you
will come back and show up to all of the hearings. In cases where you
can pay the bond, you may pay out-of-pocket – this is commonly known
as a "cash bond." If you are unable to afford bond, however,
you can work with a bondsman or woman with what is known as a "surety
bond." During this process, they will post bond on your behalf.
ALR Hearing
Separate from the rest of the criminal process, those arrested for drinking
& driving will also need to deal with the ALR hearing. This is a civil
case which may result in the suspension of your driving privileges. After
you have been arrested, you will be given a "Notice of Suspension."
After receiving this, you will only have 15 days during which to request
your ALR hearing. At this hearing, it will deal with the proceedings of
the arrest. Keep in mind that this is completely separate from the criminal
hearing. It is entirely possible for your license to be suspended at the
ALR hearing, but not during the criminal case or vice-versa. You therefore
need to be confident that you have an experienced lawyer on your side
to help protect your rights.
First Appearance
After bond has been set, the first time you appear before the court is
known as "first appearance." During this, the court will be
informed whether or not you are represented by legal counsel, as well
as give your attorney a chance to request evidence gathered by law enforcement
(such as videos, police reports and DWI test results).
Announcements
Depending on the circumstances of the case, you may be required to attend
several announcements. There will generally be two or more. In these cases,
you will be able to tell the court whether or not you are prepared to
enter your plea. For certain announcements, you may not be required to show up.
Plea Setting & Pre-Trial Setting
What happens next during the case will depend entirely on what plea you
choose to enter. If you enter a plea of guilty, you be scheduled to appear
at a "plea setting." At this time, you will officially enter
the plea and will be sentenced. This may include fees, incarceration,
as well as potential probation. All of this will be determined and announced
at the plea setting.
If, however, you enter a plea of not guilty, you will be scheduled to appear
instead at a "pre-trial setting." This is an informal setting
which is also referred to as "pre-trial conference." During
this, your attorney will be given further opportunity to review the evidence
corresponding to the case, as well as negotiate any plea bargains if offered.
Pre-Trial Hearing
In some cases, before the trial proceeds, there might be what is known
as a pre-trial hearing. According to Article 28.01 of the Texas Code of
Criminal Procedure, this may be set by the court based on the merits of
the case. At this time, there are several different things which may be
determined. This may include things such as the arraignment of the defendant,
pleadings, motions, as well as discovery and entrapment.
Trial
After you have navigated through the above steps, it will come time for
to actually have your trial be held. During this, both sides will present
their arguments and supporting evidence so that a judge or jury can determine
the question of your guilt. There are, generally, six different stages
which will occur during the trial. This includes the selection of the
jury, opening statements, witness testimony & cross-examination, closing
arguments, jury instruction and the delivery of the verdict.
It is important to recognize that in criminal trials, it is the burden
of the prosecution to prove beyond a reasonable doubt that the defendant
is guilty. To achieve this, they may use evidence, opinions of experts,
as well as witnesses if necessary. If you are found guilty at the trial,
you will be sentenced by the judge and will move forward into the punishment.
If you found not guilty, it will be over.
Contact the Samuelson Law Firm as soon as you can!
The above should not be taken for legal advice but, rather, the generalization
of the steps which may be experienced during the criminal process. If
you are looking for more information about what can be done to protect
your rights and what to expect throughout the criminal process, it is
extremely important to get the involvement of a knowledgeable lawyer.
At my firm, I am dedicated to keeping my clients informed throughout the
entire process. I know that it can be daunting to face a criminal process
and I want to help in any reasonable way that I can. To discuss your case
in specifics, please pick up the phone and call today! I look forward
to hearing from you.