If you have recently been arrested for driving while intoxicated (DWI) in Texas, it’s natural to feel confused, overwhelmed, and anxious about what comes next. The legal process can seem daunting, and the consequences of a DWI conviction are serious. Whether it’s your first offense or you’ve faced charges before, it’s important to understand the steps you will need to navigate in order to protect your rights and achieve the best possible outcome for your case. At Wilder Law Firm, we understand the stress and worry you’re experiencing. We are here to guide you through each phase of the DWI legal process, offering you support and representation every step of the way. Below, we’ll break down the key steps involved, so you know what to expect.
Arrest and Immediate Consequences
The process begins the moment you are arrested. If a police officer has probable cause to believe that you were driving while intoxicated, they will stop you and conduct field sobriety tests or a breathalyzer test. If the results of these tests show that your blood alcohol concentration (BAC) is above the legal limit of 0.08%, you will be arrested for DWI.
Once you’re arrested, you’ll be taken to the police station, where you’ll likely be asked to take another breath or blood test to confirm your BAC. If you refuse the test, you may face additional penalties. In Texas, the law requires that you surrender your driver’s license immediately, and you may be issued a temporary permit to drive for 40 days. After that, you’ll need to attend a hearing to contest the suspension of your license. These immediate consequences highlight the importance of acting quickly and getting legal help as soon as possible.
Preliminary Hearing and Bail
After your arrest, you’ll be scheduled for a preliminary hearing. During this hearing, the judge will review the evidence against you, such as the officer’s testimony and the results of your BAC test. You will have the opportunity to enter a plea, but many people facing DWI charges in Texas choose to enter a “not guilty” plea. At this stage, your lawyer may also request bail, which will allow you to be released from jail while awaiting further proceedings in your case.
Bail is determined by a judge and is based on factors like the severity of the offense, whether you have prior convictions, and whether you are a flight risk. If granted bail, it’s crucial to meet all court obligations, as failure to do so could result in further legal complications.
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Pretrial Motions and Discovery
In the weeks or months following your arrest, your attorney will begin working on your case. One of the first steps in this phase is the discovery process. Discovery involves the exchange of evidence between the defense and prosecution. Your attorney will request copies of police reports, dashcam footage, and any other evidence the prosecution intends to use against you. This is an essential part of building a defense and ensuring that no improper evidence is used in your case.
During this time, your attorney may file pretrial motions to challenge the evidence or seek to have certain pieces of evidence excluded. For example, if the police violated your rights during the arrest or if the breathalyzer test was improperly administered, your attorney may ask the court to dismiss those charges or reduce the penalties you face.
Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!” - Anil Lingutla I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10." - Isaac Harrell After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm." - JJ Canter
Plea Negotiations or Trial Preparation
After the discovery process, you and your attorney will discuss the best approach to your case. In many cases, your attorney may negotiate with the prosecution to reach a plea deal. Plea negotiations involve discussions between your lawyer and the prosecutor to agree on a lesser charge or reduced penalties in exchange for a guilty plea. This can be a beneficial option if the evidence against you is strong and you want to avoid the uncertainty of a trial.
However, if a plea deal cannot be reached, your case will proceed to trial. At this stage, your lawyer will prepare a defense strategy. The prosecution will need to prove beyond a reasonable doubt that you were driving while intoxicated. Your attorney will work to create doubt in the minds of the jury, presenting evidence that could show that the tests were inaccurate or that the arrest was unlawful.
DWI Trial and Verdict
When your case goes to trial, both the prosecution and the defense will present their arguments. The prosecution will attempt to prove that you were operating a motor vehicle with a BAC over the legal limit, while your attorney will attempt to discredit the evidence or argue that you were not intoxicated at the time of your arrest.
During the trial, both sides will present witnesses, such as law enforcement officers and expert witnesses, to support their arguments. You may also have the option to testify on your behalf, although you are not required to do so. Once all evidence has been presented, the jury will deliberate and reach a verdict.
If the jury finds you guilty, the judge will then proceed to sentencing. If you are found not guilty, the charges against you will be dismissed, and you will be free to go.
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Sentencing and Penalties
If you are convicted of a DWI in Texas, the penalties can vary depending on factors like the number of prior offenses and whether anyone was injured in the accident. For a first-time DWI offense, you could face fines, license suspension, mandatory alcohol education classes, and even jail time. The penalties become more severe if you have prior convictions or if you were involved in an accident.
Your attorney will work hard to ensure that the penalties you face are as minimal as possible. In some cases, it may be possible to avoid jail time by completing community service or entering into probation.
Post-Conviction Options and Appeals
After a conviction, you still have legal options available to you. Your attorney can help you determine if there are grounds for an appeal, which could lead to the conviction being overturned or the sentence being reduced.
Appealing a DWI conviction requires showing that legal errors were made during the trial that affected the outcome. Common reasons for an appeal include improper jury instructions or incorrect rulings by the judge. If the appeal is successful, the court may order a new trial or modify the penalties imposed on you.
Facing DWI charges in Texas can feel like an overwhelming experience. From the arrest to the trial, there are many steps involved in the legal process. However, with the right legal representation, you can navigate the process with confidence and achieve the best possible outcome for your case. At our firm, we are committed to providing you with the support, guidance, and representation you need throughout the DWI legal process. We will work tirelessly to ensure that your rights are protected and that you have the best chance for a successful result.
If you’ve been arrested for a DWI in Texas, don’t face the legal process alone. Contact our team at Wilder Law Firm today to schedule a consultation and begin working on your defense. We are here to help you through every step of your case and to secure the best possible outcome for your future.