A Texas DWI (Driving While Intoxicated) trial is a significant legal process, and for those unfamiliar with the court system, it can seem intimidating. Understanding the steps involved in a DWI court trial can help ease some of the anxiety and confusion that often accompanies such situations. This step-by-step guide will walk you through what happens during a typical Texas DWI trial, from the moment charges are filed to the final verdict.
PROTECTING YOUR RIGHTS AND FUTURE Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
Criminal Defense Attorney
Douglas Wilder
The Pre-Trial Process 
Before your case even goes to trial, a series of pre-trial motions and procedures take place. The first step is usually the arraignment, where the defendant is formally informed of the charges and asked to enter a plea. In Texas, you can plead guilty, not guilty, or no contest. Your plea will determine whether the case proceeds to trial or if a plea agreement can be reached.
After the arraignment, the defense attorney typically requests discovery, which is the process where the prosecution shares the evidence they plan to use in the case. This includes police reports, breathalyzer results, field sobriety test footage, and any other evidence they intend to present. Your attorney will thoroughly review this evidence to identify weaknesses in the prosecution’s case or potential violations of your rights.
At this point, your defense attorney may file pre-trial motions to suppress evidence or challenge the constitutionality of the traffic stop or the arrest. These motions are essential as they aim to prevent any evidence obtained unlawfully from being presented in court. In some cases, a judge may rule in favor of the defense and dismiss key pieces of evidence, which could significantly weaken the prosecution’s case.
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
Jury Selection
Once the pre-trial motions are settled, the next phase is jury selection. During jury selection, both the prosecution and defense are involved in choosing the jurors who will hear the case. In Texas, a DWI trial is typically heard by a jury of twelve people. Both sides are allowed to ask potential jurors questions to ensure they can be impartial.
The goal of jury selection is to select a group of people who will evaluate the evidence fairly and impartially. This is crucial in a DWI case, where the evidence is often heavily reliant on the observations of law enforcement officers and the results of tests such as breathalyzers or blood alcohol content tests.
After the jury is selected, the trial can proceed.
Opening Statements
The first phase of the trial itself involves opening statements from both the prosecution and the defense. These statements give each side the opportunity to outline their version of events and what they intend to prove to the jury.
The prosecution will present their theory of the case, focusing on the evidence that shows the defendant was driving while intoxicated. They may present witness testimony, video footage from the traffic stop, and any results from field sobriety tests or breathalyzer tests. The prosecution’s goal is to establish that the defendant was impaired while operating the vehicle.
In contrast, the defense will use their opening statement to explain why they believe the prosecution’s case is flawed. They may highlight weaknesses in the evidence, suggest that the defendant’s rights were violated during the arrest, or argue that there were other factors involved that led to the defendant being mistaken for being intoxicated.
700+ ACQUITTALS, DISMISSALS & REDUCTIONS FOR OUR CLIENTS
The Prosecution’s Case
Once opening statements are completed, the prosecution will begin presenting its case. The prosecution will call witnesses to testify, including law enforcement officers, medical professionals, and sometimes expert witnesses in the field of toxicology or accident reconstruction.
The arresting officer may testify about the defendant’s behavior during the traffic stop, including signs of intoxication such as slurred speech, poor coordination, or the odor of alcohol. They may also describe how the field sobriety tests were administered and the results, or they may introduce the results of breathalyzer tests or blood tests, which are typically used to measure the defendant’s blood alcohol content (BAC).
The prosecution’s case will rely heavily on this evidence, attempting to prove beyond a reasonable doubt that the defendant was driving while intoxicated at the time of the arrest.
The Defense’s Case
After the prosecution has presented its evidence, the defense has the opportunity to present their case. This often begins with cross-examining the prosecution’s witnesses to point out any inconsistencies or weaknesses in their testimony. For example, the defense may try to show that the arresting officer made errors during the field sobriety test or that the breathalyzer was not calibrated correctly.
Next, the defense may present their own witnesses. These could include expert witnesses who challenge the prosecution’s evidence or character witnesses who can testify to the defendant’s sobriety or good character. The defendant may also choose to testify in their own defense, although this is not required.
The goal of the defense is to create doubt in the minds of the jury about whether the defendant was truly impaired or whether the evidence is reliable enough to support a guilty verdict.
Closing Arguments
After both sides have finished presenting their evidence, they will each give a closing argument. In this final phase, both the prosecution and the defense will summarize their cases and emphasize the key pieces of evidence they believe support their position.
The prosecution will argue that the evidence presented clearly shows that the defendant was driving while intoxicated, pointing to the results of any breathalyzer tests, field sobriety tests, or witness testimony that supports their case. They will stress that the defendant’s actions demonstrated impairment and that the law has been violated.
On the other hand, the defense will remind the jury of any inconsistencies or gaps in the prosecution’s case. They may argue that the evidence does not conclusively prove the defendant’s guilt and that the jury should find the defendant not guilty due to reasonable doubt.
Jury Deliberation
Once the closing arguments are finished, the jury will retire to deliberate. This is the phase where the jury discusses the evidence and attempts to reach a verdict. In Texas, for a criminal conviction to be made, the jury must reach a unanimous verdict. If the jury cannot come to a decision, it may result in a hung jury, and the judge may declare a mistrial.
During deliberations, the jury is allowed to review evidence and testimony that was presented during the trial. If they have questions or need clarification, they can ask the judge for further instructions. In most cases, the jury will deliberate for several hours or days, depending on the complexity of the case.
Verdict
After deliberations, the jury will return to the courtroom to deliver their verdict. If the jury finds the defendant guilty, the judge will schedule a sentencing hearing where the penalties will be determined. Penalties for a DWI conviction in Texas can include fines, probation, community service, mandatory alcohol education classes, and possibly jail time, depending on the severity of the offense and whether there are any prior convictions.
If the jury finds the defendant not guilty, the case is over, and the defendant is free to go. It is important to note that in some cases, the defendant may still be required to deal with administrative consequences, such as a driver’s license suspension, even if they are acquitted of the criminal charges.
What Happens After the Trial?
If the verdict is guilty, the defendant has the right to appeal the conviction. This process involves challenging the legal decisions made during the trial or introducing new evidence that was not available during the original trial. If the conviction is overturned, the case may be retried or dismissed entirely.
A Texas DWI court trial can be a complex and challenging experience. However, knowing what to expect during each phase of the trial can make the process more manageable. Whether you are facing a DWI charge yourself or supporting someone who is, understanding the steps involved can help you navigate the legal system with more confidence.
If you or someone you know is facing a DWI charge in Texas, it is important to seek professional legal representation. The attorneys at Wilder Law Firm are experienced in defending clients against DWI charges and can provide guidance throughout the entire trial process.