Anatomy of a DWI Trial: What You Can Expect

It all starts with a driver on the road. You might be driving home from a party, a work get-together, sporting event, or just dinner. Then a police officer pulls you over, starts asking questions, and next thing you know you are being charged with DWI in the state of Texas. What happens next? What is the DWI process?

Administrative Law Proceedings

In Texas there will be two aspects to any DWI case – the administrative case and criminal case. The administrative case is when the state of Texas has your license removed. You can and should request a hearing to challenge this revocation of your license. And you should have an attorney with you at your hearing. There are several reasons why this is important to do:

  • The state will have to put the police officers involved in you case on the stand, and you will be able to put their accounts on record;
  • The state has the burden of showing that your arrest was lawful and that they are justified in taking away your license;
  • All of this will create a record that you can later challenge in the criminal part of your DWI process.

In addition to the administrative license revocation process, you will also have to deal with criminal charges in your DWI case.

Criminal Proceedings for DWI in Texas

If you are charged with DWI in Texas the prosecution will want a conviction. It is as simple as that. But before they can convict you the prosecution must comply with the rules of the courtstate law, and the U.S. and Texas Constitutions. Included in these rules are several guarantees of rights that can and should be used to your advantage. For example:

  • You have the right to an attorney in your case;
  • You have the right to have the charges against you clearly stated and not changed later on in the process;
  • You have the right to an impartial jury;
  • You have the right to a speedy trial.

It will be difficult for you to enforce and take full advantage of these rights without the help and counsel of an experienced DWI attorney. Other rights you have are to pre-trial motions to the court challenging the case against you and the right to have the witnesses in your case confront you with their testimony.

If your case goes to trial, you will have the right to challenge the evidence the prosecution puts on against you. One of the chief ways to do this is through cross examination of the witnesses the prosecution puts on. Then, if you choose, you have the right to put on a case of your own to show why you should not be convicted.

A good DWI defense attorney will guide you through every step of the DWI trial process. At the Wilder DWI Defense Firm, our team of professionals will be there for you in your DWI case. If you have been charged with DWI in the Dallas area, contact us.