Driving while intoxicated (DWI) is a serious offense in Texas, carrying significant legal and personal consequences. Understanding the DWI arrest process can be crucial if you or a loved one finds yourself in this unfortunate situation. This guide provides a comprehensive overview of what to expect, the legal procedures involved, and how to navigate through each stage. Being informed about the process can help you make better decisions and protect your rights.
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
Initial Traffic Stop
The DWI arrest process typically begins with a traffic stop. Law enforcement officers may pull you over for various reasons, such as erratic driving, speeding, or failure to obey traffic signals. Once you are stopped, the officer will approach your vehicle and engage in a brief conversation. During this interaction, the officer will observe your behavior, speech, and physical appearance for any signs of intoxication. Common indicators include slurred speech, the smell of alcohol, bloodshot eyes, and unsteady movements.
Field Sobriety Tests
If the officer suspects you are under the influence, you may be asked to perform a series of field sobriety tests. These tests are designed to assess your coordination, balance, and ability to follow instructions. Common tests include the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. It is important to note that you have the right to refuse these tests, although refusal may result in immediate arrest and license suspension.
Breathalyzer Test
In addition to field sobriety tests, the officer may request that you take a breathalyzer test. This test measures your blood alcohol concentration (BAC) by analyzing a breath sample. In Texas, a BAC of 0.08% or higher is considered legally intoxicated. Refusing the breathalyzer test can result in automatic license suspension under Texas’ implied consent laws. However, the refusal can also provide grounds for the officer to obtain a warrant for a blood test.
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
Arrest and Booking
If the officer determines there is probable cause to believe you are intoxicated, you will be placed under arrest and transported to a local jail or police station for booking. During the booking process, law enforcement will take your fingerprints, photographs, and personal information. You will also be searched, and any personal belongings will be confiscated and stored until your release. Depending on the circumstances, you may be held in jail until you post bail or until a court hearing.
Chemical Testing
Following your arrest, you may be subjected to chemical testing to determine your BAC accurately. This can involve a breath test, blood test, or urine test. Blood tests are often considered more accurate than breath tests and may be administered if you refuse the breathalyzer or if there is a suspicion of drug use. The results of these tests are critical evidence in a DWI case and can significantly impact the outcome of your case.
Administrative License Suspension
One immediate consequence of a DWI arrest in Texas is the potential suspension of your driver’s license. If you fail or refuse the chemical test, the Department of Public Safety (DPS) will initiate an administrative license suspension. You will receive a notice of suspension and have 15 days to request an Administrative License Revocation (ALR) hearing to contest the suspension. If you do not request a hearing within this timeframe, your license will be automatically suspended.
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Bond and Release
After being booked, you may have the opportunity to post bail and secure your release from jail. Bail is a financial guarantee that you will appear in court for your scheduled hearings. The amount of bail can vary depending on factors such as the severity of the offense, your criminal history, and the perceived flight risk. Once bail is posted, you will be released from custody and required to comply with any conditions set by the court, such as refraining from alcohol consumption or attending DWI education programs.
Court Appearance
Your first court appearance following a DWI arrest is typically an arraignment. During this hearing, the charges against you will be formally read, and you will have the opportunity to enter a plea. You can plead guilty, not guilty, or no contest. It is strongly advised to consult with an attorney before making this decision, as it can have significant legal implications. If you plead not guilty, the court will schedule further hearings and potentially a trial.
Pre-Trial Proceedings
Before the trial, there are several pre-trial proceedings that may take place. These can include discovery, where both the prosecution and defense exchange evidence and information related to the case. Motions may also be filed by your attorney to suppress certain evidence or dismiss the charges. Negotiations for a plea bargain may occur during this stage, where you may be offered a reduced sentence or lesser charges in exchange for a guilty plea.
Trial
If your case proceeds to trial, it will be heard before a judge or jury. The prosecution will present evidence and witness testimony to prove beyond a reasonable doubt that you were driving while intoxicated. Your defense attorney will have the opportunity to cross-examine witnesses, challenge evidence, and present your defense. The trial can be a complex and lengthy process, requiring thorough preparation and legal experience.
Sentencing
If you are found guilty of DWI, the court will proceed to sentencing. The penalties for a DWI conviction in Texas can vary depending on factors such as your BAC level, whether it is your first offense, and if there were any aggravating circumstances, such as an accident or injury. Common penalties include fines, jail time, community service, probation, mandatory DWI education programs, and installation of an ignition interlock device on your vehicle. The court may also order a driver’s license suspension or revocation.
Post-Conviction Consequences
A DWI conviction can have lasting consequences beyond the immediate legal penalties. It can affect your employment, driving privileges, insurance rates, and personal reputation. You may face difficulties in finding or keeping a job, particularly if it involves driving or requires a clean criminal record. Additionally, a DWI conviction can result in increased auto insurance premiums and the potential loss of your insurance coverage. It is essential to understand these potential impacts and take steps to mitigate them.
Expungement and Record Sealing
In some cases, it may be possible to have a DWI conviction expunged or sealed from your record. Expungement effectively erases the conviction, allowing you to legally deny its existence in most circumstances. However, expungement is generally only available for certain first-time offenses or if your case was dismissed. Record sealing, on the other hand, restricts access to your criminal record but does not completely remove it. An attorney can help determine if you are eligible for expungement or record sealing and guide you through the process.
The Importance of Legal Representation
Navigating the DWI arrest process can be overwhelming and complex, making legal representation crucial. An experienced DWI attorney can provide invaluable guidance, protect your rights, and work towards the best possible outcome for your case. They can analyze the evidence, identify potential defenses, negotiate with the prosecution, and represent you in court. Having a knowledgeable attorney by your side can significantly improve your chances of achieving a favorable resolution.
Contact The Wilder Firm Today
If you are facing a DWI charge in Texas, it is essential to have a dedicated legal team on your side. The Wilder Firm is committed to providing exceptional legal representation and personalized attention to each client. Our experienced team understands the complexities of DWI cases and are prepared to fight for your rights and future. Contact the Wilder Firm today to schedule a consultation and learn how we can help you navigate the DWI arrest process and achieve the best possible outcome for your case. Your future is important to us, and we are here to support you every step of the way.