What is the typical process after a DWI arrest in Texas?
Administrative License Revocation:
To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension (usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.
Initial Appearance:
If your case is a misdemeanor, you may receive a letter ordering your appearance in court on a specific date and time. Depending on the court to which your case is randomly assigned and other particular circumstances surrounding your case, a warrant may be issued for your arrest upon filing of formal charges. Failure to appear can result in a bond forfeiture warrant being issued for your arrest.
If your case is a felony, then your case will be presented by the State to a grand jury for possible indictment. If you are indicted, then the district clerk’s office will issue a summons ordering your appearance in court on a specific date and time. Depending on the court to which your case is randomly assigned, a warrant may be issued for your arrest upon filing of formal charge. Failure to appear can result in a bond forfeiture warrant being issued for your arrest.
Announcement:
You will typically have two to three announcements or “resets” of your case to allow your attorney and the DA to discuss and negotiate your case. These are usually set about three to four weeks apart. Some courts require you to be present at all court appearances. Ultimately, you will have to make a decision of whether to agree to a plea bargain in your case or go to trial.
Trial:
You may either request a jury trial or a bench trial. In a bench trial, the court hears the case. If you choose to try your case to a jury, six jurors will be selected to hear your case. If the case is a felony, then twelve jurors will be selected to hear your case.
Sentencing:
The Court (that is, the judge) or jury imposes a sentence after a conviction at trial. If you plea bargain or try your case before a judge, the Court imposes punishment. Typical misdemeanor DWI sentences include alcohol education classes, community service, fines, court costs and in some cases jail time. Sentences for felony DWI’s can vary from probation to years in prison.
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