What to Expect When You’re Charged With a DUI in Texas

The state of Texas takes DWI charges extremely seriously. Even a first-time offense can come with severe fines that dramatically impact your life. In Texas, a first and second DWI are considered misdemeanors unless you had a child as a passenger or caused an accident that seriously injured someone. In those cases, or if it’s your third or subsequent DWI, it will be considered a felony. 

If you have been arrested for a DWI in Texas, you could be facing serious consequences. While the DWI procedures themselves are not unique, the penalties associated with this situation are among the strictest in the country. There are two important things you need to do in order to give yourself the best chance at success. The first is to seek the assistance of an experienced professional. The second is to inform yourself so you know what to expect throughout every step of the process. 

License Suspension 

The day after your arrest, you will be released and given a paper that advises you that your license has been suspended. The pink paper is your new temporary license, which will be valid for the next 40 days. If you wish to dispute the suspension, you have 15 days to request an Administrative License Revocation hearing. 

Arraignment

You will be required to attend an arraignment hearing. During the hearing, your charges will be officially read to you, at which point you will have the option to plead guilty, not guilty, or no contest. You’ll want to consult an experienced professional about which plea is right for you, though in most cases you’ll want to plead not guilty to give yourself options down the line. Once you plead guilty or no contest, you’ll move directly to sentencing without any chance to refute the charges. DWI cases can be defended, and fighting the charges is the only way to potentially prevent a criminal record.

Pre-Trial Hearings

If you plead not guilty, the pre-trial part of the process begins. If you have an attorney, they will enter into negotiations with the State, file strategic motions, and make plans for your trial. Hearings will be set for every motion you file.

Trial

During your trial, your case will be decided. Your attorney will prepare your strategic defense and each side will present its argument. Witnesses will be called and examined, then cross examined. Evidence will be presented by both sides. Once the arguments are made, a verdict will be reached. If you are found not guilty, you will walk out free. If you are found guilty, a sentencing date will be ordered. You will have the option to appeal the decision if you choose.

Second & Third Offenses

While a second DWI is still considered a misdemeanor, the penalties are generally double what they were for a first offense. Your first DWI can also be used against you at trial, which makes it even more important to have experienced professionals on your side from the beginning. 

A third DWI offense, and any subsequent DWI after, is considered a felony. You will need a comprehensive strategy from the outset to have any chance of success. 

A DWI conviction in Texas can result in jail time or the loss of your driver’s license, which can impact your job and career prospects, child custody, personal relationships, and other aspects of your life that you might not have considered. 

Being arrested for a DWI is an overwhelming experience. If you or someone you love has been arrested for a DWI, your first priority will be to get them out of jail. Contacting an experienced DWI bail bonds service is the best course of action if you need experienced advice, additional resources, and a capable point of view. Action Bail Bonds is here to help anyone in the Houston, TX area who might be dealing with a DWI arrest. Contact us today to learn more!