DWI Process in Texas
Plano DWI Attorney
Have you been arrested for suspicion of driving while intoxicated? The following is a basic explanation of the DWI process in the state of Texas.
Contact my firm for assistance during any step as you fight for your freedom.
The basic DWI process is as follows:
- The arrest
- Chemical testing
- Probable cause and bail
- Court assignment and appearance
- Contesting the license suspension
The Arrest
Typically, arrests for DWI in Texas begin when an individual is pulled over for a minor traffic offense or suspicious driving. The driver may be asked to perform one or more
field sobriety tests. Based on the results of the test, the suspect may be arrested or released.
The Chemical Tests
After being arrested, the arrestee will be taken to a station where a "Statutory Warning" form will be read and asked to take a breath, blood, or urine test. The warning will inform the arrestee of the consequences of a test refusal or failure on a person's driver's license. If the individual agrees to submit to a chemical test, it will be taken. If not, the police may summon a magistrate for a search warrant of his or her blood to determine the blood alcohol content level.
Probable Cause and Bail
The arrested party will have an initial appearance before a magistrate within 48 hours of the arrest. It will either occur in person or through a closed circuit television. The suspect will be provided with information on his or her rights and the charges against him or her. If probable cause cannot be found, the suspect will be released. If probable cause is found, the amount of bail will be set.
Court Assignment and Appearance
If the case proceeds forward, it will be given a case number and assigned to a court. Misdemeanor cases will likely be handled in a county court. They can be prosecuted by a district or county attorney's office. Felony DWI cases are handled in district courts.
Contesting the License Suspension
Fighting for your driving privileges in Texas will be a separate process than the criminal process. The Administrative License Revocation ( ALR) process includes a hearing before the Texas Department of Public Safety. The process requires you to make a request for a hearing within fourteen days.
Legal Help from The Law Office of Troy P. Burleson
During this legal battle for your freedom, do not hesitate to speak with the knowledgeable and experienced Colin County DWI attorney from The Law Office of Troy P. Burleson! I have provided quality representation to clients for many years and am prepared to fight on your behalf. Schedule a free case evaluation for help with your case!