New Year’s DWI Arrests in Galveston County: What Really Happens at Your First Court Date

If you have been arrested for a DWI in Galveston County, your first court date may be a source of confusion, anxiety, or even fear. Understanding the process and what happens during your first appearance can provide peace of mind and help you prepare for what’s next. This guide outlines the critical steps in the legal process, from your arraignment to potential next steps in your case.

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The First Court Date: Understanding Your Arraignment New Year’s DWI Arrests in Galveston County: What Really Happens at Your First Court Date

After being arrested for DWI in Galveston County, your first court appearance will typically take place within 15 days. This is known as your arraignment. It is the first time you will face formal charges, and it’s a crucial point in your case. The arraignment is where the charges are read to you, and you will have the opportunity to enter a plea.

The Arraignment Process

At your arraignment, the judge will inform you of the criminal charges against you. In this case, it will be a DWI charge. After being informed of the charge, the judge will ask you how you plead: guilty, not guilty, or no contest. Most individuals plead not guilty at this stage because it gives them more time to prepare their defense. It’s important to note that if you are unsure about your plea, you should consult with a qualified attorney before making any decisions. An experienced DWI defense attorney can advise you on the best course of action based on the circumstances of your case. If you have been arrested during a no-refusal weekend, such as New Year’s Eve, it’s also crucial to understand that your case might involve a blood draw without consent. In such cases, your attorney will want to review the procedures used for collecting blood samples.

What Happens if You Enter a Plea of Not Guilty?

If you plead not guilty, your case will proceed to the next stage in the criminal justice system, which often includes pretrial motions and a pretrial conference. This is when your attorney will work with the prosecution to negotiate terms or present evidence to dismiss the case or challenge the evidence against you. In some instances, your attorney may argue that the arresting officer did not have probable cause to stop you or that the blood alcohol concentration (BAC) results were flawed or improperly obtained.

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Jonathan Zendeh Del

Trial Attorney

Gabe Perez

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Carolyn Zendeh Del

Certified Mediator, Attorney

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Trial Attorney

Dorothy Porretto

Office Manager, Paralegal

Pedro Ruiz

Judge

Legal Assistant Zaira Banda

Zaira Banda

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Bail Hearing: What to Expect

During your first appearance, the judge may also hold a bail hearing, unless you’ve already been granted bail following your arrest. Bail is the amount of money required to release you from jail while your case is pending. If you’ve been arrested during a no-refusal weekend or a holiday period in Galveston County, be aware that bail could be set higher, especially if there were aggravating factors, such as an accident or a particularly high BAC.

Factors Influencing Bail Amount

In Galveston County, the judge considers several factors when setting bail, including:
  • Criminal History: If you have prior DWI convictions or other criminal offenses, this could lead to a higher bail amount.
  • Risk to Public Safety: If you were involved in an accident or if you had a BAC significantly over the legal limit, the judge may see you as a higher risk.
  • Flight Risk: If you are considered a flight risk, the judge may increase bail or deny it altogether.
If you can’t afford to pay bail, a bond hearing may be requested. In some cases, your attorney may argue for a lower bail amount or request a personal recognizance bond, which allows for release without having to pay a monetary bail, based on your ties to the community and the nature of the offense.

No-Refusal Weekends in Galveston County: What You Should Know

Galveston County is known for its no-refusal weekends, which occur during major holidays such as New Year’s Eve, Mardi Gras, and the Galveston Biker Rally. During these weekends, law enforcement officers can obtain blood samples from suspected DWI offenders without their consent.

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These guys are amazing. They made a most horrific experience bearable. They treated me with respect and no judgment. I cannot describe how grateful I am for their representation with my case. 5 stars is not enough. I hope I never need them again but would ABSOLUTELY use them again and definitely recommend them.

— Jennifer S.

Jonathan Zendeh Del and Associates worked tirelessly on my case. They kept me informed every step of the way. In the end the got my case dismissed and I am so grateful that we out our trust in his law firm. I can honestly say the rumors were true. He really is the best.

— Kristin F.

What Does No-Refusal Mean for Your Case?

If you were arrested during one of these weekends, it’s essential to understand that the blood draw can become a central piece of evidence in your case. While you can still challenge the validity of the blood test and the procedure used to collect it, the prosecution will likely present it as proof of intoxication. Your attorney will review whether the search warrant for the blood draw was properly obtained and if all legal protocols were followed. If any procedural errors occurred, your attorney may file a motion to suppress the blood test results, which could significantly affect the prosecution’s case.

Pretrial Conference: Preparing for Your Case

After your first court appearance, your case will typically move to a pretrial conference, which may take place a few weeks or months later. During this conference, your attorney will meet with the prosecutor to discuss the evidence, negotiate a possible plea deal, or set a trial date. The pretrial conference is an opportunity to assess the strengths and weaknesses of the case and prepare for any motions or trial strategies.

What Happens During the Pretrial Conference?

During the pretrial conference, both your defense attorney and the prosecutor will discuss issues such as:
  • The evidence against you, including witness testimony, blood alcohol concentration tests, and any other related evidence.
  • Pretrial motions that may be filed to challenge the evidence or dismiss the case.
  • Plea negotiations, where your attorney may attempt to reach a deal with the prosecution to reduce the charges or secure a lesser penalty.
If your attorney believes the evidence is not strong enough to support a conviction, they may negotiate a plea bargain that results in a reduced sentence or a dismissal of the charges.

Penalties for DWI in Galveston County: What Could You Face?

The penalties for a DWI conviction in Galveston County can vary depending on several factors, such as your BAC at the time of arrest, whether you were involved in an accident, and if you have any prior DWI convictions.

Case Results

$11,820,000

WARN ACT
SETTLEMENT

Reached a settlement of $11,820,000

$11,820,000

WARN ACT CASE
SETTLEMENT

Employees fired when not given proper notice

Not Guilty

DRUG JURY TRIAL

Client was a dentist caught with 12 grams of methamphetamine. 

Case Dismissed

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party.

$2,500,000

CAR ACCIDENT

Confidential settlement of $2,500,000

$4,500,000

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party

Not Guilty

DWI JURY TRIAL

Client was asleep on the side of the road with the car on. Breath was .248

Case Dismissed

STATE OF TEXAS v. C.S.

Wrecked motorcycle while leaving the beach, an officer witnessed the accident and assumed he was intoxicated

First-Time Offenders

For a first-time DWI offense, penalties may include:
  • Fines: Up to $2,000
  • Jail Time: Between 3 to 180 days in jail
  • Probation: Up to 2 years of probation
  • License Suspension: 90 days to 1 year

Repeat Offenders

For repeat offenders, the penalties increase significantly:
  • Fines: Up to $4,000 for a second offense
  • Jail Time: Between 30 days and 1 year in jail for a second offense; 2 to 10 years for a third offense
  • License Suspension: 180 days to 2 years for a second offense; 2 years for a third offense
If you have a BAC over 0.15%, you could face enhanced penalties. Additionally, if you are convicted of intoxication manslaughter (causing death while driving under the influence), you could face up to 20 years in prison.

What Should You Do Next?

After your first court date, your next steps will depend on the specifics of your case and how you plead. If you pled not guilty, your attorney will continue working with the prosecution and gathering evidence to prepare your defense. If you entered a guilty or no contest plea, your attorney will likely move forward with negotiating sentencing or other penalties.

The Importance of Legal Representation

If you have been arrested for DWI in Galveston County, it is crucial to hire an experienced DWI defense attorney. A skilled attorney can guide you through the complexities of the legal system, protect your rights, and provide a strong defense. They will also be your advocate during negotiations and ensure that any evidence obtained improperly is excluded from your case. Zendeh Del & Associates PLLC offers free consultations for individuals facing DWI charges in Galveston County. Contact us today to learn how we can help defend your rights and work towards the best possible outcome for your case. Facing a DWI charge in Galveston County is a serious matter, but understanding the process and having the right legal support can make a significant difference. From your first court date to potential plea deals or trial, being prepared is key to protecting your future. If you’ve been arrested for DWI, don’t hesitate to contact the experienced attorneys at Zendeh Del & Associates PLLC for guidance and representation.

To learn more about this subject click here: The Intricacies of Dilated Pupils in DWI Cases: What You Need to Know