What Happens After a DWI Arrest in Galveston County

A DWI (Driving While Intoxicated) arrest in Galveston County can be an overwhelming experience, and the immediate steps following the arrest can have lasting consequences. If you or a loved one finds themselves facing a DWI charge, it is important to understand the legal procedures that follow the arrest. At Zendeh Del & Associates PLLC, we specialize in defending clients against DWI charges and are here to help guide you through each step of the legal process.

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Whether this is your first offense or you have a history of alcohol-related offenses, the DWI process in Galveston can be complex. From the initial booking to your court appearance, every stage is crucial in building a defense strategy. In this guide, we’ll walk you through each step that occurs after a DWI arrest, so you can be better prepared for the road ahead.

Step 1: The Booking Process What Happens After a DWI Arrest in Galveston County

Once you are arrested for DWI in Galveston County, you will be taken to a local jail for booking. This is the first official step in the legal process and can be daunting, especially if you are unfamiliar with the system. During booking, your personal information will be collected, including your name, address, and identification details. Additionally, you will be fingerprinted and may undergo a search of your belongings. You will also be required to take a breathalyzer test, and in some cases, a blood test may be administered to measure your Blood Alcohol Concentration (BAC). The results of these tests are vital in determining whether you were legally intoxicated at the time of your arrest. Refusing to take these tests can result in an automatic license suspension under Texas law.

What Happens After Booking?

Once booking is complete, you will remain in jail until your arraignment, which typically occurs within 48 hours of your arrest. During this time, you may be eligible for bail, depending on the specifics of your case. Zendeh Del & Associates PLLC can help you understand your rights and options during the booking process and prepare for the next steps, including posting bail.

The Zendeh Del & Associates, PLLC Team

Jonathan Zendeh Del

Trial Attorney

Gabe Perez

Trial Attorney

Carolyn Zendeh Del

Certified Mediator, Attorney

Chase Waterwall

Trial Attorney

Dorothy Porretto

Office Manager, Paralegal

Pedro Ruiz

Judge

Legal Assistant Zaira Banda

Zaira Banda

Legal Assistant

Legal Assistant Colleen Herndon

Colleen Herndon

Legal Assistant

Step 2: The Arraignment

After booking, your first court appearance will be the arraignment. During the arraignment, the judge will read the formal charges against you and inform you of your rights. It is at this stage that your attorney will have an opportunity to enter a plea on your behalf, which could be “guilty,” “not guilty,” or “no contest.” If you plead “not guilty,” the case will proceed to the next stages, which may include pretrial motions, negotiations, and possibly trial. At Zendeh Del & Associates PLLC, we will work closely with you to develop a strong defense strategy, whether that means challenging the arrest itself, the BAC test results, or other elements of the case. In most cases, the judge will also set bail during the arraignment. Bail is an amount of money that ensures you return for your future court hearings. If you cannot afford bail, you may be able to work with a bondsman or request a reduction in the bail amount. Keep in mind that a DWI charge can be considered a serious offense, and a high bail amount may be set, depending on factors such as previous offenses or the severity of the incident.

Step 3: Requesting an Administrative Hearing for License Suspension

In Texas, one of the immediate consequences of a DWI arrest is the suspension of your driver’s license. If you refused a breathalyzer or failed the test with a BAC of 0.08% or higher, your license will be automatically suspended. However, you have the right to challenge this suspension. Within 15 days of your arrest, you can request an administrative hearing with the Texas Department of Public Safety (DPS) to contest the license suspension. This is a separate proceeding from the criminal case but is equally important. At Zendeh Del & Associates PLLC, we can assist you with this process, ensuring that you have the best possible chance of retaining your driving privileges.

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

Step 4: Preparing for Trial or Settlement Negotiations

After the arraignment and any preliminary motions, the case will proceed to the next stage, where your defense strategy is put into action. At Zendeh Del & Associates PLLC, we meticulously review every detail of the arrest and evidence in order to determine the most effective approach. There are several potential paths a case could take after the initial stages:
  1. Negotiating a Plea Deal: In some situations, we may recommend negotiating a plea deal with the prosecution. This could involve pleading guilty to a reduced charge in exchange for lesser penalties. This can be an effective option if the evidence is strong against you or if you have other reasons for wanting to resolve the case quickly.
  2. Fighting the Charges at Trial: If you choose to fight the charges, your case will proceed to trial. At trial, the prosecution must prove beyond a reasonable doubt that you were driving while intoxicated. Zendeh Del & Associates PLLC will ensure that all aspects of your case are thoroughly examined, and we will present your defense to give you the best chance of a favorable outcome.
During the trial, we may challenge the arresting officer’s conduct, the accuracy of the breathalyzer test, or the circumstances surrounding the traffic stop. There may also be evidence that the officer did not have probable cause to stop your vehicle in the first place. Our team is prepared to use these legal arguments to create reasonable doubt and fight for your rights.

Step 5: Sentencing and Penalties

If you are convicted of DWI in Galveston County, the penalties can vary depending on factors such as prior offenses, whether there was an accident, and whether your BAC was significantly above the legal limit. The penalties for a first-time DWI offense in Texas can include:
  • A fine of up to $2,000
  • A license suspension of up to one year
  • Probation or community service
  • Alcohol education classes
  • Possible jail time (up to 180 days)
For repeat offenders, the penalties increase significantly. A second DWI offense could lead to a longer license suspension, higher fines, and mandatory alcohol counseling. If you are convicted of a third offense, it may be classified as a felony, leading to even more severe penalties, including long-term imprisonment. It’s important to note that the severity of the penalties depends on the specific circumstances of the case. An experienced attorney can help you understand what to expect and work toward reducing the potential penalties.

Step 6: Additional Consequences and Considerations

Apart from the legal penalties, a DWI conviction can have long-lasting effects on your personal and professional life. A criminal record can impact your job prospects, affect your insurance rates, and potentially strain your relationships with family and friends. Zendeh Del & Associates PLLC can help you address these broader issues by working toward a reduced charge or alternative sentencing options, such as diversion programs. In some cases, if you complete an alcohol education program and comply with probation, it may be possible to have the DWI charge expunged from your record after a certain period. However, this process can be complicated, and it’s important to have an attorney who understands the nuances of Texas law. If you or someone you know has been arrested for DWI in Galveston County, the next steps can be overwhelming, but you don’t have to navigate this process alone. Zendeh Del & Associates PLLC specializes in DWI defense and is committed to helping clients understand their rights and legal options. Whether you are looking to contest the charges in court or negotiate a favorable plea deal, our team is here to support you every step of the way. Don’t wait—contact us today for a free consultation. We’ll help you assess your case and determine the best course of action to protect your future.

To learn more about this subject click here: Texas DWI Myths Debunked: What You Need to Know