A DWI charge in Texas can bring a lot of stress. Many people worry about going to court, not knowing what will happen or how serious things might get. If you or someone you care about is dealing with this, understanding each step can make it a little easier. Court cases in Texas for driving while intoxicated follow a clear process. Knowing what’s ahead can help you feel more prepared and less afraid.
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What happens after the arrest
After someone gets arrested for DWI in Texas, they will be taken to jail. The police officer might ask the driver to take a breath or blood test. If they refuse, it could lead to a separate penalty that affects their driver’s license. Once at the jail, the person will go through booking, which means their photo and fingerprints are taken. Then they wait to be released, usually after posting bail or being given a bond.
A few days or weeks later, they will receive a court date. This first court date is called an arraignment. It is the first time the person will appear in front of a judge. The judge will explain the charges and ask how they want to plead — guilty, not guilty, or no contest. Most people plead not guilty at this point, which allows more time to look at the case and build a defense.
The court process begins
After the arraignment, the next phase is the pretrial process. This is a time when lawyers on both sides gather facts, look at evidence, and talk about what happened. The defense lawyer will ask for records from the police, such as video footage, test results, and reports. This step is very important because it helps the lawyer understand if the police followed all the rules and if there are any problems with the evidence.
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Sometimes, during this phase, the lawyer might speak with the prosecutor about a deal. This is called a plea bargain. It means the person might agree to plead guilty to a lesser charge in exchange for a lighter punishment. Not every case ends in a plea deal, but many do. If both sides cannot agree, the case will move forward to trial.
What happens during the trial
If the case goes to trial, it will take place in a courtroom in front of a judge or a jury. The state will try to prove that the person was driving while intoxicated. The defense lawyer will try to show that the evidence is not strong or that the person’s rights were not respected. Both sides will present witnesses, ask questions, and make arguments.
The person charged does not have to speak during the trial. They can choose to stay quiet, and the jury cannot use that against them. After both sides are finished, the jury or judge will decide if the person is guilty or not guilty. If found guilty, the judge will decide the punishment. If found not guilty, the case is over and the person is free to go.
Understanding possible punishments
If someone is found guilty of DWI in Texas, the punishment can be different depending on the details of the case. A first-time DWI can lead to a fine, jail time, and loss of driver’s license. If the person had a very high blood alcohol level or had a child in the car, the penalties can be more serious.
For a second or third DWI, the punishment becomes tougher. That could include longer time in jail, bigger fines, and having to use a breath machine in the car. The court may also order community service, classes on alcohol awareness, or regular check-ins with a probation officer. Sometimes, people must pay to attend these classes or install devices in their vehicles.
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What the judge looks at
When deciding punishment, judges look at many things. They look at whether this is the first time the person got in trouble, how high the alcohol level was, and whether anyone got hurt. They also consider if the person was polite and followed directions during the arrest. A strong defense that shows the person is taking steps to improve — like going to counseling or treatment — can also help.
How long the process takes
A DWI case in Texas can move quickly or take months. It depends on how busy the court is, how complicated the case is, and if it goes to trial. Some people want to resolve things fast. Others need time to gather records, look at police mistakes, or wait for lab results. A good lawyer will guide the person through this and help avoid surprises.
What to wear and how to act in court
People facing a DWI charge should show respect when they go to court. This means wearing clean, neat clothes — like what you might wear to church or a job interview. It also means being on time, not speaking out of turn, and standing when the judge walks in. The judge and jury notice how people behave. Good manners can make a big difference in how they are seen.
License suspension and ALR hearings
Apart from the criminal case, there is another part of a Texas DWI case that deals with the person’s driver’s license. This is called an Administrative License Revocation hearing, or ALR hearing. It is separate from the court case and focuses only on the driver’s right to drive. If someone fails or refuses a breath or blood test, their license can be taken away unless they ask for this hearing quickly. This request must be made within 15 days of the arrest. The hearing gives a chance to fight the suspension and learn more about what the officer did.
What if the case is dismissed
In some cases, the DWI charge might be dismissed. This can happen if the police made mistakes, the tests were done wrong, or the person’s rights were not followed. If a case is dismissed, it means the court drops the charge and there is no punishment. This is a good result, but it does not happen in every case. A strong defense helps give the person a better chance of this.
How a DWI affects your record
A DWI conviction can stay on a person’s criminal record for a long time. It can make it harder to get jobs, rent homes, or go back to school. Some people can ask the court to seal or expunge the record after a few years, but that depends on the outcome of the case and their history. Avoiding a conviction is the best way to keep a clean record.
Why acting fast matters
Time is very important in a DWI case. There are deadlines to ask for hearings, collect records, and file motions. Waiting too long can hurt a person’s case and limit their options. Getting help early can keep small problems from turning into bigger ones.
Help is available when you need it most
Facing a DWI charge in Texas is never easy, but you do not have to go through it alone. Each step can feel confusing, but understanding what comes next can make a big difference. From the moment of arrest to the final court decision, your choices matter. Being ready, acting fast, and having someone on your side can change the outcome.
If you are dealing with a DWI charge and need clear guidance, reach out to Zendeh Del & Associates PLLC. The team will listen, explain your rights, and help build the best path forward. Don’t wait to protect your future. Call today and take the first step toward peace of mind.