With offices in Austin, San Antonio, and Dallas / Fort Worth (Principal Office in Austin)
CONTACT US AT 866-722-8400
What happens after a DWI arrest in Texas?
Administrative License Revocation: You must request an ALR hearing within 15 days of when you were served with a Notice of Suspension (usually the date of arrest). A failure to schedule your hearing in a timely manner can lead to an automatic suspension of your license. If you requested a hearing in a timely manner, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. If your license is suspended at the hearing, you may be able to request and secure an occupational license.
lst Appearance:
If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually 30 days after your arrest). If you hire an attorney, the attorney can usually make this appearance for you without your presence. During this 30 day period, the case is sent to the County Attorney's office for filing. Ideally, the County Attorney will make a filing decision within this 30 day time frame. If they do not, your attorney will be given a new date to check on the status of the filing. After reviewing the reports, the County Attorney then decides whether to file the case. If the County Attorney decides to file the case, it prepares an information and files this with the County Clerk. Once the information is filed with the County Clerk, it is set on the court's docket.
Announcement:
Depending on what county you are in an Announcement can merely be an administrative appearance. In counties, like Travis County, where an Announcement is merely administrative in nature, if you have an attorney, you will not be required to appear at the Announcement. In counties, like Williamson County, where substantive work is done on the Announcement docket, you will be required to appear.
Pre-trial Conference:
Your attorney will discuss your case with the County Attorney to discuss the best possible resolution of your case. This conference will happen about 8-10 weeks after your 1st Appearance date. You may have multiple Pre-trial Conferences.
Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney may file motions to suppress in your case depending upon your specific circumstances. A Suppression Hearing generally occurs anywhere from 6 weeks to 3 months after the Pre-trial Conference.
Trial:
You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will heard by a jury of six. If the case is a felony, the trial will be heard by a jury of twelve.
Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.
Driving While Intoxicated: First Offense:
• up to a $2,000 fine
• 72 hours to 180 days in jail
• driver's license suspension: 90 days to 1 year
• 1,000 annual DPS surcharge for three years.
• DWI with Blood Alcohol Content .16 or greater - $2,000 annual DPS surcharge for three years
PROBATION:
Most people convicted of a first offense DWI do not serve any jail time. They are technically sentenced to jail, but the jail sentence is suspended and they are put on probation (community supervision). The probation is generally for a term of one to two years. While on probation you must do what the judge orders you to do. These orders are called conditions of probation. If you do not do what the judge has ordered you to do (the conditions) then the judge has the option of revoking your probation and putting you in jail for any number of days up to the original jail sentence you received that was suspended.
The judge can order any reasonable condition on your probation. The typical conditions of probation are as follows:
• Do not violate the law.
• Report to your probation officer. (This is usually once a month.)
• Pay your fine, court costs and monthly probation fees.
• Do your community service. For a first offense DWI you must do between 24 and 80 hours community service. The type of community service varies.
• You can not drink alcohol.
• You must attend DWI Education classes.
• You must attend what is called a Victim Impact Panel. This is presented by M.A.D.D. It is designed to educate on the dangers of DWI.
• Get a drug and alcohol evaluation. (If the evaluation reveals you have a problem with drugs or alcohol then treatment of the problem will be ordered.)
• Maintain a job.
{These are the most common conditions that are imposed on a person placed on probation on a DWI first offense}
Second Offense:
• up to a $4,000 fine
• 30 days to 1 year in jail
• driver's license suspension: 180 days to 2 years
• Second or subsequent Conviction - $1,500 annual DPS surcharge for three years
PROBATION:
If you are convicted of a second DWI you are eligible for probation. Probation is not granted as often for second DWI as it is for first, but it is not uncommon. If you are given probation on a second DWI the requirements will generally be much more demanding than a first offense. Likewise, the length of probation will more than likely be for a full two years. The additional requirements that are generally required on a second offense are as follows:
• You must serve jail time as a condition of your probation.(The maximum is 30 days, this is day for day jail time.)
• The community service must be from 80 to 200 hours.
• You will be required to have a deep lung air device (called an Ignition Interlock Device or IID for short) on your vehicle. This is a breath test hooked up to your cars ignition. If alcohol is on your breath your car will not start. This will be automatically reported to your probation officer as a violation of your probation and can cause your probation to be revoked.
Third Offense:
• up to a $10,000 fine
• 2 to 10 years in the state penitentiary
• driver's license suspension: 180 days to 2 years
PROBATION:
If you are convicted of a third DWI there are situations where you are eligible for probation and some where you are not. If you are eligible for probation the term must be from 2 to 10 years. The courts will look at many factors in determining if you get probation. Some of these factors are: How long has it been since your last DWI? If you previously had a probation how did you do on that probation?(did you ever violate a condition of the probation?) How severe are the facts of the new case? Was there an accident? If you took the test how high was you alcohol concentration? Any aggravating factors?.
There is also Shock probation. Shock probation is where you are actually sentenced and go to the penitentiary. At any time prior to 180 days from the date of being sentenced to prison the court can Shock you out of prison and put you on probation. To qualify for Shock probation you must be eligible for probation and never have been sentenced to prison . Then it is the decision of the court that sent you to prison.
The following conditions of probation will likely be required if a person is granted probation for a felony DWI. (In addition to the ones required for a class A misdemeanor.)
• There must be from 160 to 600 hours of community service.
• You must serve jail time as a condition of probation. (The minimum time is ten days and the maximum is 180 days.)
• There are various types of alcohol treatment programs that a judge can require. These range from inpatient treatment to out patient treatment.
INTOXICATED ASSAULT: THIRD DEGREE FELONY
An intoxicated assault is when a person is guilty of DWI and also CAUSES serious bodily injury to another person. (Serious Bodily Injury: is defined as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.)
• up to $10,000 fine
• 2 to 10 years in the state penitentiary
• drivers license suspension: 180 days to one year
PROBATION:
Probation is legally available for some intoxicated assault cases. The severity of the injuries as well as prior record of the accused will be important factors on whether or not a person gets probation.
The following conditions will likely be required if a person is granted probation for an intoxicated assault. (In addition to those for a DWI):
• You must serve jail time as a condition of probation.( A minimum of 30 days and a maximum of 180 days.)
• There must be from 160 to 600 hours of community service.
• There are various types of alcohol treatment programs that a judge can required. These range from inpatient treatment to outpatient treatment.
INTOXICATED MANSLAUGHTER: SECOND DEGREE FELONY
A person is guilty of intoxicated manslaughter if he/she is guilty of DWI and by reason of that intoxication causes the death of another. By accident or mistake.
• up to $10,000 fine
• 2 to 20 years in the state penitentiary
• drivers license suspension: 180 days to 2 years
PROBATION:
Probation is a legal possibility in some intoxicated assault cases, but is very difficult to get. If it is the result of a plea bargain, the family of the victim usually would have to agree to the deal. These are always very sensitive cases and must be dealt with as such.
If a person receives probation the following conditions apply. ( In addition to the conditions of a felony DWI.)
• You must serve jail time as a condition of probation.(A minimum of 120 days and a maximum of 180 days.)
• There must be 240 to 800 hours community service.
Options
It is important to hire a competent DWI Defense Attorney who will ensure you get the best deal possible. Many of the above terms are negotiable. Many terms are mandatory. Ultimately, if you did not give a chemical test, the patrol car video is going to be the chief tool an attorney uses to negotiate your case. If you look good on the video, it is possible to negotiate a reduction to a non-alcohol related charge or a dismissal. If you gave a chemical test, your chemical test results will rule the majority of the negotiation. Ultimately, all cases can be taken to trial and won. This being said, a competent attorney will give you a realistic assessment of you chances of victory.
Why Choose Us?
In the last five years Mr. Trumpler has tried close to 100 DWI/DUI cases in both Texas and California. You will be hard pressed to find anyone with this type of trial experience in DWI cases in such a short period of time. Mr. Trumpler is respected by prosecutors, the bench, and his peers for his trial skills and courtroom savvy.
Brief Attorney Biography
Jason Trumpler graduated in December of 1999 from the University of Texas School of Law. After graduation, Mr. Trumpler worked for the Ventura County, California, District Attorney's Office as a Deputy District Attorney. During his tenure with the Ventura County District Attorney's Office Mr. Trumpler was known for creatively and successfully trying difficult DUI cases. Mr. Trumpler briefly entered the civil arena from 2001 until 2002 before returning to criminal law as a Deputy District Attorney in Orange County, California. During his career as a prosecutor in Orange County, Mr. Trumpler tried over 30 jury trials. Mr. Trumpler also trained law enforcement officers throughout Orange County in investigative techniques, DWI/DUI enforcement, and report writing. While with the Orange County District Attorney's Office, Mr. Trumpler tried a number of cases with renowned DUI Defense Attorney Myles L. Berman. Mr. Trumpler was recruited by Mr. Berman to run his Orange County Office, which Mr. Trumpler did for over two years.
Contact Us Today at 866-722-8400
We have offices in Austin, Texas and Fort Worth, Texas and are available for consultation 24 hours a day at 866-722-8400. We are also available for jail releases in Travis County if your loved one has been arrested for DWI.