What Happens After a DUI Arrest in Texas?

If you or a loved one has been arrested for DUI in Texas, which is called a DWI, you might be wondering what comes next.

Here in Texas, a DWI arrest can trigger criminal proceedings and a civil driver's license suspension. Understanding what happens after a DUI arrest can help you feel more prepared as you work through the process.

What Happens Immediately After a DWI Arrest?

Immediately following a DWI arrest, in most cases, you will be taken to a police station or to a local jail for booking. In most DWI and DUI cases, your blood alcohol concentration will be measured with a breath test or blood test. You might also get paperwork concerning your driver's license, as driving privileges are often temporarily suspended after most DUI arrests.

It's important to know a few things. Getting arrested for a DWI/DUI is not the same as a DWI/DUI conviction. With the help of an experienced DUI attorney, many prosecutors doing DUI investigations aren't able to prove guilt beyond a reasonable doubt.

It's also important to note that even if you are pulled over and arrested for drunk driving, it's still possible to get a temporary license. Also, driving while intoxicated is a Class B misdemeanor in Texas. However, charges can be elevated due to other circumstances.

The Criminal Case Begins - DUI Investigations and Court Dates

After the arrest, the DWI case will move through the criminal court process, and the investigations will begin. You might get one or more court dates, and you should definitely have a lawyer at this point, who can help you resolve the case in the best way possible.

While your lawyer will be preparing your defense strategy, the prosecutors will be looking at evidence such as the police arrest record, any previous criminal record, if this is your first offense or you have several DWI/DUI charges, etc. They can advise on questions such as what is a victim impact panel?

Your Driver’s License - and Driving Privileges - May Be a Separate Issue

Another very important thing to understand after you are arrested for a DWI in Texas is that there may be two separate issues: the criminal case and the Administrative License Revocation, ALR, proceeding.

If a driver fails blood or breath tests, or they refuse to take the test, the state can suspend the person's driver's license. To get it back, you need to attend an ALR hearing. This is a fast moving process, and you only have 15 days following your notice to request a hearing.

If you don't do this on time, it's very likely your license will be suspended, and it won't be possible to get it back until the suspension is over.

However, if the ALR hearing is done correctly and the administrative hearing judge believes its the right thing to do, you can have...at least some...of your driving privileges back in some cases.

Do You Have to Go to Court?

Yes. If you are charged with DWI, you generally must address the criminal case through the appropriate court. Missing a scheduled appearance can create additional legal problems, so it's very important that you pay attention to dates and times when you are going through this process.

Your attorney can explain when you need to appear personally and when an attorney may be able to appear on your behalf, depending on the court and the circumstances of your case. They can also explain the chances of winning alr texas.

What Happens to Your License?

The effect on your driving privileges depends on the circumstances of the arrest, the test involved, your prior history, and what happens in the criminal and administrative proceedings.

A DWI conviction can result in additional consequences involving your driver’s license. Texas DPS also notes that a person can receive an ALR suspension based on a test refusal or failure and a separate suspension connected to a DWI conviction arising from the same arrest.

Some drivers may qualify for an occupational or other restricted driving option. Eligibility and requirements depend on the specific situation.

What Happens If You Are Convicted?

The consequences of a DWI conviction vary. Depending on the offense and circumstances, consequences may include fines, probation, jail or other confinement, license-related consequences, alcohol education, an ignition interlock requirement, or other court-ordered conditions.

Texas DPS explains that certain people convicted of DWI may be required to complete an alcohol education program, maintain an SR-22, serve probation, or use an ignition interlock device.

The consequences can become more serious for repeat offenses or when aggravating circumstances are present.

Can a DWI Case Be Dismissed?

Not every DWI arrest results in a conviction. Depending on the facts, a case may be dismissed, reduced, resolved through a negotiated agreement, or proceed to trial.

The possible outcome depends on the evidence and the specific facts of the arrest. Issues involving the traffic stop, probable cause, testing procedures, field sobriety testing, identification, or other evidence may affect the case. For more information, experienced criminal defense lawyers in Fort Worth may be able to help.

What Should You Do After a DWI Arrest?

The first step is to take the situation seriously and avoid missing any deadlines or court requirements. Keep all paperwork you received during the arrest and any notices that arrive afterward.

Do not assume that because you have not been convicted, your driver’s license is unaffected. The ALR process can move separately from the criminal case, and the deadline to request a hearing may be short.

It is also important to avoid discussing the details of your case publicly or with people who do not need to know. Tell your attorney what happened as completely and accurately as possible so they can evaluate the available evidence.

Talk to a Texas DWI Defense Attorney

A DWI arrest does not automatically mean you will be convicted, but it can create several legal issues that need prompt attention. The criminal case, driver’s license consequences, deadlines, and potential penalties all deserve careful consideration.

If you have been arrested for DWI in Texas, contacting a criminal defense attorney promptly can help you understand what happens next and what options may be available in your case.

Sparks Law helps those in the Fort Worth area deal with DWI charges. Reach out today for a free consultation.