So, you’ve been arrested in Texas on a DWI. What happens next?
Here is what you can expect during and after being arrested for driving while intoxicated.
Getting Pulled Over for a Suspected DWI
In Texas, the Driving While Intoxicated laws define “intoxicated” as not having your normal use of mental and physical faculties due to the consumption of drugs or alcohol and/or having a blood alcohol content (BAC) of .08 or higher.
If you have been pulled over on suspicion of intoxicated driving, a police officer may make observations about your appearance and behavior (including the presence or odor of alcohol). You may also be asked to perform a variety of performance tests, which may include:
- Horizontal Gaze Nystagmus: The officer observes your eyes as they horizontally follow a slowly moving object such as a pen, without jerking.
- Walk-and-Turn: The driver takes nine steps, heel-to-toe, along a straight line and then pivots and walks back. The officer is looking for eight different clues including for an improper turn, an incorrect number of steps, or a loss of balance.
- One-Leg Stand: The driver is asked to stand with one foot lifted about six inches off the ground and to count aloud for about 30 seconds, during which the officer is looking for swaying, using arms to balance, hopping, and putting the foot down.
- Breathalyzer: The driver blows into a mouthpiece and if the breath reads higher than .08, it is considered a fail. This test is not done on the side of the road, but back at the jail or in a mobile breath alcohol testing facility (BAT Bus).
In Texas, you can refuse to submit to field sobriety tests. However, this doesn’t mean you won’t be arrested or your license won’t be suspended. Most likely, both things will happen anyway (probable cause is enough evidence for arrest) and your refusal to test may even end up being used against you in your court hearing.
Being Arrested
If you are arrested for a DWI, you will probably not be given an opportunity to notify your family or friends before being handcuffed and placed in a patrol unit for transport to jail. Your car will be searched and towed and you will be responsible for the towing fees.
Next, you will be read a “Statutory Warning”, be interviewed, and given a breath, blood, or urine test. You will probably be issued a “Notice of Suspension and Temporary Driving Permit” (good for 40 days) and an arrest report will be filled out by the officer.
You will next be brought in front of a magistrate and bail will be set. This amount typically can range from $1000 to $10,000 for a misdemeanor offense. If you have limited criminal history and ties to the community, you may be granted a personal recognizance bond. This is where you do not actually have to post any of the bond amount to be released. If you are not grated a personal bond and If you don’t have the bond money, you can either stay in jail until your case is heard in court or you can contact a bail bondsman service. Bondsman typically require a payment of 10-15% of the bail amount up front.
Once bail is posted, you will be “processed out” of the jail and released. From arrest to release, the process can easily take 8-12 hours.
Attending Your Court Hearing
When you are released from jail you will receive a notice to appear in court on a specified day. You will be prosecuted and there will be a presiding judge.
Evidence will be shared with our attorney (including video recordings, test results, police reports, maintenance records of testing apparatus, expert opinions, etc.) and the prosecution and defense attorneys will discuss potential resolutions to your case. This is where it really pays to have a good lawyer on your side!
Note: Failing to appear in court at the time, place, and in the manner on the instructions can result in your bond being forfeited, revoked, or raised. Potentially, you will experience a return trip to jail and additional charges.
Fulfilling Your Sentence
Below is a list of possible sentences for being found guilty of a first offense DWI in Texas, if a child or accident was not involved:
- Court-Ordered Fines: Up to $4,000
- Jail Time: 72 hours to 365 days
- License Suspension: 90 days to 1 year
- License Reinstatement Fee: Approximately $125
- License Maintenance Fee: Up to $2,000 per year for 3 years
- Probation: Up to 2 years
- Education Program: A DWI course is required to get your license back
- Interlock Device: Permitted to drive only when this device is installed
- Proof of Insurance and Financial Responsibility: Processed and filed through your insurance company
As you can understand, it is vital to have an experienced Texas DWI attorney to help you get through the lengthy and complicated court process. You want an attorney who will fight hard to get you the best possible outcome!
For more help understanding your DWI arrest and court hearing, contact Eric Harron today!
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