After being arrested for Driving While Intoxicated in Texas, people may wonder what will happen next. The state of Texas takes DWI cases very seriously. A conviction for Driving While Intoxicated can have serious, long-term consequences. Knowing what happens after a DWI arrest can help a defendant plan their legal defense.
First, it is very important to stay calm. This will help to create an appropriate response to the DWI charges. The best way to handle a DWI arrest is to carefully think about the next step.
The DWI Arrest Process
After a person is arrested for DWI in Texas, a series of events will take place. It is important to act quickly after an arrest to prevent more consequences from occurring. These events are:
- An Administrative License Revocation hearing
- A petition for an occupational license
- The actual case
- The ALR Hearing
One of the first events that will take place after a DWI arrest is known as an Administrative License Revocation hearing. This is a legal court appearance that determines if the defendant will get to keep his or her driver’s license.
After a DWI arrest takes place, the defendant must request an Administrative License Revocation hearing within 15 days of the arrest. If the hearing is not requested within that period, the hearing will be automatically denied, and the defendant’s license can be automatically revoked.
The License Petition
After the ALR hearing, if the defendant’s license was revoked, it is possible to file a court petition for an occupational driver’s license. The occupational driver’s license is a special license that allows the defendant to legally drive to work during the period of the license suspension. This is critically important because it allows the defendant to continue earning money to help pay for DWI expenses.
To file the petition, the defendant must submit their driving record, proof of vehicle insurance and an official statement from their employer detailing their working hours. This will help the court to determine the terms of the occupational driver’s license. This license, called an ODL, will only allow the driver to operate their vehicle in specific work-related hours. However, this is better than losing driving rights entirely.
The Criminal Case
The final and most important part of the DWI process is the actual criminal case. This is where the defendant’s guilt or innocence will be determined. This step can have a huge impact on the defendant’s future.
In this step, evidence can be introduced for or against the defendant. It can be extremely helpful to hire a lawyer for this stage, or any of the stages, of the DWI arrest process.
Hiring A Lawyer
Hiring an attorney can have a huge impact on a Texas DWI case. The lawyer can appear for the defendant during the ALR hearing and can help file the paperwork for the occupational license. This can make things much simpler for the defendant.
An attorney may also be familiar with effective defense tactics for the criminal trial portion of the process. The defense attorney may be able to study evidence to counter the prosecution’s claims. The attorney may also be able to advise the defendant on whether to pursue a jury trial or a ruling from a judge.
No matter what the case, hiring a defense attorney is the best way to construct a defense in a Texas DWI case. It’s possible to go it alone, but it will be a hard road. Many attorneys have a history of helping defendants receive dropped or reduced sentences. Hiring an attorney is often the best option when handling a Texas DWI case.
Attorney Matt Sharp Can Help
If are facing DWI charges, contact us immediately. We will fight hard to protect your rights and your future. Call (713) 868-6100 or email for your free and confidential consultation.