1. Initial Detention: The process with a traffic stop after a police officer believes they have reasonable suspicion some crime and/or traffic offense occurred. It could be a 911 caller saying they saw someone driving poorly. It could be an officer on routine patrol seeing driving patterns consistent with intoxication. It could be a vehicle with expired registration. There’s a very low legal standard for “reasonable suspicion”.
2. Officer Investigation: This is where officers usually start with the classic question of, “Have you had anything to drink tonight?” If the officer suspects the driver is intoxicated, they generally ask the driver to perform the three standard “Field Sobriety Test”. These are the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus of the eyes test. Officers generally determine whether or not they have probable cause for an arrest based on these test and ask the driver to submit to either a breath or blood test. If necessary, the police officer may get a warrant from a local judge or magistrate to order someone to submit to a blood test.
3. Arrest: The police officially arrest the driver and have a bond amount set by a Magistrate within seventy-two hours. If the defendant can post bond, time is on the defendant’s side at this point in the case. Some police agencies take several weeks to send arrest reports to the District Attorney's office. Prosecutors generally do nothing on a case till this happens.
4. Driver’s License Suspension: The driver receives notice of a license suspension and has fifteen days to request an ALR Hearing. This is the best time to hire an experienced DWI lawyer.
5. Formal Charges Filed: It generally takes one to three months for the DA’s office to file a formal criminal charge called an “Information” against a driver. It may take longer due to waiting on lab test results. There’s a two year statute of limitations for filing misdemeanor cases in Texas.
6. The Pretrial Phase: This is generally the longest part of the process. This is where the driver’s lawyer request discovery, negotiates with prosecutors, and possibly file motions. Many cases get resolved in the Pretrial Phase with an agreement that the driver, the prosecutor, and the judge finds acceptable. Many cases get dismissed in the Pretrial Phase based on a lack of probable cause or illegally obtained evidence.
7. The Trial: If there’s no agreement or dismissal, the case goes to a jury trial. Most misdemeanor DWI jury trials take about a day and half or two days. If the jury finds the driver “not guilty”, the case is over. If the jury finds the defendant “guilty”, then the case moves to the appropriate punishment. The driver has the right in Texas to let the jury decide the appropriate punishment. Most drivers choose to have the judge determine the appropriate punishment in case the jury finds them guilty. This is because most judges prefer to have drivers on probation, working, and supporting their families than sitting in jail. Sometimes an experienced DWI lawyer can still provide a valuable service by advocating for certain conditions of probation.
8. Appeals: This is often the last resort for the driver to avoid a conviction for DWI. The chances of an Appeals court overturning a jury verdict are slim. Yet it does happen.