Texas DWI Court Process

Below is a brief outline of what to expect during the criminal aspect of a Texas DWI case. Keep in mind that in addition to the criminal process below, a separate civil case will also be filed. See the Texas implied consent law, and the Texas Administrative License Hearings sections for more information on the process by which the State of Texas may try to suspend or revoke your privilege to drive.

Texas DWI Arraignments

The first court appearance following an arrest for DWI in Texas is called the arraignment. DWI offenders will be given notice of this hearing at the time of their arrest or they will recieve notification of when to appear by mail. At the arraignment, the DWI defendant will be notified of the charges and will be asked to enter a plea. If a plea of Not Guilty is entered, the next court date will be set. If a Guilty plea is entered, the sentence will typically be imposed at this time.

NOTE:  It is highly recommended that you at least consult with an attorney prior to this hearing.

Depending on the facts of the case and the nature of the charges, the judge may determine conditions of release and bond at this hearing.  An ignition interlock device (IID) may be ordered to be installed on the defendant's car as a condition of their release.  Urine testing and alcohol ankle monitors may also be ordered as a condition of release.

Pre-trial hearings in Texas drunk driving cases

Pre-trial court appearances are court dates prior to trial to ensure that the case is progressing as scheduled.  At these hearings, any issues with missing evidence (discovery) or scheduling conflicts will be dealt with. Plea negotiations may also occur.

Pre-trial Motion Hearings involve issues with evidence admissibility.  Suppression motions may be filed by defense attorneys. Suppression motions are attempts to keep certain evidence from being heard by the jury.  If successful at a motion hearing, the defense attorney may have a better chance of negotiating a plea with the prosecutor. Depending on the court, Pre-Trial Motion hearings may be held prior to, or on the day of trial.

Texas DWI Trials

Most DWI trials in Texas take 1 to 2 days to complete, but certain circumstances may prolong the process. There are two possible types of trials in Texas for DWI - Jury trials and Bench Trials.  In Jury trails, 6 jurors will determine questions of fact, while the judge determines issues of law.  In Bench Trails, the judge plays the role of both judge and jury.  DWI cases that contain complex issues and evidence may be harder for a jury to understand, in which case a bench trial may be more desirable.  Your attorney will help you determine which type of trial is best for your case.

At the DWI trial, the prosecution bears the burden of proving all elements of your DWI charge beyond a reasonable doubt.  Your attorney will have the opportunity to cross examine the police officers that were involved in your case, and will have the option of calling expert witnesses to testify as well. 

Once the final decision in the DWI trial is reached, a sentence will be imposed or all charges will be dismissed.  If found guilty, the DWI defendant may file an appeal. 

If you have been charged with DWI in Texas, consult with an experienced attorney for more information on the DWI process and what to expect in your case.