Arrested on DUI charges? What is the DWI process in Texas?

Driving under the influence (DUI) is referred to as DWI or driving while intoxicated in Texas and just like anywhere else in the country it is a legal offense which is punishable by law. In this article, we will walk you through the DWI process from the arrest to what happens post-conviction as explained by some of the most experienced and successful DUI lawyers based in Dumas, Texas.

DUI lawyers in Dumas, Texas have helped many people. Just because the police say it is so, does not mean it is so. Not all DUI tickets are valid. 

 The DWI Arrest

The ball gets rolling initially with a police officer who has probable cause to pull over a suspect, subject him or her to sobriety testing and then place them under arrest for suspected drunk driving. Currently, all roadside DUI arrests are video recorded as per law in the state of Texas.

What is a DWI in Texas?

Technically, DWI is when a person operates a motor vehicle while having a blood alcohol content of 0.08% BAC or over on public roads. DWI now also includes operating while under the influence of drugs for which there is no threshold. Even traces of the drug in the suspects system is not allowed, caution Texas DUI attorneys. 

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The Breathalyzer

One of the most commonly used techniques by law enforcement officers to determine whether the suspect is under the influence or not and also as evidence is the breath test in which the suspect is made to blow into a breathalyzer that registers their blood alcohol content or BAC.

If you need legal assistance, contact us at USAttorneys.com. 

However, Dumas, TX DUI lawyers point out that it has recently come to light that these machines actually measure breath alcohol content and not blood alcohol content. Legal representatives can and have in the past used this argument to have breathalyzer results dismissed as usable evidence.

If you want to see an outstanding show where they dismiss evidence in courtrooms and so on you should watch The Good Wife with Josh Charles and Julianna Margulies. It does not matter how pivotal the evidence is, if the evidence is not obtained in a legal manner, it can be challenged and summarily tossed out. This is not Cube or Russia where human life does not matter much.

Bond

Once arrested, depending on the severity and magnitude of the DUI offense and subsequent charges, a bond amount is determined which the suspect can pay or post in order to be released from custody. However, in Texas, a suspect out on bond is usually subjected to ignition interlock devices as a preventive measure against them committing the act of drunken driving again.

Suspension of Driver's License

After a DUI arrest, apart from the criminal case, another separate proceeding is initiated called the ALR. The ALR is essentially an administrative hearing where you and/or your legal counselor have a deadline of 15 days within which to appeal the DUI arrest. Failing to do so or having your appeal denied will result in suspension of your driver’s license.

First time DUI offenders may choose to apply for an occupational driver's license.

Trials, Guilty Pleas, after the Conviction - if Convicted

Shifting to the criminal case on hand, there are several other procedures and processes that will need to be followed such as your plea hearing, the trial, having your DWI dismissed, and the conviction and sentencing.

For a comprehensive understanding of the process and how you can defend yourself against a DUI charge, make sure to consult a Texas DUI lawyer.