Those martinis you’ve been ordering may have cost $7 a piece for the first few, but don’t be surprised if the last one costs considerably more. As someone who has prosecuted and defended numerous cases, believe me when I say that the DWI is the mostnon–discriminating criminal offense on the books. Every day, various professionals, including lawyers, doctors, accountants and financial advisors, can be found in court facing DWI charges. Given this particular audience and the Fiesta season approaching, allow me to offer an insider’s perspective on the impact a DWI can have.
Before I take you through the paces of a Texas DWI, it should be made clear that there are multiple aspects of DWI proceedings.You will face both a criminal prosecution and administrative proceedings by the state. Additionally, it is common for a defendant to seek an occupational driver’s license in a separate civil proceeding.
The steps that are gone through with a DWI criminal prosecution look something like this. It all begins with getting pulled over. The officer will ascertain reasonable suspicion to pull an individual over for any number of traffic violations (speeding, failing to maintain a single lane, expired tags, etc.). At this point, while the officer is taking the usual information, he or she may observe indicators that the driver could be under the influence of alcohol. Some common indicators are blood–shot eyes, slurred speech and the odor of intoxicants on one’s breath. Based on these indicators, the officer will then ask the individual to perform a series of sobriety tests.These tests include the demonstrations we have all seen on TV (one leg stand, walk and turn, etc.). It is important to know that no one can be forced to engage in these tests. The driver has a “catch 22” decision to make. While it is likely that the officer will make an arrest for DWI if the individual declines all tests, it will leave the prosecutor with little evidence of intoxication. On the other hand, if an individual chooses to engage in these tests, there is a possibility that an officer will not make an arrest if he or she is confident that the driver is not intoxicated. Of course, if an arrest is made, that evidence will be used in court.
After the aforementioned events have occurred, the officer will decide whether there is probable cause to make an arrest for DWI. If an arrest is made, the driver will be driven to the detention facility to get booked and magistrated. The defendant is then made aware of the charges, and bail is set. It is common for a first–time offender to be granted a personal recognizance bond. These bonds are low in cost. However, they are managed by a county office, and strict conditions apply. The alternative is that a defendant may hire a bondsman or attorney to post the bond. This will require payment by a friend or family member, but in many cases, those bond conditions will be less stringent.
Once the defendant has been released, the initial court setting will be in approximately one week. That first court setting is anarraignment. At this point, the range of punishment is communicated to each defendant. The punishment range for a first DWI is anywhere from 72 hours up to 180 days in jail and/or up to a $2,000 fine. It is not uncommon for DWI proceedings to last a long time (some DWIs stay pending for up to two years if not longer). Duringthe pendency of the case, your attorney will advise you of plea bargain offers made by the state. It will be up to the defendant whether to accept any offer or to proceed with a jury trial. DWI cases oftenend in a plea bargain that allows the defendant to avoid jail time for a probationary period. Conditions of probation include substance abuse evaluations, community service and DWI victim impact panels, to mention just a few.
In addition to the criminal court proceedings, the state will pursue a suspension of your driver’s license at an administrative level. Upon your release from custody, you have 15 days to request an Administrative License Revocation Hearing. This request puts a hold on any suspension of your license until after an administrative judge has heard your case and made a ruling. Failure to make a timely request for a hearing results in a suspension of your license 40 days after your release from custody. Upon conviction in the criminal court, the DPS assesses a surcharge for the privilege of issuing a license for three years. Please be aware that the administrative proceedings are separate from the DWI criminal court proceedings. When hiring an attorney, make sure you communicate what you want representation for. Should your license be suspended, any attorney will tell you it’s a good idea to get an occupational driver’s license. You can get one via a civil petition to acounty court at law.
This article not meant to be a complete guide for a DWI defendant in Texas. One can see that between bond releases, towing charges, attorney fees, court costs, probation fees, occupational license fees, raised insurance premiums and a license surcharge, it’s no surprise that the DWI has been called the $20,000 cocktail.
Take this lawyer’s opinion: Go out and have a good time, but do not drink and drive.
