Being charged with a DWI in Texas can be overwhelming and frightening, especially if you’ve never been through the legal system before. You likely have many questions about what happens next and how this might impact your life. This guide will walk you through the basic steps of the DWI legal process in Texas so you can better understand what to expect in the weeks and months ahead.

DWI Charges in Texas: An Overview

In Texas, a DWI (Driving While Intoxicated) charge means authorities believe you were operating a vehicle while under the influence of alcohol or drugs. For adults, the legal blood alcohol concentration (BAC) limit is 0.08%, but you can still be charged if officers believe your mental or physical abilities were impaired, even with a lower BAC.

A DWI is more serious than a DUI in Texas. While DUI typically applies to minors under 21 with any detectable amount of alcohol in their system, DWI carries more severe penalties and applies to adults who are legally intoxicated.

The Two-Part Legal Process

When you’re charged with a DWI in Texas, you’ll actually face two separate legal processes:

1. The Criminal Case

This is what most people think of when they imagine “going to court.” The criminal case determines your guilt or innocence and what penalties you might face. Here’s what typically happens:

• Arraignment: This is your first court appearance where you’ll hear the formal charges against you and enter a plea (usually “not guilty” at this stage).
• Pre-Trial Hearings: Your attorney and the prosecutor will discuss evidence, possible plea deals, and file any necessary motions. This phase can involve multiple court appearances.
• Plea Negotiations: Your attorney may negotiate with prosecutors for reduced charges or penalties based on the evidence in your case.
• Trial: If your case doesn’t resolve through a plea deal, it will go to trial where a judge or jury will determine your guilt or innocence.
• Sentencing: If found guilty, the judge will determine your punishment, which could include fines, probation, alcohol education programs, or jail time.

2. The Administrative License Revocation (ALR) Process

Separate from your criminal case, the Department of Public Safety (DPS) will initiate proceedings to suspend your driver’s license. This happens automatically after your arrest.

• You have only 15 days from your arrest to request an ALR hearing to contest your license suspension.
• If you miss this deadline, your license will be automatically suspended, regardless of what happens in your criminal case.
• The ALR hearing is a critical opportunity for your attorney to question the arresting officer and gather valuable information that may help in your criminal case.

Potential Defenses in Your DWI Case

An experienced DWI attorney can use several strategies to defend you, including:

Examining Procedural Errors

Your attorney will review all aspects of your arrest and processing to identify if officers made any mistakes. This includes checking if:

• Proper protocols were followed during field sobriety tests
• Your rights were respected during the arrest
• Breathalyzer or blood tests were administered correctly

Challenging Test Results

Breath and blood tests aren’t always accurate. Your attorney will investigate if:

• The testing equipment was properly calibrated and maintained
• The person administering the test was properly trained
• Your medical conditions or other factors might have affected results

Reviewing Video Evidence

Most police vehicles have dashboard cameras, and many officers wear body cameras. Your attorney will compare the written reports to the video evidence to identify any discrepancies.

Recent Changes in Texas DWI Law

Texas now allows certain DWI cases to qualify for deferred adjudication. This means if you meet specific criteria and complete all requirements set by the court, you might be eligible to have your case sealed from public view. This is a significant development that can protect your future job prospects and reputation, but navigating this option requires experienced legal help.

Why Legal Representation Is Critical

Going through the DWI process without an attorney puts you at a severe disadvantage. A skilled DWI attorney will:

• Ensure you meet critical deadlines, like the 15-day window to request an ALR hearing
• Identify weaknesses in the prosecution’s case
• Negotiate for reduced charges or penalties
• Guide you through required programs and court appearances
• Protect your driving privileges when possible
• Determine if you qualify for deferred adjudication

Don’t Face This Process Alone

If you’ve been charged with a DWI in Texas, the legal road ahead can seem daunting. At Norris Legal Group, we understand the stress and uncertainty you’re feeling. Our experienced DWI attorneys serve clients throughout Tarrant County with personalized, aggressive defense strategies designed to protect your rights and future.

Contact Norris Legal Group today for a free consultation. Let us explain your options and build a defense strategy tailored to your unique situation. The sooner you reach out, the more we can do to help guide you through this challenging time and work toward the best possible outcome.