Driving while intoxicated (DWI) is a serious offense in San Antonio. It carries significant legal consequences that can impact a person’s driving privileges, finances, and even freedom. Texas has strict DWI laws, and those arrested for the offense must undergo a structured legal process before their case is resolved.
Hence, understanding the process for a DWI can help those being accused prepare for the next steps and make informed defense choices. Each step, from the arrest through the potential trial, has implications under the law and can decide the direction the case will follow.
Thus, having the right lawyer can make all the difference when navigating the complex process and towards the best possible outcome.
Below is the breakdown of the process for the San Antonio DWI case from the arrest to trial.
1. Arrest and Booking
A DWI begins when the suspect is stopped by the police officer for suspected intoxication from alcohol or drugs. This is after the officer has seen erratic driving, stopped the suspect during routine checks, or met the suspect during a DWI checkpoint.
Once the suspect is stopped, the officer can provide the suspect field sobriety tests and compel the suspect for the level of intoxication breath test.
If the officer is sure the available evidence is strong enough to file the DWI, the driver will be arrested and transported to the jail or police station for booking. In the act of being booked, the police also note the person’s name, address, and photograph.
Besides, the arrested party can also be held until the individual is ready for discharge, for which the driver will need to pay the specified bail.
In such situations, consulting a San Antonio DWI Attorney can be crucial in securing a timely release and building a strong defense against the charges.
2. Chemical Testing and License Suspension
After an arrest, the driver can be required to give chemical tests for their blood alcohol level (BAC). This can range from breath, blood, or urine tests. In Texas, refusal to obey chemical tests will result in suspension under the state’s implied consent law.
The Texas Department of Public Safety (DPS) also implements administrative penalties for cases of DWI, including suspension of the driver’s license.
In the event the driver refuses the chemical test or fails the test, the driver will be issued a Notice of Suspension. They will also be provided with the right to appeal for an Administrative License Revocation (ALR) hearing within the next 15 days.
If the hearing is not appealed during this time, the license will be suspended for the length specified, from 90 days to two years, depending upon the nature of the case and the offense history.
3. Arraignment
The arraignment is the first formal appearance by DWI in the courtroom. In this appearance, the accused is officially informed about the charges against them and is granted the right to plead—guilty, not guilty, or no contest.
In most cases, the suspect pleaded not guilty when arraigned for DWI, leaving their attorney room for investigation and the ability to negotiate potential pleas.
Suppose the suspect is willing to plead guilty. In that case, the case can go immediately into sentencing, where the judge will determine the punishment, perhaps including fines, probation, work for the community, or jail.
4. Pre-Trial Motions and Discovery
Once the arraignment is complete, the case moves into the pre-trial phase, where the prosecutor and the defense exchange the evidence through the discovery process. In this process, the defense attorney will analyze police reports, body camera videos, breath test calibration reports, and witness testimony for loopholes the prosecutor’s case may contain.
Pre-trial motions can also be filed during this stage for the sole purpose of attacking the procedures or the evidence. For example, when the defense attorney discovers the officer did not have probable cause for the traffic stop, the attorney can make the motion to suppress the evidence.
Similarly, when the equipment for chemical tests is faulty, or the tests were given incorrectly, the defense can exclude the test results from the trial.
5. Plea Bargaining
Plea bargaining is also a common part of the San Antonio DWI legal process. Most cases of DWI are resolved through negotiated pleas rather than being tried. In the plea bargain, the defense lawyer and the prosecutor agree that the defendant pleads guilty to the lesser offense.
For example, the offense for DWI can potentially be lowered to reckless driving or obstruction of the highway for less serious penalties. In some cases, defendants can even be placed on probation instead of jail time or the requirement to complete a DWI education course for less severe penalties.
6. Trial
If there is no plea agreement, the case goes to trial, where a judge or jury will decide the defendant’s guilt or innocence. A DWI trial adheres to the typical courtroom procedure, starting with selecting a jury (if a jury trial), opening statements, testimony of witnesses, cross-examination, and closing statements.
During the trial, the prosecutor is mandated to prove beyond all doubt that the defendant drove under the influence. This is accomplished through the police officer’s testimony, breath test and blood test reports, and videos taken during the arrest.
Final Thoughts
A DWI matter in San Antonio has its formal process, from the arrest and the booking to potentially ending up in the trial. Each step can provide the ability to counter the charges, negotiate the plea, or establish a solid defense.
Moreover, the consequences of a DWI conviction can be severe, including fines, license suspension, and even jail time, making it crucial for defendants to understand their rights and legal options.
Therefore, having an attorney skilled in defending DWI cases can make a difference when the matter is being determined.
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