I Got My First DWI, What Should I Expect?
Although the justice system is a huge part of our society, many people go their entire lives with only minimal interaction. Specifically, this rings more true in the criminal justice system. Our goal as criminal defense attorneys is to make sure any brief encounter you have with the justice system doesn’t turn into a life-defining moment.
Since most people have limited exposure to the criminal process, we frequently hear questions like: I got a DWI, what happens now? I have bond conditions, what do I do? They took my driver’s license, but I have to drive – what now? At Lovorn Law Firm we pride ourselves on open communication with clients, creating easier access through the criminal justice journey and providing legal knowledge to the community.
How will the court handle my DWI?
All cases are unique and each presents different opportunities and challenges. To get a grasp of your individual situation, we highly recommend you meet with one or more law firms to get feedback on how your case might be handled. At Lovorn Law Firm we offer free criminal defense consultations to aid you in this process.
In 2022 half of misdemeanor DWI cases (first offense) ended in a conviction. This can include a guilty plea, a plea of no contest (also known as a Nolo Contendere), a conviction by the Court (Judge) or a conviction by a jury. The next most common outcome is a dismissal – there are several avenues to a dismissal and during a meeting with an attorney you can discuss if this is possible in your case. Finally, there is deferred adjudication. This is a specific type of probation that, if successfully completed, allows for a defendant to keep a conviction off their criminal record. The completion of deferred adjudication usually requires some combination of paying fees, performing community service, meeting with a probation officer, submitting to counseling, avoiding drugs/alcohol, continuing to obey state/federal laws and/or other conditions outlined by the Court.
My driver’s license will be suspended, but I have to drive…
Once you are arrested for DWI, you will receive paperwork notifying you that your driver's license will be suspended within 40 days of your arrest. The paperwork will also state that you can request an Administrative License Revocation (ALR) hearing. This hearing is handled by the State Office of Administrative Hearings (SOAH) which is different from the court that will handle the DWI matter. The ALR hearing must be requested within 15 days to contest the suspension of your driver’s license.
Once this hearing is requested, the 40-day stay of suspension is extended until you have your ALR hearing. The extension is usually several months since the median time for Texas DPS matters to be handled by the SOAH is 119 days. At the ALR hearing, the court generally reaches one of the following outcomes: 1) grants suspension, 2) dismisses case or 3) denies suspension.
It is important to either meet with your attorney or request this hearing by yourself within the 15-day timeframe. While the burden of proof is low for the State, we have been successful in approximately 50% of the ALR hearings our firm handles.