Understanding the Texas DWI Process: From Arrest to Trial

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The Texas DWI process is complex and can be difficult to navigate. For anyone facing charges, it is essential to understand what happens after an initial stop to the resolution of the trial. Most people going through this process for the first time do so without any heads up about what to expect.

However, with the help of the Omar Saman Law Office in Texas, we put together this guide to you through each step.

The Arrest

The process of DWI begins with a law enforcement officer suspecting that a driver is under the influence of alcohol or drugs. There are three main ways that a traffic stop can be initiated:

The officer has probable cause to believe that a law has been broken or a driver is acting in a way that necessitates a traffic stop.
The officer observes a driver in violation of a traffic law (such as speeding or going too slow).
The officer sees a driver who is, in their judgment, driving erratically and pulling them over seems appropriate.

If the officer then observes signs of intoxication (like slurred speech, for instance) they will typically proceed with a field sobriety test.

Booking and Bail

Once the suspect is arrested, they are taken to jail. First comes the booking process. Booking includes three basic steps: fingerprinting, taking mugshots, and recording personal information.

After recording all this information, the arresting officer then fills out a document called the booking form or sheet. Once the booking process is done, the inmate usually waits in jail for about a day until they see a judge.

Arraignment and Pre-Trial Proceedings

The arraignment is the defendant’s initial appearance in court. At this appearance, the defendant is officially charged and must say what kind of plea he or she is entering. A plea can be guilty, not guilty, or no contest. If the plea is not guilty, the next part of the process is the pre-trial, where lawyers exchange evidence, negotiate pleas, and make motions.

Plea Bargaining

In numerous instances, the prosecution may present a plea bargain, which could entail lesser charges or a more lenient sentence in return for a guilty plea. The defendant, advised by their attorneys, must choose whether to agree to the plea or go on to trial. The legal experts at the Omar Saman Law Office in Texas advises each client on a case-to-case basis regarding plea deals.

The Trial

Should the case proceed to trial, the evidence is presented, along with questions for the witnesses, and the arguments are made by both sides in the case. This is done before a judge or jury.

The prosecution must prove that this defendant, who was acting under the influence of alcohol, did drive a car in a way that put other people in danger. The defenses’ job is to try and prove otherwise.

The Omar Saman Law Office in Texas Can Help You Resolve Your DWI Case

The DWI process in Texas is intricate, and the results can be different depending on the evidence, whether there are prior offenses, and the quality of legal representation. It is important to understand each step if one is to make informed decisions and prepare a strong defense in the unfortunate event that they are charged with a DWI.