What Happens When Someone Is Arrested For A DUI/DWI?


What Happens From The Point Someone Is Pulled Over On Suspicion Of DUI To Being Arrested, To The Trial, Plea Or Sentencing? How Long Does It Usually Take?

When you get stopped, you get removed from the scene of the offense. And when you get removed from the scene of the offense, you’re taken down to the station, either police or sheriff’s station, and you’re given some questions. You’re also given the opportunity to provide a breath sample to detect your alcohol concentration that’s in your blood.

There begins the time lapse because if you blow over 0.08 or if you refuse to blow, the officer is going to confiscate that license and you’re going to have a 15-day grace period. There is a temporary license where you’re able to appeal that decision to suspend or to take your license.

You also get a piece of paper that’s also good for 40 days. So, the 15 day is your time to appeal; the 40 days is how long that piece of paper he’s giving you is good in lieu of your license. So there are timeframes there.

The other timeframe is about helping to proceed. It depends on if you’re in jail and did not make bond or if you’ve made bond. If you made bond you’re looking at about 6 weeks for them to develop a file from the local law enforcement agency that stopped you and getting it to the courthouse to develop a case number.

So it gets on the court docket and then after that, you have about a month where they send you notice, they invite you to the courthouse for an initial docket call. After that, you’re looking at another month for the case to be put on the docket for a pre-trial to decide what you want to do about it.

At the first court date, if you want to speak to the prosecutors by yourself, waive your right to a lawyer; or if you’re looking for a lawyer, or you have one already. The second thing that you want to do about your case is you want to fight it. So you prove it or you’d want to set up a date where you’d plead guilty either in a plea bargain or without a plea bargain and that’s where it really starts.

If you are in jail, they try to cut that 6 weeks down significantly because they can only hold you on that amount of bond for just so long. You’re looking about 30 days for people that can’t make it so they are trying to get their files set up, they are trying to push that as a priority to get that individual taken care of.

There are three different timelines drawn into that.

Are Most DUIs Bondable Offenses? What Would Make It A Non-Bondable Offense?

Every offense in Texas is bondable. This is when you’re talking about original cases, not revocations. However, if it involves a case that’s so serious where someone might get the death penalty and then they can make provisions to show. Other than that, DWIs are absolutely bondable.

The type of bond condition that they’ll be on is based on the blood alcohol level that they’ve been accused of and if they’ve had prior involvement with law enforcement, either with DWI or any other type of offense.

But generally, you can get bond.

Is The Person’s Driver’s License Immediately Taken When They Are Arrested For A DUI In Texas?

When you are arrested and you’ve blown over 0.08% or you’ve refused to provide the breath sample, at that time, your license is seized by the law enforcement agents and they give you that temporary driving permit which allows you to drive for up to 40 days in return. Once that happens and as time starts to expire, you can get an occupational license.

An occupational license allows you to go to work, go to religious services, go buy groceries, pick up children, and so on. They catch you sometimes when an Intoxilyzer device is attached to your vehicle at great expense and it requires high-risk insurance.

In Texas, SR-22 is what the insurance company provides you. That’s the name of the form and that is high-risk insurance, and it is extremely expensive.

Are Hardship Or Occupational Licenses Available In Texas?

Yes, absolutely. As mentioned above, the occupational license works everything into one umbrella. An occupational license can be used for work, religion, to buy groceries, and get the kid back and forth.

If you need information on What Happens After Someone Is Arrested For A DUI/DWI In Texas, call the law office of Bobby Dale Barina for a free initial consultation at (254) 699-3755 and get the information and legal answers you’re seeking.

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