DWI: Stages, Steps and Timelines

Driving While Intoxicated (DWI) charges in Texas can be difficult to navigate, as complex variables and penalty ranges can leave individuals searching for answers. By understanding the stages, steps, and timelines involved in the DWI process—from arrest to resolution—you can prepare yourself for the road ahead and choose the best legal course with confidence.

Arrest and Initial Detainment

Law enforcement officers can pull a vehicle over for a number of reasons, including but not limited to traffic violations, erratic driving behavior, and general suspicion of impairment. Upon suspicion of DWI, the arresting officer is permitted to detain the individual and request to administer field sobriety tests or chemical tests to determine intoxication levels. The individual does reserve the right to refuse a breathalyzer, but not without consequence: a driver’s license suspension for 180 days pending an administrative hearing. If the officer already has probable cause, he or she can obtain a warrant for a blood test. If the individual consents and registers a BAC over 0.08, his or her license could be suspended for 90 days.

If an individual has a commercial driver’s license (CDL), the suspension process for DWI is much different. In addition to the suspension of their regular driver’s license, individuals face a concurrent one-year suspension of their CDL. He or she may be eligible for an occupational driver’s license, but that will NOT permit the operation of a commercial vehicle.

Booking and Bail/Bond

Following the arrest, the officer will take the individual to a police station or county jail for booking, where officials will collect personal information, take photographs and fingerprints, and possibly confiscate any personal possessions. Bail may be set to secure release pending trial, depending on the individual’s criminal history and the severity of the offense.

Your bail/bond will also have conditions related to the offense. Most commonly, the offender will be prohibited from consuming any alcohol while on bond. Additionally, if he or she registers a BAC higher than 0.15, the state will require the installation of an ignition interlock device (often referred to as a “blow-and-go”) as well as SR-22 insurance.

Arraignment

Arraignment is the formal court proceeding where state officials inform the defendant of the charges against them. It’s during this time the individual will be assigned a bond amount by the local Magistrate Judge. This judge does not determine guilt or innocence, only what your bond and bond conditions will be.

Pre-Trial Hearings and Motions
There may be pre-trial hearings during which both the defense and prosecution present

arguments and motions related to the case. Motions may include requests to suppress evidence, change venue, or dismiss charges. Only the judge rules on these requests, any of which could significantly impact the outcome of the case.

Trial

If the case goes to trial, both sides have the opportunity to present evidence, call witnesses, and make arguments before a judge or jury. The prosecution is required to prove the defendant’s guilt beyond a reasonable doubt. The defense, conversely, may challenge the prosecution’s evidence and present its own case to refute the charges.

Sentencing

Sentencing occurs if the defendant is found guilty or pleads guilty. The judge will determine an appropriate sentence based on a spectrum of factors, including but not limited to the severity of the offense, the defendant’s criminal history, and any mitigating circumstances. A sentence for a DWI conviction may include fines, probation, community service, license suspension, mandatory alcohol education programs, or jail time.

Appeals

Following conviction, the defendant has a right to appeal the verdict or sentence based on legal errors of violations of his or her rights during the trial process. The appellate court then reviews the trial record, as well as the arguments from each side to assess whether a new trial or a modified sentence is justified.