The Court Process Under Texas DWI Laws

Friday, 18 May 2007

The court process under Texas DWI laws is quite a confusing one; for example, though DUI is commonly treated and charged as a misdemeanor for a first offense, DUI cases are prosecuted severely and heavily as serious felonies in Texas. Driving while intoxicated in Texas is a serious offence and therefore individual arrested under Texas face strict punishment and heavy fines.

It is generally seen that the current punishment system is not rehabilitative in nature but it is punitive by nature. Here heavy punishments are imposed on the offenders that sometimes may break them physically, mentally, psychologically or even financially. Sometimes, it is also seen that the current punishment system instigates repeat offenses, pumped hatred and worsen the problem instead of fixing it. That is highly undesirable for any person in any society.

Here, people in general, complainants, defendants, lawyers, judges and even the whole judicial system should act responsibly in the favor of mankind.

Hence, it is very important to follow the traffic rules, not to drink and drive, and if driving after drinking NOT to get intoxicated by exceeding the specified limit (BAC 0.08) while driving on the road. The first and foremost STEP is to find an experienced attorney who specializes in DWI cases, and has a fairly good history of fighting and winning such cases.

Here is brief information on the court process under Texas DWI laws:

Step 1 – The Arraignment: This is a formal court case against a person. Usually the formal court case starts with an “Arraignment” setting. This may however, vary from state to state or country to country. In some countries the court date is actually mailed by the court. During the arraignment setting, the defendant is supposed to enter a kind request to the charge. In most courts, this is not the case. At this step, the judge may set certain conditions on an individual’s release or bond. Here, the judge may also order that the accused would not operate a motor vehicle without a deep lung breathing Ignition Interlock Device installed in his or her vehicle. The judge also possesses the rights to submit to the random urine testing or wearing an ankle monitor.

The next court date would be set as soon as the individual enters a request of Not Guilty.

Step 2 – Pre-trial: This step is known as the “pre-trial” or “no-issue’ court dates. The appearance of the accused in the court is a compulsory act. This step also offers a DWI attorney, the time to investigation the case. At times, the accused must be prepared for a special motion hearing date. Here, the “Motion to Suppress” are presented to the court and argued. There are some courts that provide a different date for “Motion to Suppress” hearing. There is also a ‘trial call’ or ‘announcement’ in this step that usually confirms that all sides are prepared for the trial. Now, a request bargain can be entered at any of the court dates. The judge is not in a position to reduce the DWI effect on his own. It depends upon the prosecutor’s recommendation.

Step 3 – Trial: The third step is the trial step. It takes around one to two day for the DWI trial. However, the duration can be longer in case of a complicated felony. The judge decides on the final facts of the trial.

No matter, how knowledgeable and smart we are, to understand the court procedure we certainly need a lot of time and patience along with a willingness to learn. Most people immediately consult an experienced and knowledgeable DWI lawyer to represent their case upon a DWI conviction. Remember, being patient and trusting your attorney would do the trick.

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