Stephen Hamilton, P.C. Lubbock Texas Criminal Defense Attorney
When you have been arrested for DWI or have a DUI arrest in Texas, there are usually both Motor Vehicle and Court Proceedings
To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension (usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. It is our opinion you should request the officer’s presence at the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.
This is your initial court date. It will either be noted on your bond release or you will be notified by mail when to appear (usually about 30 to 60 days after arrest). This hearing is primarily for advisement of rights. If you have an attorney, he will advise you.
Your attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain. This conference will happen about 6 weeks after arraignment. This is usually after the driver’s license hearing (ALR). The date is set by the Court and your attorney on his calendar.
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere from 6 weeks to 3 months after the pre-trial conference.
You may either request a bench trial wherein the court hears the case or a jury trial. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve.
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes.