https://www.evanscriminallawyer.com/dwi-felony-houston/ How a Felony DWI Case Will Proceed in Texas

1. How a Felony DWI Case Will Proceed in Texas
Anyone stopped and arrested for driving while intoxicated (DWI) in Texas faces strict
state laws with severe penalties. A driver can be charged with a misdemeanor or
felony DWI in Texas when he or she operates a motor vehicle while under the
influence of drugs or alcohol in a public place to the point where they lost the
normal use of their mental or physical faculties. The severity of the charge depends
on the number of prior DWI cases.
First and second-time DWIs in Texas are prosecuted as misdemeanors. Prosecutors
file felony charges if the DWI is a third or greater offense, or in a few other specific
circumstances. An arrest for DWI with a minor passenger (i.e., under age 15) in the
vehicle will result in a felony DWI with a child passenger charge. Also, if someone is
injured in an accident caused as a result of DWI, the charge will be a 3rd degree
felony DWI called Intoxication Assault. 2nd Degree felony charges of Intoxication
Manslaughter are filed when someone dies as a result of an accident with an
intoxicated driver.
Felony DWI charges carry substantial penalties, which can include a fine of up to
$10,000 and years of time in prison under Texas law, not to mention other negative
consequences like damage to your reputation. If you are arrested and charged with
a felony DWI, contacting an experienced attorney is key to helping you understand
how your specific DWI case will proceed and what you can do to reach the best
possible outcome for your future. Your attorney can help you navigate the legal
system, first by helping you understand the stages of your DWI case. Most felony
DWIs in Texas proceed according to the stages briefly described below.
The Arrest
The first stage of the DWI process begins with the arrest. A law enforcement officer
must have reasonable suspicion of a law violation to detain a suspect and proceed
with an investigation, as well as probable cause to make a legal arrest. Law
enforcement must administer all field sobriety and chemical tests correctly to the
driver. Your attorney will analyze and assess the details of your case to find out if the
arresting officer followed proper procedure at the time of your arrest.
Booking

2. Booking is the second stage of the process. The driver is typically processed at
the county jail’s central booking facility, beginning the booking intake process by
providing personal information, fingerprints and photo for the record. Then the
driver is placed into a holding cell until taken before a magistrate to determine
whether to grant a PR bond (personal recognizance) or set a bond amount. The
magistrate judge can also order bond conditions such as:
 Requiring an ignition interlock device be installed in the driver’s vehicle
 Requiring an ankle monitor that tests for alcohol
 No using or possessing drugs or alcohol
 No driving at all
Posting Bond
A bail bond can be posted in some DWI cases during the next stage of DWI case
proceedings. Felony DWIs typically have higher bail requirements than
misdemeanors, but it is still possible to be released on a bond in most cases. Once
the bond is posted, either through a bail bondsman or by paying with cash (keep all
your paperwork!), a conditional release from police custody is secured, with a
requirement for an appearance in court on a future date to answer for the DWI
charges as a defendant.
The Arraignment
The arraignment is the next stage. It is the first court setting, during which the
defendant is informed of the charges against him or her, as well as the rights the
defendant has moving forward in the process. The judge can also hear what facts
the government has to prove their case and determine whether there is probable
cause to move forward. It is not uncommon for an attorney to review a case and
determine that it is not necessary to go through these formalities. At this point, the
case will be reset and the lawyers begin the pre-trial discovery stage.
Pre-Trial Discovery
In the pre-trial discovery stage, the defense attorney requests copies of evidence the
government may try to use at trial, as well as documents, recordings, lab records,
and other materials to potentially use in defense of the case. This part of the
process can take many months depending on the court, law enforcement agency,
laboratory, and prosecutors involved with the case. The attorney should review the

3. evidence with the client to assist them in making a decision about how to proceed
with the next steps.
Administrative License Revocation Hearing
A collateral issue in DWI cases is the Texas Department of Transportation (“DPS”)
attempting to suspend the driver’s license of the accused person. This process takes
place at the State Office of Administrative Hearings and an administrative law judge
decides whether or not to give DPS the authority to suspend from anywhere
between 90 days up to 2 years, depending on the situation. This is a vital stage
because it sometimes gives the lawyer the opportunity to cross examine the officer(s)
involved in the case.
Plea Bargaining
Plea bargaining is a part of the process where the attorney for the defendant and the
prosecution meet to attempt a resolution of the case without having to go to trial.
The goal of the attorney for the defense is to negotiate a reduction or dismissal of
charges, often achievable especially if there are improper procedures, no prior
convictions of the defendant, mitigating evidence, etc. Some DWI cases are resolved
during this stage, but if not, the case gets set for trial.
Preliminary Hearings and Pre-trial Motions
A preliminary hearing for a felony DWI case occurs when the judge assigned to the
case makes decisions about what evidence may or may not be admissible if the case
does go to trial. Pre-trial motions are challenges an attorney makes to fight for some
evidence to be excluded from the upcoming trial. Hearings on the motions are
scheduled so an attorney can examine witnesses and present arguments before a
judge. If the judge rules to exclude evidence, it could lead to a dismissal of the case.
The Trial
If a plea of Not Guilty is entered (assuming no plea bargain is reached) a felony DWI
case proceeds to trial. This stage includes jury selection, opening statements,
examination of witnesses, arguments from the prosecution and defense, jury
deliberation, and the rendering of a verdict. If the defendant is found guilty, the case
moves into the punishment phase of trial.
The Sentencing

4. If the jury returns a verdict which results in a conviction, the case moves into
the punishment or sentencing stage. The punishments for a felony DWI conviction in
Texas depend on the specific circumstances of a case but can include from 2-10
years in prison, a fine of up to $10,000, a driver’s license suspension up to two years,
and other potential conditions if placed on probation.
If you are convicted of a felony DWI in Texas, it will be on your record for life. The
best way to proceed is to consult with a reputable and competent criminal defense
attorney to help you fight DWI charges against you. An experienced and skilled DWI
defense attorney can help you understand the way your case will proceed. If you
need a committed attorney to advocate for you, contact the Law Office of Collin
Evans. Collin Evans is an honest attorney who can answer your questions and
provide valuable legal counsel. For a free consultation, contact Houston DWI
attorney, Collin Evans, online or by phone at 713-225-0650 to discuss the details of
your case or any other legal issue you might be facing.