Step 1: The Traffic Stop and Arrest

Most DWI cases in Texas begin with a traffic stop. The police may pull you over for a common violation such as speeding, swerving, running a red light, or failing to signal. Once stopped, the officer observes your behavior and appearance for signs of impairment, including:

• Slurred speech
• Red or watery eyes
• Alcohol odor
• Slow reaction time
• Confused or nervous responses

Field Sobriety Tests (FSTs)

If the officer suspects impairment, they may ask you to perform standardized field sobriety tests (SFSTs) such as:

• Walk-and-turn
• One-leg stand
• Horizontal gaze nystagmus (eye tracking)

These tests are voluntary, but officers rarely explain that. They are designed to create probable cause for an arrest.

Breath or Blood Test

You may be asked to submit to a breathalyzer or blood test to determine your blood alcohol concentration (BAC). Texas is an implied consent state, so refusing a test can lead to automatic license suspension through a separate civil process known as Administrative License Revocation (ALR).

If your BAC is 0.08% or higher, or the officer believes you are impaired, you will be arrested for DWI.

Step 2: Jail and Bond

Once arrested, you will be transported to the local jail or detention center. You’ll be booked, fingerprinted, and photographed. Bail will typically be set within a few hours.

Getting Released

There are three main ways to get out of jail after a DWI arrest in Texas:

1. Cash bond: Pay the full bail amount in cash.
2. Surety bond: Use a bail bondsman to post bond for a fee (usually 10% of the total).
3. Personal recognizance (PR) bond: Be released without paying, based on your promise to appear (less common for DWI).

Once released, you’ll receive court paperwork with a date for your arraignment (the first court appearance).

Step 3: ALR Hearing – Saving Your License

Separate from your criminal case, the Texas Department of Public Safety (DPS) will initiate a civil proceeding to suspend your driver’s license if you:

• Refused to take a breath/blood test, or
• Failed the test (BAC 0.08% or more)

You Have 15 Days to Act

You must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest to challenge the suspension. If you don’t, your license will be automatically suspended:

• 90 days for a failed test (first offense)
• 180 days for a refusal (first offense)

At Griffin, Cain & Herbig, we handle ALR hearings for our clients, cross-examine the arresting officer, and look for flaws in the traffic stop or testing procedure. Even if you lose, we can help you apply for an occupational license so you can drive to work, school, and essential tasks.

Step 4: Arraignment and Plea

Your arraignment is the first formal court hearing in your DWI case. Here’s what happens:

• The judge reads the charges against you.
• You (or your attorney) enter a plea: Guilty, Not Guilty, or No Contest.
• The court may set bond conditions (such as installing an ignition interlock device if your BAC was high).

In most cases, if you’ve hired an attorney, you may not need to attend the arraignment in person. We can often appear on your behalf.

Step 5: Pretrial Hearings and Motions

After arraignment, your case moves into the pretrial phase, where your attorney begins investigating the evidence against you and filing legal motions.

Key components of this stage include:

Discovery

We obtain all available evidence from the prosecutor, including:

• Police reports
• Body and dash cam footage
• Breath or blood test results
• Field sobriety test records
• Lab certifications and maintenance logs

Legal Motions

Depending on the facts of your case, we may file motions to:

• Suppress evidence if your rights were violated (e.g., unlawful stop or arrest)
• Dismiss the case for lack of probable cause
• Challenge the admissibility of chemical test results

A strong defense at this stage can lead to reduced charges, plea agreements, or even full dismissal.

Step 6: Plea Negotiations or Pretrial Diversion

Many DWI cases in Texas are resolved without a trial through plea bargaining or pretrial diversion programs.

Plea Bargain

In some cases, the prosecution may offer to reduce the DWI charge (e.g., to reckless driving or obstruction of a highway) in exchange for a guilty plea and completion of conditions like probation or alcohol education.

Pretrial Diversion

First-time offenders in some counties may qualify for pretrial diversion, allowing you to avoid a conviction by completing:

• Probation
• Community service
• Alcohol or drug education
• No further violations during the program

Successful completion often results in dismissal and the possibility of record sealing (nondisclosure) later on.

We negotiate aggressively with prosecutors to get the best possible outcome based on the facts of your case and your criminal history.

Step 7: Trial (If Needed)

If no agreement is reached, or if you want to fight the charges, your case will proceed to trial. You have the right to a jury trial or a bench trial (judge only).

DWI Trial Phases:

1. Jury selection (voir dire)
2. Opening statements
3. Presentation of evidence and cross-examination
4. Closing arguments
5. Jury deliberation and verdict

To convict you of DWI, the state must prove beyond a reasonable doubt that:

• You were operating a motor vehicle,
• In a public place,
• While intoxicated (by alcohol, drugs, or a combination).

We use every available defense to create doubt and protect your record, including challenging the stop, the arrest, the field sobriety tests, and chemical test results.

Step 8: Sentencing

If you plead guilty or are found guilty at trial, the case moves to sentencing. Texas law imposes escalating penalties based on prior offenses and aggravating factors.

First-Offense DWI Penalties:

• Fine up to $2,000
• Jail time: 72 hours to 180 days (may be probated)
• License suspension: 90 days to 1 year
• Community service
• Alcohol education class
• Probation (typically 1–2 years)
• Possible ignition interlock device

If your BAC was 0.15 or higher, if there was a child passenger, or if it’s a second or third offense, penalties increase dramatically, including felony charges, license revocation, and prison time.

We fight for probation, minimal fines, and alternative sentencing whenever possible.

Step 9: Post-Conviction Relief

Even after sentencing, some options may still be available to reduce the impact of a DWI on your life.

Occupational Driver’s License

If your license is suspended, we can help you obtain an occupational license so you can drive to work, school, and essential errands.

Expunction or Nondisclosure

While most DWI convictions are not eligible for expunction, first-time offenders who receive deferred adjudication or pretrial diversion may be eligible for nondisclosure (record sealing). This can prevent employers, landlords, and others from accessing your arrest and case history.