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Austin
Texas DWI Trial Process
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Administrative License Revocation
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 requests 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.
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lst Appearance
If you have been arrested and released for a
misdemeanor DWI, you will be given a date to return to court
(usually 30 days after your arrest). If you hire an attorney,
the attorney can usually make this appearance for you, so that
you do not have to attend. During this 30 day period, the case
is sent to the County Attorney's office for further
investigation. The County Attorney then prepares an information
and files this with the County Clerk, and your case is set on
the court's docket.
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Pre-trial Conference
Your attorney will discuss your case with the County Attorney to
discuss the best possible resolution of your case. This
conference will happen about 8-10 weeks after your 1st
Appearance date.
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Suppression Hearing
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 6 weeks to 3 months after
the pre-trial conference.
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Trial
You may either request a bench trial wherein the court hears the
case or a jury trial wherein a jury of your peers hears the
case. 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.
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Sentencing
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 and fines.
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