When you are charged with a DWI in Texas, your case will go through a series of phases. Ashley L. Anderson is ready to guide you through this process and provide her clients with guidance during what can be a time of uncertainty.
Contact Ashley today to discuss your case.
Phases of a DWI Case
- Arrest and Bond Conditions
- Administrative License Revocation Hearing
- Occupational License
- Arraignment
- Announcement Settings
- Motion to Suppress
- Plea Setting
- Trial Setting
- Expunction
- Motion to Revoke Community Supervision
Arrest and Bond Conditions
An Ignition Interlock Device is a device that may be required as a condition of your bond to be installed on your vehicle. The device requires you to blow into the device in order to start your vehicle and keep it running. Ignition Interlock Devices may be ordered by the Judge either as a condition of your bond after arrest or if found guilty, while you are on probation/ community supervision, or both. Ordering an Ignition Interlock Device is a matter of discretion for the Judge for a first DWI offense. However, the Ignition Interlock Device is mandatory for any subsequent DWI or Intoxication Assault or Intoxication Manslaughter charge. Ashley has been through specific training through Recovery Healthcare (the company that monitors these devices in the North Texas area) regarding the Ignition Interlock Device. Give Ashley a call today with your Ignition Interlock questions.
Administrative License Revocation Hearing
Losing your driver’s license can cause serious hardships in your day-to-day life and activities. From not being able to get to work to the inability to pick your children up from school, your driver’s license is of extreme importance.
Time is critical! If you refused to take the breath or blood test or failed the breath or blood test during your arrest for DWI, you must request a hearing within 15 days of your arrest to keep your license from being suspended. If you fail to do so, your license will be suspended 40 days after notice of the hearing was served on you at the time of your arrest.
An Administrative License Revocation hearing is a civil hearing in which an Administrative Judge determines whether or not your driver’s license will be suspended. This hearing is separate from your criminal DWI court case, but this hearing may have implications for your criminal DWI court case in the future. You need an attorney to represent you at the ALR hearing who is familiar with the process and knows what issues to address. It is imperative that you contact Ashley L. Anderson today to discuss how you can fight to keep your driver’s license privileges.
Occupational License
Your license can be suspended as a result of being arrested for DWI and your license can also be suspended as a result of a final conviction for DWI. The period of suspension can range from 90 days up to 2 years. This can make it difficult in Northeast Texas when you need to drive your vehicle to get to work. An occupational license can solve this problem and give you the ability to drive during working hours even if your driver’s license is suspended. Contact Ashley today to file for your occupational driver’s license.
Note: This does not apply to commercial driver’s licenses.
Arraignment
Arraignment is the first court setting that you will be required to attend after your arrest once your case is filed. You will have the opportunity to find out the charges against you and the punishment range of the charge. You will still have the opportunity to hire an attorney after this setting if you have not hired an attorney prior. Ashley can walk you through the process and ensure that you get the best outcome for your case. Give her a call today!
Announcement Settings
Announcement settings are court dates at which you are required to appear. The court will give you a few settings in which to determine your course of action. It is important to hire an attorney who can advise you on your rights and your options and chances at trial. Ashley has the experience you need. Call her today!
Motion to Suppress
A motion to suppress is a hearing before the Judge that can be set on your behalf. In a motion to suppress, you are challenging the work of the police as violating your 4th Amendment rights. If the Judge grants the Motion to Suppress, any evidence the police obtained after the stop of your vehicle must be thrown out and often the case is dismissed. Ashley has won many Motions to Suppress throughout her career. Contact her today to evaluate your case for a 4th Amendment issue.
Plea Setting
If entering a plea is your best option, then a Plea Setting is when you will enter your plea in front of the Judge. If your plea includes community supervision/ probation, then you will meet with a community supervision/ probation officer after your plea and set up your community supervision/ probation and go over your conditions. It is important that you understand your community supervision/ probation conditions completely and a good attorney will prepare you for what will be required of you while on community supervision/ probation.
Trial Setting
A trial setting is when your case is set for a trial either before a Jury or a Judge. If you elect a jury trial, your case will be heard and decided by a panel of 6 jurors from the community selected in a process called Voir Dire or jury selection. Most DWI jury trials last 1-2 days. At the conclusion of the jury trial, the jury will decide if you are “Guilty” or “Not Guilty.” If you are found “Guilty,” it is common for the Judge to determine the punishment. However, you may also elect for the Jury to determine your punishment. If you elect a trial by the Judge, the State will present all of its evidence against you to the Judge. You will have an opportunity, should you choose to, to also present evidence. However, you are not required under the 5th Amendment to present any evidence and the Judge will determine whether you are “Guilty” or “Not Guilty.” If you are found “Guilty,” the Judge will determine your punishment.
Expunction
If you are found “Not Guilty,” you can have the arrest and the DWI charge “expunged” from your record. Ashley can also assist in filing for expungement of your prior arrest and charge. Call her today!
Motion to Revoke Community Supervision
Under Texas law, probation is actually called community supervision. A person may be placed on community supervision as a result of their sentence for a DWI or other misdemeanor or felony charge. When a citizen is placed on community supervision, they must obey conditions of community supervision. Conditions of community supervision are regulations that may be stricter than even what the law requires. For example, one limitation a person on community supervision may have is that they are not allowed to consume alcohol at any time while on community supervision, even in their own home. The community supervision department will review these regulations with the probationer prior to his/ her plea. If while on community supervision, a person is accused of violating one or more of the conditions of community supervision, the community supervision department can file a motion to revoke your community supervision and seek for a jail sentence to be assessed. You are entitled to a hearing before the Judge prior to any sentence being assessed on a Motion to Revoke Community Supervision. Call Ashley today to assist you with your probation or community supervision revocation.
Call Ashley L. Anderson to discuss your case today!
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