Filing of the DWI Criminal Case

Once the police believe that their investigation is complete, they will send their arrest report, and evidence in the case to the District Attorney of the county in which they made the arrest. This usually consists of their arrest report, video of the roadside and intoxilyzer room, and breath or blood test.

At this point, an attorney from the district attorney’s office will review the report. In general, it is just a VERY cursory review of the report. Over 99% of the time, the DA will accept the case for prosecution. (This is the process for a misdemeanor. In a felony case, a grand jury must review the case before presenting an indictment.)