Announcements, Plea Settings, and Pre-Trial Dates Depending on the court, there will be 3, 4, or more announcements, plea settings, or pre-trial dates. In general, these are all the same thing, despite the different names. No matter what they are called, these announcements are simply court settings, where I will…
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…
Bail If you are reading this, you have probably already posted a bond (bail) to get out of jail. You may have either posted a Cash Bond (where you put up the entire amount), or a bail bond through a bondsman. In the case of a cash bond, at the…
Arrest of the Citizen Accused Your arrest was the first formal step in the criminal DWI process. Your arrest supposedly happened after the officer felt that he had enough probable cause to arrest you.
In a recent arrest in Ohio, a police officer was arrested after driving erratically. What I find most interesting is that he refused to submit to any chemical testing…. Hmmmmm…. It is interesting when many officers "encourage" or bully people into taking these tests, but when push comes to shove,…
"I was just arrested for DWI 2nd… what will this do to my license?" The answer to this question in Texas is complex, and depends on many factors that are not known based on the question. I would need to know if you refused to submit to a breath test,…
In a recent case in New Mexico, a citizen was arrested, tired, and acquitted of DWI. Despite his being found not guilty by a jury of his peers, and after a clerk "checked the wrong box" saying guilty, his picture and name was published in the newspaper. Oh yes, a…
The ALR Process Administrative License Revocation Program I am often asked about the process that occurs after your license is confiscated subsequent to a DWI arrest. As mentioned on several other pages of this site, there are actually two different processes working against you at the same time. The Criminal…
What is the Difference between DWI and DUI in Texas? In Texas, DWI, or Driving While Intoxicated (1st), is a crime that can carry with it up to 180 days in jail, and up to a $2,000 fine. DWI carries with it a harsher punishment and penalties than DUI. In…
They do not have all the witnesses available to prove their case. The Officer moved or no longer wants to testify The Witness who "called in" the DWI cannot be found The "Technical Supervisor" of the breath test is unavailable to testify. The "Breath Test Operator" is unavailable to testify.…