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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 have the opportunity to visit with the prosecutor and learn more about your case. I will speak with the District Attorney handling your case, get a look at a police report. I will also be able to drop off a video to get a copy of the video of your arrest and/or breath test.

Almost always, it will be me handling these court settings. Occasionally, though, I will have a conflict where I cannot attend, I may have another attorney cover the setting. Depending on the county and and the judge, you may or may not have to attend these settings. In general, you do nothing at these hearings except to show up and prove you haven’t fled the country.

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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.)

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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 disposition of your case, you are entitled to that money back (minus a small percentage to the court clerk). With a bail bond, any amount you paid to the bondsman will be retained by that bondsman. It is their "fee" for putting up the rest of the money for you.

If you bonded out of a city jail (i.e. Frisco, Plano, McKinney, Richardson, Denton), you will probably have to go to the County Jail to get processed in. You usually need to do this within 10 days of your release. If you were taken directly to the County Jail (McKinney for Collin County, Lew Sterrit for Dallas County, or Denton for Denton County), you would not need to go back to check yourself in.

Your bail bond is your promise to reappear for all court hearings. The point of the bond is to set a price that will ensure you show back up, and don’t flee to Mexico. With most DWI cases, this is never a problem, and as long as you show up as scheduled, everything is fine.

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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, they refuse.  Is it  really possible that only DWI attorneys know there is a fallacy with these tests?  Or is it at all possible that the police as well realize that there is a problem here?

Akron Detective Turns In His Badge After DUI Stop


Written by OJ Fagbire   

Detective Kris Hanzel, of the Akron police force, was pulled over last week when he was seen driving erratically.

He was off duty at the time. Officers report that Hanzel refused to take an alcohol test or any drug tests.
 
Hanzel, who has been a member of the department for 14-years, turned in his badge and resigned his post the day after his arrest.

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"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, and how recently you had "ALR Contact" and how recently your prior DWI Conviction was.

ALR Suspension

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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 retraction was printed, but I’m quite sure it was too little too late for him.  The interesting thing is, I found this article online, on an NBC news site, which not only published his name, but also published his PICTURE as well!   Apparently they don’t care about his privacy either….

Here is the story, but in order to not perpetuate the wrong that was done to this man, I have removed his name and his picture.

Man mistakenly published on DWI offender list

A man who was never found guilty for DWI had his picture published in the local paper saying he was guilty of drunk driving.

XXXXXXXXXXXXXXX, was arrested last August and blew at or above the legal limit, according to court records. XXXXXXXXXXX fought the case and was found "not guilty," in February.

A Metropolitan Court clerk made a mistake and marked guilty next to the DWI charge days after XXXXX was acquitted.

XXXXXXXXX works for the Federal Government on Kirtland Air Force Base and has been trying to get higher security clearance.

XXXXXXXXXXXXXX said, "I’m gonna have to do a lot of explaining I shouldn’t have never had to do."

For two months XXXXX was officially a convict, until the mistake was found and fixed.

During the time XXXXXXXXXXXXX was mistakenly labeled "guilty" his name was put into the mix of guilty faces to be published by Albuquerque police.

Metropolitan Court spokeswoman Janet Blair said, "We really regret Mr. XXXXXXXXXXXX had to go through this…and we don’t understand why such outdated information was used when correct information has been available for three months."

The Albuquerque Police Department plans to issue a retraction in the next few months.

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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 Case and the ALR / License Suspension process.

As a general rule, when you hire me, you need to do nothing regarding this process. I take care of filing all motions, requests, and appearing at the hearing. You do not need to do or attend anything. Despite my taking care of everything, it is nice to know what is going on. I always keep my clients updated as to where they are in the process.

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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 order for the state to convict someone of DWI, they must prove that the driver of a motor vehicle either had above a .08 BAC, or lost the normal use of their mental or physical faculties due to the introduction of alcohol, a drug, or a combination of the two. You can receive a DWI at any age (above or below 21). With each conviction, the punishment & ramifications of a conviction go up.

In Texas, DUI, or Driving Under the Influence is a crime that can only be committed by a minor under 21. The controlling statute is the Alcohol Beverage Code § 106.041. In order for the state to prove that you are Driving Under the Influence of Alcohol, the state must prove you were a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. BUT, if the police believe that you are above a .08 BAC, or you have lost the normal use of your mental or physical faculties, you may end up getting arrested for DWI, the more serious of the two crimes.

I have created the chart below to help explain the differences. No matter which crime you are charged with, DWI or DUI, the ramifications can be extraordinary. This is especially true for what can happen outside of the punishment ranges. Drivers License suspensions, future loans or employers, may see your record, and future criminal proceedings may be enhanced.


DWI (1st)
AGE: Under 21 or Over 21 DUI Under 21
Offense Level: Class "B" Misdemeanor Class "C" Misdemeanor
Punishment Range: 72 hours – 180 days Jail, Up to $2000 fine Up to $500 fine
Proceedings Held: County Court JP or Municipal Court
Usual Conditions: DWI Class, Victim Impact Panel, Drivers’ Risk Inventory, 24-80 Hours Community Service, No Consumption of Alcohol Alcohol Awareness Program, 20-40 Hrs. Community Service, No Consumption of Alcohol
Proof Required: .08 or higher BAC
Not Having Normal Use of Mental or Physical Faculties		 Any detectable amount of alcohol (while driving)
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  1. They do not have all the witnesses available to prove their case.
  2. The Officer moved or no longer wants to testify
  3. The Witness who "called in" the DWI cannot be found
  4. The "Technical Supervisor" of the breath test is unavailable to testify.
  5. The "Breath Test Operator" is unavailable to testify.
  6. They has exculpatory evidence which would prove your innocence.
  7. They have evidentiary problems in proving your blood alcohol level.
  8. They have evidentiary problems in proving that you lost the normal use of either your mental or physical faculties.
  9. You will receive almost identical punishment if you are found guilty after trial.
  10. If you plea guilty, you will be assessed a $3,000 – $6,000 surcharge by DPS.
Contact Information
2591 Dallas Parkway, #207
Frisco, TX 75034
Phone: 469-333-3333
Toll Free: 1-888-DWI-FRISCO

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