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) otherwise your license will be suspended for a period of time specified by DPS. However, if you timely request a hearing to contest your license suspension, you will be able to continue driving until the day of the hearing. If you lose at the hearing, you cannot drive after the hearing.
It is beneficial to request the officer’s presence at the hearing so we may learn his testimony before the District Attorney coaches him. 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.
1st Appearance:
If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually within 30 days after your arrest). During this 30-day period, the case is sent to the District Attorney's office for further investigation. The District Attorney then prepares the information and files this with the County Clerk, and your case is set on the court's docket. At this appearance you attorney will be able to review the police report and any evidence the State may have against you.
Pre-trial Conference:
Your attorney will discuss your case with the District Attorney to negotiate the best possible resolution of your case. This conference will happen about 6 weeks after your 1st Appearance date.
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. This hearing occurs anywhere from 6 weeks to 3 months after the pre-trial conference.
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 trial will be to a jury of twelve.
Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea is entered. Sentences may include jail time, numerous fees, fines, community service and/or alcohol classes.
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