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DWI Process

Tylden Shaeffer goes over the two sides of a DWI case that need to be handled after an arrest.

When you are charged with a DWI in the state of Texas, there are two different processes you are going to go through. The first process that you will be confronted with is the drivers license hearing. And that is called the ALR or the Administrative License Revocation Hearing. That is a process that you go through to find out whether or not your license will be suspended. There is a quick deadline on this hearing and it is very important to consult with a DWI specialist as soon as possible. This process only deals with your license and any possible revocation and does not have direct implications on your criminal or DWI charge which is going to be in a separate court.  

However, this process is extremely important to the defense of your DWI charge in criminal court. And the reason is that it gives me, a criminal law specialist, the opportunity to cross examine and question the police officer who has arrested you for DWI at an early stage of the DWI prosecution and then later be able to use that and build upon that in the defense of your DWI in the criminal case. The second stage in your DWI process is going to be the criminal court. If this is a misdemeanor level DWI it will be in a county court. If it is a felony level DWI, because it is the third or subsequent offense or because there has been some serious bodily injury or death that has occurred because of an intoxication offense driving a vehicle then you will be in a felony or district court.

 

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