If your loved one has been arrested for driving while intoxicated (DWI) in Texas, it is crucial for them to understand how they can protect their rights and gain a better understanding of the state’s DWI booking process.
Initial traffic stop
After the local police pull your loved one over for suspicions of DWI, they will assess them for visible signs of drunkenness, such as alcohol breath, slurred speech, bloodshot eyes and an unsteady balance.
Keep in mind that Texas has strict laws about driving with an open bottle of alcohol inside the car’s passenger area. So even if your loved one was not showing any signs of intoxication, they may still receive a Class C misdemeanor if the police find them guilty of such act.
Booking process
After the DWI arrest, the local police will take them into the police station for booking. During this process, the officer-in-charge (OIC) will ask for their personal information and take a digital record of their fingerprints and mugshot.
Depending on the circumstances of their arrest, the OIC may also request them to take a breath and/or blood test. These administrative steps help create an official record of their DWI arrest and determine their custody status.
For example, if they are a first-time offender, the OIC may deem them a “low flight risk”, meaning they are less likely to flee and avoid their prosecution. These types of offenders usually qualify for bail.
Posting bail
If your loved one qualifies for bail, they can post a cash bond or work with a bail bond service who can pay the bail amount on their behalf. However, if they are not eligible for bail (e.g., they have a criminal history); they will have to stay in custody and be brought to court by the police for their arraignment.
Attending an administrative license revocation (ALR) hearing
Since a DWI arrest in Texas triggers two separate legal consequences for your loved one: a criminal case for their DWI charge and an administrative case for their potential license suspension, it is vital for them to request for an ALR hearing as soon as possible.
For example, a first time DWI offender in Texas may face up to one year of driver’s license suspension. However, if they attend their scheduled ALR hearing with a DWI lawyer, their lawyer can advocate for them and help safeguard their driving privileges.
A solid support system in times of challenges
By being a strong support system for your loved one during their DWI arrest, you can help them make informed decisions about their case and encourage them to act with urgency by hiring legal counsel that can protect their rights and fight for their freedom.