How Long Does a Texas DWI Case Take in Texas? A Timeline Breakdown

Being charged with a Texas DWI (Driving While Intoxicated) can be an overwhelming experience, and one of the biggest questions many people have is: How long is this going to take? While every case differs, the process from arrest to resolution can vary significantly depending on various factors. In this post, we will break down the key stages of a Texas DWI case and give you an idea of what to expect in terms of time.

Step 1: The Arrest and Booking Process

After being pulled over for suspected intoxication, the first step in the Texas DWI process is, of course, the arrest. If law enforcement believes you are intoxicated, they will arrest you and take you to jail for booking. Depending on the circumstances, this initial process can take anywhere from 30 minutes to a few hours. The booking process includes fingerprinting, photographing, and recording identifying information.

You will most likely be released after posting bail unless aggravating circumstances exist. If it’s your first offense, you may even be released on a Personal Recognizance (PR) bond. The time you spend in jail can vary, but this is a quick process for many people, and they are released the same day.

Step 2: The Arraignment Hearing

Your first court appearance after the arrest is the arraignment, typically occurring within a few days to a week after the arrest in counties like Harris County. However, in smaller counties, this could take a month or two. During this hearing, you will be informed of the charges against you and allowed to enter a plea.

Most people enter a plea of not guilty at this stage. The arraignment is usually brief, lasting anywhere from 15 minutes to an hour, and at this point, the court will also decide on any bond conditions. If you’ve hired an attorney, they can represent you at this hearing and discuss any options with the court.

Step 3: The Pretrial Phase

After the arraignment, your case enters the pretrial phase. This is when your attorney gathers evidence, speaks with witnesses, and requests documents like police reports, breathalyzer results, and dashcam footage. The length of this phase can vary greatly depending on the complexity of your case and how quickly the law enforcement agencies provide the necessary evidence. Typically, this phase can last from a few weeks to several months.

During this period, your attorney may also identify issues with the case, such as problems with the evidence, and may file motions to challenge certain aspects of the case or even request a dismissal.

Step 4: Plea Negotiations or Trial

Once the pretrial phase is complete, there are a few possible outcomes. If the prosecutor has a strong case, your attorney may try to negotiate a plea deal. This could sometimes lead to reduced charges or lesser penalties, but this negotiation process can take weeks.

The case will go to trial if a deal cannot be reached. Depending on the case’s complexity and whether expert witnesses are involved. It is important to note that while many DWI cases settle without going to trial, others may require a full jury trial, which can significantly extend the process to over a year if the court’s docket is backlogged.

Step 5: Sentencing and Appeals

Sentencing will occur once your case is resolved—whether through a plea deal or trial. The judge will decide on penalties, which may include fines, probation, or other consequences based on the specifics of your case. Sentencing typically happens immediately after a trial, but in some cases, it could take a few weeks, especially if a pre-sentencing investigation is necessary.

If you lose your case at trial, you can appeal the decision. Depending on the complexity of the case and the court’s schedule, the appeal process can take several months to over a year.

Factors That Affect the Length of Your Case

While the timeline provided offers a general overview, several factors can influence how long your DWI case will take, including:

• Case Complexity: Some DWI cases are more straightforward, while others involve complicated evidence or legal issues that can lengthen the process.
• Court Schedule: The speed at which your case moves through the court system can depend on the court’s docket and the number of cases waiting to be heard.
• Prosecutor Availability: If different prosecutors are assigned to the case throughout the process, this could cause delays.
• Jury Trial: If your case goes to trial, it may take much longer than a negotiated plea deal.

Real-World Example

In one recent case, I worked with a registered nurse client who faced delays because different prosecutors kept being assigned to the case. Despite this, we were persistent. After multiple court hearings and nearly a year of back-and-forth, the case was dismissed due to an issue with the breathalyzer test. The test had been administered after the mandatory 15-minute observation period, which rendered the results inadmissible.

This example highlights how unpredictable the process can be. Still, it also shows the importance of having an experienced attorney who will keep fighting for you until the best possible outcome is reached.

How Long Does a DWI Case Take in Texas?

From arrest to resolution, the entire DWI process in Texas can take anywhere from a few months to over a year. While some cases may be resolved quickly, many DWI cases can stretch out due to various factors like negotiations, court schedules, or the need for a trial. The length of your case will depend on the specifics of your situation, but having a skilled defense attorney by your side can help you navigate the process and protect your rights every step of the way.

If you are facing DWI charges in Texas, do not wait. Contact an experienced attorney today to discuss your case and start working toward the best possible resolution. We offer free consultations, so contact us today!