If you are arrested for a Houston DWI misdemeanor, then you must attend court 30 days after your arrest. You will be released after your initial arrest, and you can use this time to find an experienced attorney to defend you in court.
If you hire an attorney, then you won’t have to appear in court once the 30-day period is over, your attorney will attend court for you. During the 30 days between your arrest and your hearing, your case will be taken to the district attorney for further investigation. He will prepare a file of your case, complete all the required information, and forward your case to the county clerk. Once your file makes it to the country clerk, you case will be set on the court’s docket.
After eight to ten weeks of your first court appearance, your attorney will set up a conference with the county attorney to find the best resolution of your case.
After about six weeks to 3 months of the conference, your attorney will file motions to suppress evidence, by arguing constitutional violations, if it is proved that your constitutional rights have been violated all evidence against you will be suppressed.
Once your case makes it to court you will have two options, you may either stand trial before the judge in court or you may have a jury of your peers. If you want to appear before a jury the number of people in the jury will vary with respect to the nature of the offense. For a misdemeanor, the jury will be composed of six people, and if the case involves a felony the jury will have 12 people.
The final sentence will be passed either by conviction by the judge, or a plea bargain may be accepted and a plea entered. Sentences for a Texas DWI may include fines, Jail time, and community service.