DWI —What Happens When You're Stopped

 

From the moment you are stopped – usually for a minor traffic violation – the play begins and the onboard video is capturing the well scripted events that follows. Unfortunately, you are one of the participants, but you haven’t had any opportunity to rehearse. On the other hand, the police officer likely has been through the process countless numbers of times and knows exactly what to say and do in a very precise order. The following is a general list of the events that will follow:

  • 1. The Stop - What is the basis for the officer being there? The officer will usually inform you why you were stopped, but he won’t tell you that he suspects you of driving under the influence (at least, not at the initial phase)
  • 2. The Questions - The officer will usually ask you a few questions about yourself, where you have been, where you are going, and if you have had anything to drink.
  • 3. The Field Sobriety Tests - The officer will ask you to perform various tests on the roadway.
  • 4. The Arrest - You will be handcuffed and placed in the patrol car. You may or may not be read certain rights at this time.
  • 5. Inside Police Vehicle - Once in the police vehicle, you will be read various rights and warnings. You will be asked if you will consent to a breath or blood test.
  • 6. The Ride to Jail - Caution! You are on camera the whole way. Anything you say, can and will be used against you. It’s best to be completely quiet. This is the time when most individuals become very talkative and friendly.
  • 7. Possible Trip to Hospital - You may be taken to a hospital for a blood draw.
  • 8. Booking at the Jail - Booking at the jail and Administering of breath test (or blood test)
  • 9. You Will See a Magistrate - You will see a magistrate - a judge who will set a bail amount.
  • 10. Making Bail - You can make bail, usually through a bonding company, and then be released.
  • 11. The Administrative License Process - Separate from the criminal case, there is an opportunity for a civil hearing to determine if your license will be suspended. This relates to the refusal to provide a blood or breath specimen, or consenting to such with a result of .08 or more. An individual must timely request a hearing or the suspension will take effect automatically.
  • 12. Your first court date in County Court - Called an arraignment, it's when you enter your first plea.
  • 13. Discovery - A period of time during which your attorney (if you retain one) will have an opportunity to review the evidence against you. If you represent yourself, you likely will never know about this part.
  • 14. Subsequent court dates - Preliminary proceedings and the filing of pre-trial Motions, if any.
  • 15. Plea Options
  • 16. Hearings on pre-trial Motions
  • 17. Trial, if necessary - Only a small percentage of cases actually go to trial.
  • 18. Dismissal, acquittal or punishment if found guilty
  • 19. Appeal

As should be obvious to you by now, DWI defense is very complicated and requires a comprehensive approach to consider many factors. The immediate and long-term practical and financial consequences of a DWI are very significant. At the very least, you should consult with an attorney so that you can make an educated decision about what steps you should take to resolve the matter.

Contact Scott Markowitz at (713) 521-7568 for your free initial consultation. He will inform and advise you what steps are necessary to protect your rights and mitigate the circumstances at your arrest.