~ LAW OFFICE OF MARK J. KELLY ~

1501 Amburn Road, Suite 9, Texas City, Texas 77591
Phone (409) 938-1000 ~ Fax (409) 938-5859 ~ E-mail

DWI/DUI Frequently Asked Questions

What happens after a DWI arrest in Texas?
Administrative License Revocation:

To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension(usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. It is our opinion you should requests the officer's presence at the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.

  • lst Appearance:
    If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually several months after arrest in Galveston County). During this period, the case is sent to the District Attorney's office for further investigation. The County Attorney then prepares the charges and files it with the County Clerk, and your case is set on the court's pretrial docket.
  • Suppression Hearing:
    The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney can file motions to suppress. This can occur anytime prior to trial.
  • Trial:
    You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve.
  • Sentencing:
    After conviction punishment can be set by either the judge or the jury. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.
Will I be able to get my case dismissed because I was not read my rights?
Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you.
Will I go to jail?
An experienced attorney may be able to keep you out.
I have three serious offenses within ten years, what will happen?
The third DWI is most likely a felony and you could spend up to 10 years in prison and receive a $10,000.00 fine.
What is the effect of a second DWI conviction within five years of a prior conviction on my drivers license?
Your drivers license can be suspended for up to two years without the ability to get an occupational drivers license the first six months.
How many hours of alcohol classes and community service will I have to take?
If convicted, plan on at least 12 hours of alcohol classes and any where from 24-48 or more hours of community service.
What will happen if I do not complete the classes or public service ordered by the Court?
You may go to jail for violating a condition of community service if you do not complete the alcohol classes and your license will be suspended.
I lost my Texas license. May I obtain a license in another state?
In most cases, no.
If I obtain an international driver's license, may I drive in Texas, even though my Texas license is revoked?
No
What can I do to save my Texas Driver's license?
  1. First and foremost, hire an experienced attorney. There are many factors to consider.
  2. Request a hearing and request the officer's presence. It will give you a preview of a trial, a rarity in criminal cases. If you hire us, we will ensure that the officer who conducted any field sobriety tests and the officer who pulled you over show up and justify their actions. Other officers may be subpoenaed. The breath test supervisor can be forced to show up and justify the results of any breath test.
  3. The license hearings are conducted under strict rules and you can win if D.P.S. does not follow the rules.
  4. Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.
  5. Investigate the adequacy of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol.
  6. Check the times of events. Officers must perform the tests within certain guidelines.

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