What is the Process for DWI Hearings in Texas?

Posted By The Law Office of Kerrisa Chelkowski || 27-Sep-2013

The preliminary DWI hearing is not where you will be formally charged with anything; that occurs in the DWI arraignment. During the preliminary hearing, there is a chance that some or all of your DWI charges could be dismissed; however, you need a solid defense in order to do so. During this hearing, the prosecution will most likely be aggressive in nature, especially in the state of Texas. Law enforcement and prosecutors are adamant about convicting those accused of drunk driving throughout the state, and Texas is considered to be one of the states with the harshest policy on DWIs. If you have the presence of a qualified San Antonio DWI attorney when attending this hearing, you may have a better chance of not having to go to trial.

What goes on in the hearing itself?

During the hearing, your attorney will have the chance to question the police officer who arrest you and cross-examine his testimony of the way in which the events occurred. In addition, you can have witnesses come and give an account on your behalf as well. They may be able to shed more light on why you lost your balance during the field sobriety test, why you appeared dazed with blood shot eyes or why you were swerving on the highway. While there is plenty of eyewitness evidence that is taken into consideration, they also are willing to listen to hearsay evidence and will take a closer look at documented proof.

It is during this time that having an accomplished DWI lawyer with you can be extremely valuable. They can work to prepare a defense that combats evidence against you, showing either a lack of probable caused in pulling you over or showing an error in your chemical test administration. If there is strong enough evidence to show likelihood that your charges may be false or inaccurate, this could ultimately get your case dismissed entirely. Even if you do end up having to go to trial after the hearing, the time spent in the preliminary hearing will have allowed your attorney to get a better read on the prosecution. This can make it much easier to put together a strategic and creative defense if your DWI lawyer understands how the other side operates.

Retain a Reliable San Antonio DWI Advocate

Many people may take the preliminary hearing as something that is just a stepping stone to an inevitable trial, but this is not necessarily true. If you have the appropriate defense from the outset, you could very well be in a good place to move forward without any charges at all. As a former prosecutor, Attorney Kerrisa Chelkowski knows full well how the hearing process works. She is not only well-acquainted with the criminal justice system, she knows how to read the prosecution more quickly, as we has been there herself. It is insight like this that has allowed her to have a nearly perfect success rate with her clients. Contact our firm to learn more about the options available to you. Do not wait as your future and your freedom are on the line!

Categories: Criminal Defense, DWI

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