Criminal Procedure

DWI/DUI Criminal Procedure

Criminal Defense Lawyers Board-Certified in Criminal Law by the Texas Board of Legal Specialization

Standing as the Voice of Reason to Protect and Defend Texans

Accused of DWI/DUI

When you retain the services of Stradley, Chernoff & Alford, L.L.P., to represent you after a drunk-driving arrest, you are in experienced hands. We are former chief prosecutors and former assistant district attorneys who are eminently well qualified to guide you smoothly through all criminal procedure involved in your DWI/DUI case.

Contact our experienced drunk-driving defense lawyers for experienced counsel regarding DWI/DUI criminal procedure including the following:

The Arrest

Your drunk-driving case begins when there is probably cause to believe that a crime has been committed. There are three ways that a case can be brought to court:

• arrest of the accused at the scene of the crime or soon thereafter
• arrest based on a warrant issued by a court as a result of a sworn complaint
• arrest based on an indictment by a grand jury after investigation

Probable cause arises when the information provided would warrant a reasonable and prudent person to believe that a particular person has committed or is committing a crime.

The Charge

In Harris County, the district attorney will make the decision whether to bring drunk-driving charges against you. An assistant district attorney is on call twenty-four hours a day.

The Preliminary Appearance

The police officer who arrested you must, without unnecessary delay, take you before a magistrate. The magistrate must inform you of your constitutional rights and determine whether probably cause exists for the arrest. This procedure usually occurs within twenty-four hours of the arrest.

Appearance of an Attorney

Every person accused of a crime has the right to an attorney. If you cannot afford an attorney, the state must provide one. The judge will decide whether or not you can afford your own attorney. You do not have the right to choose a particular state or federally provided attorney.

The Grand Jury

The district attorney is required to present felony cases to the grand jury unless the defendant waives indictment. Most presentations before the grand jury are without witnesses. A misdemeanor charge does not require an indictment.

The Arraignment

The first appearance of the accused after indictment is called an arraignment. The judge will verify your identity and ask for your pleas. The judge may also appoint counsel at this time.

As frightening as these procedures sound, please know that the experienced Houston, Texas, DUI defense lawyers at Stradley, Chernoff & Alford, L.L.P., have helped hundreds of defendants before you fight license suspension, achieve positive outcomes at trial, and avoid jail time.

Contact us.