I was arrested for DWI. What happens next?

First and foremost, please bear in mind that you have only FIFTEEN days from the date of the arrest to request a hearing on the suspension of your license. If you do not request a hearing your license will be automatically suspended.

In a typical case, the police will send a packet to the District Attorney's office who will in turn file the case. There is generally a four to six week time frame between the time you are arrested until you are informed that you must appear in court.

DO NOT wait this long to consult a qualified DWI defense attorney. It is important to begin gathering the facts and evidence necessary to mount an effective defense immediately.

How long does the process take?

The length of time it take to resolve a DWI charge varies depending upon the facts as well as your goals for the case. If your attorney sets the case for trial and files litigates pre-trial motion, the case can take nearly a year or more. On the other hand, it may only take weeks from the time the case is filed if you want to resolve your case right away with a plea.

I failed or refused the breath test. Is my license automatically suspended?

No. If you request an ALR hearing within fifteen days your license will remain valid until such time as a hearing takes place. At the hearing, the State Department of Public Safety must prove certain facts. If they fail to do so, your license will not be suspended. To learn more, please visit my ALR section of this website.

What happens if my license is suspended?

If your license is suspended you are able to petition the court for an Occupational Driver's License (ODL). This is a restricted driver's license that will allow you to drive up to twelve hours a day, six days a week. For more information please see the Occupational License section of this website.