DWI FAQ
I was arrested for DWI. What happens next?
At this point it is understandable if you are overwhelmed and bewildered by the situation. First and foremost, please remember that you have only FIFTEEN DAYS
from the date of arrest to request a hearing on the potential suspension of your driver's license. If you do not request a hearing your license will be automatically suspended.
In a typical case, the police agency that arrested you will send a packet to the District Attorney's Office. The District Attorney's office files the formal charge against you. Once the District Attorney's Office files the case, it will be randomly assigned to one of the courts and you will receive notice to appear. Generally, there is a four to six week time lapse between the time of your arrest and your fist court appearance.
How long will it take to resolve the charge against me?
The length of time it takes to resolve a DWI charge will vary. It depends upon the facts of the case, as well as your goals for the case. If your attorney files pre trial motions that are heard and then sets the case for trial, it can take up to a year. On the other hand, it may take only weeks from the time the case is filed to resolve it if that is your goal.
I failed or refused to submit to a breath or blood test. Is my driver's license automatically suspended?
No. If you request hearing through the Administrative License Revocation (ALR) process within fifteen days of your arrest, your license will remain valid until such time as a hearing takes place. Recently it has taken approximately four months or more to schedule a hearing. Your license will be valid at least until the hearing.
At the hearing the State must prove certain facts. If they fail to do so, your license will not be suspended. To learn more, please visit the ALR- Save Your License to Drive section of this website.
What happens if my license is suspended?
If your license is suspended you will likely be able to petition the court for an Occupational Driver's License (ODL). An ODL 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 webiste.
At this point it is understandable if you are overwhelmed and bewildered by the situation. First and foremost, please remember that you have only FIFTEEN DAYS
from the date of arrest to request a hearing on the potential suspension of your driver's license. If you do not request a hearing your license will be automatically suspended.
In a typical case, the police agency that arrested you will send a packet to the District Attorney's Office. The District Attorney's office files the formal charge against you. Once the District Attorney's Office files the case, it will be randomly assigned to one of the courts and you will receive notice to appear. Generally, there is a four to six week time lapse between the time of your arrest and your fist court appearance.
How long will it take to resolve the charge against me?
The length of time it takes to resolve a DWI charge will vary. It depends upon the facts of the case, as well as your goals for the case. If your attorney files pre trial motions that are heard and then sets the case for trial, it can take up to a year. On the other hand, it may take only weeks from the time the case is filed to resolve it if that is your goal.
I failed or refused to submit to a breath or blood test. Is my driver's license automatically suspended?
No. If you request hearing through the Administrative License Revocation (ALR) process within fifteen days of your arrest, your license will remain valid until such time as a hearing takes place. Recently it has taken approximately four months or more to schedule a hearing. Your license will be valid at least until the hearing.
At the hearing the State must prove certain facts. If they fail to do so, your license will not be suspended. To learn more, please visit the ALR- Save Your License to Drive section of this website.
What happens if my license is suspended?
If your license is suspended you will likely be able to petition the court for an Occupational Driver's License (ODL). An ODL 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 webiste.