Floyd County DWI Court Process

Floyd County DUI Court Process

Navigating the court system after a Driving Under the Influence (DUI) arrest can be overwhelming. This guide provides a clear understanding of the process in Floyd County, Texas, from initial appearance to potential penalties. Understanding the steps involved can help you make informed decisions and navigate the system with greater confidence.

Which Court Handles DUI Cases?

In Floyd County, the court that handles your DUI case depends on the severity of the charge.

• Misdemeanor DUI (First or Second Offense): These cases are heard in the Floyd County Court, located at 105 South Main Street, Room 105, Floydada, TX. County Judge Marty Lucke presides over this court. Note that Judge Lucke is a Constitutional County Judge and is not required to be a licensed attorney.
• Felony DUI (Third Offense or DUI with a Child Passenger): These cases are handled by the 110th Judicial District Court, located at 105 S. Main, Room 204. Judge William P. (Bill) Smith presides over this court, which also serves Briscoe and Dickens Counties.

The Floyd County Court has no publicly listed phone number or hours of operation. The 110th Judicial District Court also has no publicly listed phone number or hours of operation. The County Clerk, KeeLee Rawls, maintains records for Misdemeanor Court and the District Clerk, MaryJane Cisneros, maintains records for Felony Court. The filing hours are Mon-Thu 8:00 AM - 5:00 PM; Fri 8:00 AM - 3:00 PM.

To find your court date, you can contact the appropriate clerk's office or check online records if available.

The Court Process Timeline

The DUI court process in Floyd County generally follows these steps:

1. Arraignment (First Appearance)

• When it happens: The arraignment is your first court appearance and usually occurs within a few weeks of your arrest. You will receive a notice with the date, time, and location.
• What to expect: At the arraignment, the judge will inform you of the charges against you and your rights.
• Entering a plea: You will be asked to enter a plea of "guilty," "not guilty," or "no contest." Entering a plea of "not guilty" is standard procedure at this stage, allowing you time to review the evidence and explore your options.
• Getting a court-appointed attorney: If you cannot afford an attorney, you can request a court-appointed attorney at the arraignment. The court will assess your financial situation to determine if you qualify.

2. Pre-Trial Hearings

• Discovery process: During pre-trial hearings, your attorney will have the opportunity to review the evidence against you, including police reports, breath or blood test results, and witness statements. This is known as the discovery process.
• Plea negotiations: Your attorney may engage in plea negotiations with the prosecutor to try to reach a resolution without going to trial.
• Typical plea deals in Floyd County: Because Floyd County is a smaller, rural area, plea deals can vary. A typical plea deal might involve pleading guilty to a lesser charge, such as reckless driving, or agreeing to probation in exchange for a reduced sentence.

3. Trial (If No Plea Deal)

• Jury vs. Bench Trial: If you and the prosecutor cannot reach a plea agreement, your case will proceed to trial. You have the right to a jury trial, where a panel of citizens will decide your guilt or innocence. You can also choose a bench trial, where the judge makes the decision.
• What the prosecution must prove: At trial, the prosecution must prove beyond a reasonable doubt that you were driving while intoxicated. This means they must present evidence that you were operating a motor vehicle in a public place and that you had a blood alcohol concentration (BAC) of 0.08 or higher, or that you had lost the normal use of your mental or physical faculties due to the introduction of alcohol or drugs.
• Common defenses: Common defenses in DUI cases include challenging the accuracy of the breath or blood test, arguing that the police lacked probable cause to stop you, or presenting evidence that you were not intoxicated.
• Typical trial length: The length of a DUI trial can vary depending on the complexity of the case. A misdemeanor DUI trial may last one to two days, while a felony DUI trial may take several days or even weeks.

Penalties for DUI in Floyd County, TX

The penalties for DUI in Floyd County are determined by Texas state law.

First Offense

• Jail time: Under TX law §49.04, a first-time DUI offense is a Class B misdemeanor, punishable by 72 hours to 180 days in jail.
• Fines: Under TX law §49.04, a first-time DUI offense includes a fine of up to $2,000.
• License suspension: The Texas Department of Public Safety (DPS) will suspend your driver's license for 90 days to one year for a first-time DUI offense.
• Other requirements: You may also be required to complete a DWI education program, perform community service, and install an Ignition Interlock Device (IID) on your vehicle.

Second Offense

A second DUI offense is a Class A misdemeanor under TX law §49.04, carrying increased penalties.

• Jail time: The jail time range increases to 30 days to one year.
• Fines: The fine can be up to $4,000.
• License suspension: The license suspension period is extended to six months to two years.
• Mandatory IID: Texas law typically requires the installation of an IID on your vehicle for a second DUI offense.

Third Offense

A third DUI offense is a third-degree felony under TX law §49.09, with significantly harsher consequences.

• Prison time: Prison time ranges from two to ten years.
• Fines: Fines can reach up to $10,000.
• Permanent revocation risk: You face the risk of permanent driver's license revocation.

Court Programs in Floyd County

It is important to note that the availability of diversion programs, drug court, or DUI court in Floyd County may be limited due to its rural location and smaller population. Contact the court or your attorney to inquire about available programs. Community service opportunities may be available through local non-profit organizations.

What to Bring to Court

When attending court in Floyd County, it is important to bring the following items:

• Photo ID (driver's license, passport)
• Court summons or any official notices you have received
• Any documentation relevant to your case (e.g., proof of insurance, vehicle registration)

It is also important to dress professionally when appearing in court. Avoid wearing casual clothing such as jeans, t-shirts, or shorts. Business casual attire is generally appropriate.

Local Court Procedures

Given Floyd County's size and rural setting, the court procedures may be less formal than in larger metropolitan areas. As the County Judge, Marty Lucke, is a Constitutional County Judge without a legal background, the court procedure will be less formal for misdemeanor cases in the Floyd County Court. Be prepared for a more relaxed atmosphere. If you disagree with the result, you have the right to a new trial in the appellate court. The 110th District Court, however, is a formal court with stricter adherence to legal procedures.

Filing deadlines are strictly enforced in both courts. The 110th District Court is fully integrated into the Texas eFile system, while the Floyd County Court may have different filing procedures. Contact the County Clerk or District Clerk for specific instructions.

Frequently Asked Questions

• Where do I request my ALR hearing after a DWI arrest in Floyd County? You must request an ALR hearing through the State Office of Administrative Hearings (SOAH). While the arrest occurred in Floyd County, the hearing will be handled out of Lubbock.
• Does Floyd County have a specific DUI court program? Due to its rural nature, Floyd County may not have specialized DUI court programs. Contact the court or your attorney to inquire about available options.
• Who do I contact to find out where my vehicle was impounded after my DWI arrest in Floyd County? Contact the Floyd County Sheriff’s Office (if they made the arrest) or Floydada Towing (if the arrest occurred within Floydada).

Sources

• Floyd County Sheriff's Office
• Texas Statutes - Penal Code - Section 49.04. Driving While Intoxicated
• Texas Statutes - Penal Code - Section 49.09. Enhanced Offenses and Penalties