Kendall County Court Process

Kendall DUI Court Process: A Step-by-Step Guide

If you've been arrested for Driving Under the Influence (DUI) in Kendall County, Texas, you're likely feeling overwhelmed and uncertain about what comes next. This guide provides a clear and concise overview of the court process you can expect in Kendall County, equipping you with the knowledge you need to navigate this challenging time. It’s crucial to understand your rights and options, and while this guide is informative, it is not a substitute for professional legal advice. Contact a qualified Kendall County DUI attorney as soon as possible to discuss your specific situation.

Your DUI Case in Kendall Court

The Kendall County court system handles DUI cases with a focus on due process and adherence to Texas state law. The process can seem complex, involving multiple hearings, potential negotiations, and the possibility of a trial. Understanding the steps involved will empower you to make informed decisions and work effectively with your legal counsel. Remember, every case is unique, and the specific details of your arrest and circumstances will significantly influence the outcome. This guide will walk you through the common stages, potential penalties, and available resources within the Kendall County court system.

Which Court Handles DUI Cases?

DUI cases in Kendall County are generally handled by the Kendall County Court. Because Kendall County has a relatively small population and is a Tier 3 county, the County Court typically handles misdemeanor cases, including most first and second-offense DUIs. More serious DUI charges, such as those involving serious bodily injury or death, may be handled in the District Court.

• Kendall County Court:
• Location:
• Hours:
• Contact Information:

Finding Your Court Date:

Your court date will typically be listed on the citation you received at the time of your arrest. You can also contact the Kendall County Clerk's office to confirm your court date and time. Be sure to have your citation number or full name and date of birth available when you call. You may be able to find your court date online via the Kendall County Public Records search portal (if available).

The Court Process Timeline

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

1. Arraignment (First Appearance)

• When it Happens: The arraignment is usually the first court appearance, scheduled within a few weeks after your arrest. The exact timing will depend on the court's schedule and the backlog of cases.

• What to Expect: At the arraignment, the judge will formally read the charges against you and inform you of your rights. This is your opportunity to enter a plea – typically "guilty," "not guilty," or "no contest."

• Entering a Plea:

• Guilty: Admitting guilt and accepting the consequences.

• Not Guilty: Denying the charges and requiring the prosecution to prove your guilt beyond a reasonable doubt.

• No Contest (Nolo Contendere): Not admitting guilt but acknowledging that the prosecution has enough evidence to convict you. This plea is often treated similarly to a guilty plea for sentencing purposes but can have implications regarding civil lawsuits.

• Getting a Court-Appointed Attorney: If you cannot afford an attorney, you have the right to request a court-appointed attorney. The judge will assess your financial situation to determine if you qualify. It's crucial to request this at the arraignment.

2. Pre-Trial Hearings

• Discovery Process: During the pre-trial phase, your attorney will have the opportunity to review the evidence the prosecution intends to use against you. This includes police reports, breath or blood test results, video footage, and witness statements. This process is called "discovery."

• Plea Negotiations: Your attorney will engage in negotiations with the prosecutor to potentially reach a plea agreement. This may involve pleading guilty to a lesser charge or receiving a reduced sentence in exchange for your plea.

• Typical Plea Deals in Kendall: The availability and terms of plea deals vary depending on the specific facts of your case and the prosecutor's willingness to negotiate. Common elements of a plea deal might include reduced jail time, a lower fine, or a shorter license suspension. Factors influencing plea deals include your BAC level, prior criminal record, and any aggravating circumstances (e.g., an accident or injury).

3. Trial (If No Plea Deal)

• Jury vs. Bench Trial: You have the right to a trial by jury or a bench trial (where the judge decides the verdict). In a jury trial, a panel of your peers will hear the evidence and determine your guilt or innocence. In a bench trial, the judge makes the decision. Your attorney can advise you on which option is best for your situation.

• What the Prosecution Must Prove: To convict you of DUI, the prosecution must prove beyond a reasonable doubt that you were operating a motor vehicle in a public place while intoxicated. "Intoxicated" means having a blood alcohol concentration (BAC) of 0.08 or higher, or not having the normal use of your mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.

• Common Defenses: Common DUI defenses include challenging the accuracy of the breath or blood test, arguing that the police lacked probable cause to stop you, or demonstrating that you were not actually intoxicated.

• Typical Trial Length: DUI trials can range from a few days to a week or more, depending on the complexity of the case and the number of witnesses involved.

Penalties for DUI in Kendall, TX

The penalties for DUI in Texas can be severe and increase with each subsequent offense.

First Offense

• Jail Time: Up to 180 days in jail.
• Fines: Up to $2,000.
• License Suspension: 90 days to 1 year.
• Other Requirements: Mandatory alcohol education classes, possible community service, and a potential requirement to install an Ignition Interlock Device (IID) on your vehicle.

Second Offense

• Jail Time: 30 days to 1 year in jail.
• Fines: Up to $4,000.
• License Suspension: 180 days to 2 years.
• Other Requirements: Mandatory alcohol education classes, community service, and IID requirement.

Third Offense

A third DUI offense in Texas is a felony.

• Prison Time: 2 to 10 years in prison.
• Fines: Up to $10,000.
• License Suspension: 1 to 2 years, with the possibility of lifetime suspension.
• Other Requirements: Mandatory alcohol education classes, community service, and IID requirement.

Court Programs in Kendall

While specific program availability can change, Kendall County may offer the following:

• Diversion Programs: These programs allow eligible offenders to avoid a conviction by completing certain requirements, such as community service, alcohol education, and counseling. Upon successful completion, the charges are often dismissed. Check with your attorney to see if you qualify.
• Drug Court: If your DUI involved drugs, you might be eligible for drug court, which focuses on rehabilitation and treatment.
• DUI Court: Some counties have specialized DUI courts that provide intensive supervision and treatment for repeat offenders. Check with your attorney to see if this is an option in Kendall County.
• Community Service Opportunities: Often assigned as part of a DUI sentence, community service allows you to contribute to the community while fulfilling your legal obligations.

What to Bring to Court

• Photo ID: Driver's license or other government-issued photo identification.
• Court Summons: The official document notifying you of your court date and time.
• Any Documentation: Any relevant documents related to your case, such as bail bonds, police reports, or correspondence with your attorney.
• Professional Dress Code: Dress respectfully. Avoid wearing shorts, tank tops, or clothing with offensive language or graphics. Business casual attire is generally appropriate.

Local Court Procedures

Important Note: This guide provides general information about the DUI court process in Kendall County, Texas. It is not a substitute for legal advice from a qualified attorney. Contact a Kendall County DUI attorney as soon as possible to discuss your specific case and protect your rights. They can provide personalized guidance based on the unique circumstances of your arrest and help you navigate the complexities of the legal system.