TexasWichita CountyCourt Process

Wichita County Court Process

Complete guide to arraignment, court dates, plea options, and what to expect during your case in Wichita County.

Court Information

Court Process Timeline

1

Arraignment

First court appearance, typically within 24-48 hours after arrest.

What Happens:

  • Judge reads charges against you
  • You enter initial plea (usually Not Guilty)
  • Bail is set or reviewed
  • Next court date is scheduled
  • Public defender appointed if needed
2

Pre-Trial Hearings

Multiple court dates over 2-6 months where your attorney negotiates with prosecutors.

Attorney Activities:

  • Review police reports and evidence
  • File motions to suppress evidence
  • Challenge breathalyzer/blood test results
  • Negotiate plea bargains
  • Discuss diversion program eligibility
3

Plea Bargain or Trial

Most cases (over 90%) resolve through plea bargaining, not trial.

Plea Bargain Benefits

  • • Reduced charges
  • • Lighter sentence
  • • Certainty of outcome
  • • Lower costs

Trial Risks

  • • Maximum sentence if convicted
  • • Higher legal fees
  • • Uncertainty
  • • Time consuming
4

Sentencing

Judge determines penalties based on the plea agreement or trial verdict. Sentences may include fines, probation, jail time, license suspension, IID, SCRAM monitoring, and/or DUI classes.

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A attorney can make the difference between a conviction and a dismissal, between jail time and probation. They know local judges, prosecutors, and can challenge evidence that you might not even know is challengeable.

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Getting arrested for a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) in Wichita County, Texas, can be a daunting experience. The process is complex, involving multiple agencies and a series of crucial steps. Understanding the local landscape is essential for navigating the legal challenges ahead. Here's a breakdown of what you need to know if you find yourself facing a DWI charge in Wichita Falls.

Understanding Wichita County DUI Enforcement

Wichita County operates under a strict "No Refusal" policy, which means if you refuse a breathalyzer test after being arrested for DWI, law enforcement can obtain a warrant to draw your blood. This process is streamlined with a 24-hour warrant capability and medical blood-draw protocols. Key players in DUI enforcement include the Wichita Falls Police Department (WFPD), the Wichita County Sheriff’s Office (WCSO), and the Texas Department of Public Safety (TxDPS).

What Happens After the Arrest?

After a DUI arrest in Wichita County, your vehicle will likely be impounded at Mike's Towing. You'll need to contact them to arrange for its release, but keep in mind that the process often involves regulated fees. You'll also be taken to the Wichita County Law Enforcement Center at 2815 Central Freeway East for booking and processing.

The Role of Law Enforcement

The Wichita Falls Police Department (WFPD) primarily handles DUI arrests within the city limits, especially in high-density areas like Kemp Boulevard, Southwest Parkway, and the Central Freeway. The WFPD Traffic Unit is specifically trained in DWI enforcement, and they utilize Standardized Field Sobriety Tests (SFSTs) during roadside investigations. It's important to know that WFPD Community Service Officers (CSOs) cannot initiate a DUI stop; they must wait for a commissioned officer to arrive.

The Wichita County Sheriff’s Office (WCSO) patrols the unincorporated areas of the county, focusing on Farm-to-Market (FM) roads. Texas Department of Public Safety (TxDPS) troopers patrol major highways like US 287, 82, and 277. DPS arrests often involve more complex scenarios, including refusals to provide breath or blood samples, and out-of-county offenders.

Understanding Standardized Field Sobriety Tests (SFSTs)

During a DWI investigation, officers will likely ask you to perform Standardized Field Sobriety Tests (SFSTs). These tests, endorsed by the National Highway Traffic Safety Administration (NHTSA), are designed to assess your level of impairment. The three main tests are:

  • Horizontal Gaze Nystagmus (HGN): The officer checks for involuntary jerking of the eyes.
  • Walk-and-Turn (WAT): A divided attention test requiring you to take nine heel-to-toe steps, turn, and return.
  • One-Leg Stand (OLS): You'll be asked to hold one foot six inches off the ground while counting.

These tests are often recorded by police vehicle and body-worn cameras, and defense attorneys will carefully scrutinize the video for any deviations from NHTSA standards.

Implied Consent and Chemical Testing

Texas operates under implied consent laws, meaning that by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if arrested for DWI. Refusal to submit to testing can result in the suspension of your driver's license, even if you are not ultimately convicted of DWI.

If you refuse a breath test, officers in Wichita County will likely seek a warrant for a blood draw. The officer will read you a DIC-24 form, which outlines the consequences of refusing to provide a specimen.

Court Proceedings and Judges

DWI cases in Wichita County are typically heard in the County Courts at Law, presided over by Judges Gary Butler and Greg King. The conviction rate in Wichita County is high due to the "No Refusal" policy and the use of blood evidence. If you are convicted of DWI, you may face significant fines, jail time, and a driver's license suspension. A third DWI offense is automatically elevated to a 3rd Degree Felony and will be handled in the District Courts.

Administrative License Revocation (ALR)

In addition to criminal charges, a DWI arrest triggers a separate administrative process called Administrative License Revocation (ALR). This process is handled by the Texas Department of Public Safety (DPS) and can result in the suspension of your driver's license. You only have 15 days from the date of your arrest to request a hearing to challenge the ALR suspension. Failing to request a hearing within this timeframe will result in automatic suspension of your license.

Financial Consequences

The financial costs associated with a DWI conviction in Wichita County can be substantial. In addition to fines and court costs, you may be required to pay a $25 Public Safety Towing Administration Fee, plus towing and storage fees at Mike's Towing. You may also be required to attend state-mandated education courses at Vernon College, which come with tuition costs. The total operational costs associated with a DWI conviction can often exceed $10,000.

What to Do Next

If you've been arrested for DWI in Wichita County, it's important to take immediate action. Start by contacting Mike's Towing to arrange for the release of your vehicle. They can be reached at and their address is . Remember, you only have 15 days from the date of your arrest to request an ALR hearing.

Sources

Texas Penal Code

Wichita County District Court

Texas Court System

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