Wichita County License Hearing Guide

Navigating a DUI arrest in Wichita Falls can be daunting. Understanding the local processes and key players is critical to protecting your rights. This guide provides a detailed look at the DUI landscape in Wichita County, offering actionable information to help you navigate the legal system.

The Initial Arrest: What to Expect

If you're pulled over in Wichita Falls on suspicion of DUI, remember that the initial traffic stop can quickly escalate. Wichita Falls Police Department (WFPD) policy dictates that only commissioned officers can conduct a DUI stop and administer Standardized Field Sobriety Tests (SFSTs). Even if a Community Service Officer (CSO) initiates contact, a sworn officer must arrive to conduct the investigation.

Be aware of the SFSTs: Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS). Officers are trained to follow NHTSA standards, and any deviations can be challenged. Police vehicles and body-worn cameras record these interactions, so scrutinize the footage for any errors in procedure or environmental factors that might have impacted your performance.

"No Refusal" and Blood Draws: Know Your Rights

Wichita County operates under a "No Refusal" doctrine, meaning if you refuse a breathalyzer test, law enforcement will seek a warrant for a blood draw. This process is facilitated by a 24-hour warrant capability and integrated medical blood-draw protocols.

After the arrest, officers must read you the DIC-24 statutory warning, informing you of the consequences of refusing a breath or blood test. Whether you consent or refuse, the results will be used as evidence against you. Understand that refusal leads to an automatic driver's license suspension, separate from any criminal penalties.

Impound and Fees: The Financial Burden

The financial implications of a DUI in Wichita County are significant. From the moment of arrest, costs begin to accumulate. Expect to pay a $25 Public Safety Towing Administration Fee mandated by city ordinance. Your vehicle will likely be impounded at Mike's Towing, with daily storage fees adding to the expense. These fees are non-negotiable and must be addressed to retrieve your vehicle.

The Judicial Process: Navigating the Courts

Your case will be processed through the County Courts at Law, presided over by Judges Gary Butler and Greg King. These courts take a structured approach to DUI cases, with enhanced bail schedules and intensive probation conditions, especially for repeat offenders.

The conviction rate in Wichita County is high due to the "No Refusal" policy and the reliance on blood evidence. While statewide data shows a large disparity between guilty pleas and not guilty pleas (approximately 20:1), suggesting that most cases are resolved through plea agreements, carefully consider your options.

A third DWI offense is automatically elevated to a 3rd Degree Felony and moved to the District Courts.

Administrative License Revocation (ALR): A Separate Battle

Parallel to the criminal case, the Texas Department of Public Safety (TxDPS) initiates an Administrative License Revocation (ALR) process. State Troopers often play a significant role here, and the specific "DIC" forms generated by DPS become crucial. You have only 15 days from the date of your arrest to request an ALR hearing to challenge the suspension of your driver's license. Missing this deadline results in an automatic suspension.

Recidivism and Intervention: Repeat Offender Programs

Recidivism is a major concern in Wichita County, and the system is designed to address it. If you are a repeat offender, you may be required to attend specialized "DWI Intervention" courses at Vernon College. These courses are part of the probation system and aim to prevent future offenses. Contact Vernon College at (940) 552-6291 for program details and enrollment information.

Transparency and Accountability: WFPD Oversight

The Wichita Falls Police Department publishes annual reports and racial profiling data, demonstrating a commitment to transparency. Internal affairs investigations regarding officer conduct are rigorously tracked, ensuring the procedural integrity of arrests, including DUI stops. The 2023 Annual Report indicates that 25 such cases were investigated, underscoring the importance of procedural correctness in DUI enforcement.

Next Steps: Protecting Your Rights

Your next step should be to obtain a copy of the police report and any video evidence from the WFPD. Understanding the details of your arrest, including the officer's observations and the evidence collected, is crucial for building a defense. Contact the WFPD Records Division at 901 7th St, Wichita Falls, TX 76301, or call (940) 761-7700 for information on obtaining these documents.