How Can I Get Out of Jail After a Texas DWI Arrest?

 Posted on September 17, 2020 in DWI

Driving while under the influence of alcohol or drugs is a serious offense in Texas. If you are pulled over by a police officer, asked to take a breathalyzer or field sobriety test, and arrested for driving while intoxicated (DWI), you will want to understand the types of criminal charges you may face, the potential consequences of a conviction, and whether you will lose your driver’s license. However, your first priority will likely be to find out how you can be released from custody. 

If you are arrested and booked at a local police department or a county jail, the procedures followed can be confusing, and you may not understand whether you will be required to appear before a judge or post bail before you can be released. Fortunately, by working with a lawyer, you may be able to get out of jail more quickly through an attorney writ bond.

What Is an Attorney Writ Bond?

The laws in Texas state that a person should appear before a judge within 48 hours after being arrested. At this hearing, the judge will set an amount of bail that must be posted before an alleged offender can be released. Unfortunately, delays sometimes occur, and this can leave an individual waiting in jail or police custody for several days or more until a judge becomes available. 

The process of posting a bond and getting released can take place much more quickly and easily when using an attorney writ bond. In these cases, an attorney will file a writ of habeas corpus, and he or she can pay a predetermined amount that applies for a specific offense. Unlike most hearings held before a judge, an attorney writ bond can be posted 24 hours a day, seven days a week, and it will often allow a person to be released within a few hours rather than waiting multiple days for a hearing.

Attorney writ bonds are available for most misdemeanor offenses in Texas, including DWI. However, they cannot be used for felony charges, such as a third DWI or a drunk driving offense involving an accident that resulted in serious injury or death. 

After being released on an attorney writ bond, an alleged offender will usually be required to attend a bond condition hearing, which will typically take place within 10 days. At this hearing, a judge may set certain conditions that a defendant must follow, and these conditions will be based on the circumstances of the arrest. For example, if a chemical test showed that a driver had a blood alcohol content (BAC) of .15 percent or more, the motorist will be required to use an ignition interlock device (IID) on any vehicles he or she drives. Other conditions may also be imposed, such as the requirement to submit to electronic monitoring to ensure that a person refrains from using alcohol or drugs during a period of probation.

Contact Our Frisco DWI Defense Lawyers

If you have been arrested for DWI, you will want to take steps to get out of jail as soon as possible. At the Law Offices of Biederman & Burleson P.L.L.C., we can help you get released through an attorney writ bond, and we are available 24/7 to meet your needs. Our McKinney criminal defense attorneys will provide you with a strong defense against DWI charges, helping you avoid a conviction and minimize the potential long-term consequences you may face. Contact our office today at 469-333-3333 to schedule a free consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm