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Lubbock First-Offense DUI Charges

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Lubbock County prosecutors are extremely aggressive in the prosecution of first-offense DUI charges in Lubbock. An individual will be arrested for a first-offense DUI charge in Lubbock. There are no preset programs, but an individual is entitled to pre-trial diversions or other programs to get their charges dismissed.

If you are currently facing DUI charges and are seeking a robust legal defense, it is important to contact a DUI attorney in Lubbock as soon as possible. A knowledgeable attorney can help lessen or dismiss any potential penalties, such as license suspension, associated with your first-offense DUI charges in Lubbock.

Hearing of the Case

A first offense DWI is heard at Lubbock County Courthouse and is prosecuted by the Lubbock County District Attorney’s office. The only exception to that is if it is a DUIM, or driving under the influence by a minor, the difference being that is a Class C ticket.

That is handled either at the Lubbock County Courthouse in a justice of the peace precinct, depending on who gave the ticket, or at the Lubbock County Municipal Court. For example, if the Slaton Police Department arrested someone for a DUIM, it would be heard in the city of Slaton. Most DUIM tickets are given in Justice of the Precinct Four, which covers Texas Tech University. Most of the arrests issued by the Texas Tech Police Department are for driving under the influence by a minor.

Severity of the Charge

Lubbock County is extremely aggressive when prosecuting first-offense DUI cases. An individual should consult with an attorney immediately after finding out about the charge to ensure that all the facts are looked at, the issues are taken into account, and any video evidence can be observed.

With this knowledge, an individual may be able to find a way to reduce the charge to obstruction of the road, reckless driving, or something similar.

DUIs have led to a substantial amount of injuries and death over the years in Lubbock County. That is why it tends to be a focal point for the Police Department, the Texas highway patrol, and the other agencies to try and prevent any unneeded deaths and injuries.

It is also a financial moneymaker for the officers who conduct a lot of DWI work. These officers typically work the night shift, the late evening, or the early morning shift. Once the officer makes an arrest, there is a lot of paperwork involved, as well as a lot of payments.

Those officers will then be required to come to the hearing, which is often not on their regular shift. This would allow the officer to draw time and a half, double time, or some sort of compensation time. If the case goes to a hearing, they are typically conducted in the morning or afternoon.

Again, the prosecution of DUI cases is so severe due to the fact that a lot of people commit the offense, serious bodily injuries and death can occur, and an officer can potentially make extra money off of the case.

Treatment of First-Time DUIs

In Texas, the courts have little to do with the outcome of the case and the court cannot reduce the DWI case if it wanted to. It cannot tell a prosecutor to make a certain offer. If an agreement is reached between the DA’s office and the defense attorney, then the court has two choices. They can either accept the plea bargain, which they do about 99% of the time, or they can reject the plea bargain.

If they reject it, an attorney would simply withdraw all the paperwork and would proceed to trial. As far as dealing with the guilt or innocence, most of the time, the court has little to do with that.

The court does get involved when there are issues such as a motion to suppress or when the prosecution is making allegations about an illegal stop, a bad blood test, or issues with the field sobriety test. In these cases, the court must act as a referee and make a decision on whether or not the information was obtained illegally. The court can decide whether or not to allow that evidence to be used at trial for an individual’s first-offense DUI charge in Lubbock.

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