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Austin DWI Lawyers

• Allen, Kucera & Moore:
  1. Don't wait - call a lawyer immediately.
  2. Don't talk to police investigators or anyone else.
  3. Write down all the facts about your case.  You might forget important facts by the time your case goes to court.
  4. Fight to save your Drivers License!  Demand an ALR (Driver License) hearing immediately.  DPS (Department of Public Safety) says you must request a hearing within fifteen (15) days of your arrest or you lose your license without any hearing.  Read the wording on the "Notice of Suspension".
  5. Have an experienced lawyer review and evaluate the facts.
  6. Know your rights. Were your rights violated?
  7. Get all available police reports. Any mistakes?
  8. Find out if the breath test (or blood) was legal or reliable. Get all breath machine test records.
  9. Check for illegal arrest.
  10. Prepare for court.  Find out what to do and say.  Know what to tell the judge. Know your defenses.  Know the law.
  
• Bass & Smith: Under Texas law a person commits a criminal offense if he or she (1) drives or operates a motor vehicle (2) in a public place (3) while intoxicated.
  
  1. What is the difference between driving a motor vehicle and operating a motor vehicle?
  
  Everyone knows what it means to "drive" a motor vehicle. But a person can be guilty of DWI even if he or she is not actually driving an automobile. Under Texas law, a person is deemed to be "operating" a motor vehicle if the person is exerting any control over the vehicle. Thus, an intoxicated person who is parked on the side of a public roadway with the engine of the vehicle still running may be guilty of DWI even if the transmission of the vehicle has been moved into the parked position. Having turned the engine on, so the argument goes, the person continues to exert control over the vehicle until the engine is turned off.
  
  2. What is considered to be a public place.
  
  Under Texas law, "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Thus, under Texas law, a person who, while intoxicated, "operates" a motor vehicle in the parking lot of the apartment complex where he or she resides has committed the criminal offense of DWI.
  
  3. When is the driver or operator of a motor vehicle legally intoxicated?
  
  The driver or operator of a motor vehicle is deemed to be legally intoxicated if:
  
  (1) he or she does not have the normal use of his or her mental or physical faculties by reason of the consumption of (a) alcohol, or (b) a controlled substance, or (c) a drug (including prescription or over-the-counter medications), or (d) any combination of 2 or more of substances a, b, or c, or (e) any other substance;
  
  OR
  
  (2) he or she has an alcohol concentration of at least .08 grams of alcohol in (a) 210 liters of his or her breath, or (b) 100 milliliters of his or her blood, or (c) 67 milliliters of his or her urine.
  
  Under Texas law, a person may pass a breath test or a blood test and still be convicted of DWI if, while the person was driving or operating a motor vehicle, the person, because of a prescription medication, an over the counter medication, or ANY OTHER SUBSTANCE, did not have the normal use of his or her mental or physical faculties.
• T.J. Biczo: DWI is a serious offense, and you need an experienced attorney on your side.
• Betty Blackwell: As with any criminal offense, DWI charges carry different consequences based on the situation. For example, if its your first alcohol-related offense and you fail a breath test or blood alcohol test, yourdrivers license will be suspended for 90 days. If you refuse to take one of these tests, the suspension increases to 180 days. That is why its so important that you contact askilled Texas DWI attorneywith comprehensive knowledge of the Texas state laws regarding drunk driving charges. FIRST OFFENSE Even a first-time offender faces serious penalties. Conviction carries a possible two year probationary sentence, up to a $2,000.00 fine and the possibility of an additional license suspension of up to one year. In addition to being expensive, probation remains on your record forever, without any hope of expunging, or sealing, of that record. REPEAT OFFENSES If this is your second DWI offense, the punishments are even harsher. Following the initial arrest, Texas state law requires that the repeat offenders vehicle be equipped with an interlock device, which you must blow into each time you want to start your car. It will not start if any alcohol is detected. A conviction carries mandatory jail time even if probation is granted, and up to a two year suspension of your drivers license. As of September 1st, 2005 Texas DWI laws become even more severe. Dont be left to defend yourself against your serious DWI charge alone.
• David Botsford: You should consult an attorney for individual advice regarding your own situation.
• Bratton Firm: In order to help police officers effectively determine the BAC of drivers stopped for DUI, the National Highway Traffic Safety Administration (NHTSA) developed a Standardized Field Sobriety Test (SFST) battery in 1981. The SFST is composed of the following three tests: 1. HGN 2. Walk-and-Turn (WAT) 3. One-Leg Stand (OLS) Presently used in all 50 states, the SFST battery has become the standard in most law enforcement agencies for making DUI determinations and arrests. In fact, research sponsored by the NHTSA to reevaluate the accuracy of the SFST battery in 1998 confirmed that the combination of the three standardized tests increases the accuracy of an officer's BAC estimates and results in more DUI arrests.
• Bristol Meyers: Oftentimes being thorough means asking the questions nobody wants to answer. You need to know that if you're under arrest or investigation, the police and prosecutors are not your friends, and they're not my friends either. Many other criminal defense lawyers began their careers as prosecutors, working hard to put people on probation or into jail or prison. They advertise this fact as if it's a good thing, implying that they have better relationships with the prosecutors and can "get you a better deal." But what happens when aggressively fighting your case means your lawyer has to play hardball with an "old friend" from the prosecutor's office? Can you really be sure YOUR best interests are being zealously represented? Are those tough questions going to be asked?
• Frank Bryan: There is no substitute for jury trial experience. Jury trial experience gives an attorney a sense of what a jury would do under a set of specific circumstances. This perspective is invaluable to a person charged with a criminal offense. You would not likely choose a surgeon who has performed few surgeries to operate on you. In the same way, it is important to hire a skilled trial attorney to be your advocate with a jury.
• Buford & Gonzalez: Often times a Drunk Driving charge will bring with it charges for a related traffic crime such as reckless driving or vehicular manslaughter. There is an entire body of law that regulates the operation of motor vehicles on the streets and highways. The laws related to operating a vehicle can be difficult to interpret and apply. It is important to contact an experienced DUI lawyer if you have been charged with a Drunk Driving related traffic crime.
• Oscar Buitron: You should consult an attorney for individual advice regarding your own situation.
• Austin DWI Attorney: POSSIBLE PUNISHMENTS CIVIL COURTS If convicted of a DWI offense for the 1st time the Department of Public Safety seeks to suspend the driver's license for no less than 90 days and no more than a year. If this is a second alcohol related incident, the DPS will seek license suspensions of no less than one year. CRIMINAL COURTS If this is a first time arrest for DWI, it will be classified as a Class B misdemeanor. The punishment range for a Class B DWI is not less than three (3) days in jail and a two thousand dollar ($2000) fine. As with DUI, alcohol education classes, community service, probation and court costs are all possibilities when facing a DWI conviction. In addition, according to recent Texas laws, the DPS is required to collect a surcharge from individuals convicted of a DWI. For those who either did not provide a sample or provided one of 0.15 BAC or less the surcharge is $1,000 per year for three years. For those who had a 0.16 BAC or higher the surcharge is $2,000 dollars per year for three years. To make sure you are as educated as possible have a defense attorney inform you of how to build a strong defense.