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Austin DWI Lawyers

1. Peek & Toland: Texas Drunk Driving Defense (DWI) In many cases, a personÕs first or only arrest will be for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). DWI is an equal opportunity offense that affects underage drinkers, college students, tradesmen, white collar professionals, millionaires and retirees alike. What all these people have in common is the need for a lawyer experienced in ALL aspects of DWI defense. This training deals exclusively with the investigative techniques the police use in the detection of a person who is under the influence of alcohol. Few lawyers go to this length to understand the prosecutionÕs case, but when it comes to presenting your defense, a thorough knowledge of the proper police procedures that should have been taken is critical. A detailed analysis of the police reports, video tapes, field sobriety tests and potential breath/blood test results in your case is just the first step toward defending your rights and challenging the charges against you. You NEED and DESERVE an attorney with this level of training and experience on your side! WHY IS THIS IMPORTANT? As you may already know, a DWI or drunk-driving charge can have very serious consequences for your future. If convicted of DWI, you may face: * Jail time * Substantial fines * Community service hours * Probation fees * Ignition interlock device installed on your car * Inpatient or outpatient drug and alcohol counseling * Surcharges by the Texas Department of Public Safety of up to $2,000 per year for three years just to maintain your driving privileges, and/or suspension of your driverÕs license * Substantial increase in the cost of your motor vehicle insurance * Loss of employment opportunities and ability to lease property due to a criminal conviction on your record DRIVERÕS LICENSE SUSPENSION Quite often, the most devastating of all these potential consequences is the loss of the ability to drive. For most people, a vehicle is an absolute necessity in their daily lives. A driverÕs license suspension or revocation can affect your ability to get to work, to school or to drop off your kids at daycare and other activities. The negative consequences of a suspension of a Commercial DriverÕs License (CDL) for professional drivers are even more potentially devastating. Our office can make certain that your rights and driving privileges are adequately defended, both in court and before the Department of Public Safety (DPS). If you have been arrested and/or charged with DWI and are determined to find an experienced lawyer willing to investigate your case and provide you with a quality defense, call (512.474.4445) to schedule an immediate, free consultation. Underage DWI (DUI) In Texas, if you are a minor and have Òany detectable amount of alcohol in your systemÓ while driving a motor vehicle, you may be charged with ÒDUIÓ (Driving Under the Influence.) This is a zero tolerance law set up solely for people under the age of 21. Specifically, a DUI is classified as a Class ÒCÓ misdemeanor. This means that you cannot receive jail time, but can be charged a fine of up to $500.00 for a first offense. Along with the fine, a term of probation may be imposed coupled with community service, alcohol awareness classes and a suspension of your driverÕs license. For subsequent offenses you can receive even longer terms of probation, an extended license suspension and, in some cases, jail time. The Texas Department of Public Safety will typically issue a notice of suspension and try to suspend your driverÕs license in the majority of these cases. This license suspension is the same Civil administrative license revocation ÒALRÓ process that is used in adult DWI cases. This suspension is in addition to the previously mentioned suspension possibility. To sum up, if you are under 21, you are not allowed to drink any alcohol, even under a legal exception, and then drive a car. If an officer testifies that he or she merely smelled an alcoholic beverage on your breath during a traffic stop then you can be cited for DUI. This is true even if the officer feels that you were both below the .08 legal limit and had not lost the normal use of your mental/physical faculties. The penalties for DUI are different than those for DWI, but are still severe and can cause many long term negative effects on you and your future. If your DUI case is mishandled, it can have terrible long-term effects on your criminal record and can cause a lengthy driverÕs license suspension. These cases must be taken seriously and resolved with both short-term and long-term protection in mind. If properly handled, the entire record of your arrest may be expunged in the future, thereby removing any trace from your record. DWI Defense DriverÕs License Suspension If you have been arrested for DWI, you now face two distinct legal problems. The first, criminal prosecution for DWI, is obvious. What is not so apparent is the second issue: possible suspension of your privilege to drive in Texas. This is an immediate concern for most people and must be dealt with properly, to best protect your privilege to drive in Texas. What is Administrative License Revocation? An Administrative License Revocation action, or ÒALRÓ for short, is a civil administrative proceeding against your driving privileges by the Texas Department of Public Safety. It is triggered if you either 1.) refused to submit to breath or blood testing when requested by an officer, or 2.) failed a breath or blood test. Was I Informed About This When I Was Arrested? When you were arrested for DWI, the officer should have asked you whether you wanted to submit to providing a specimen of your breath or blood. You should have also been advised of your right to take or refuse the offered test and had the consequences of each choice explained to you. You should also have been served with a Notice of Suspension of your driving privileges at the time of your arrest. This fairly complicated form outlines your rights regarding the suspension process and details how you may request a hearing to challenge the proposed suspension of your license. If you were not given this form at the time of your arrest, you must act quickly to determine if the form was ever actually issued, or if there was a mistake made in your case. There is only one way to avoid the automatic suspension of your driving privilegesÉ.Request an ALR Hearing to challenge the proposed suspension. Requesting the Hearing IMPORTANT!!! An ALR suspension is AUTOMATIC, UNLESS you request a hearing to challenge the suspension WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency. If you fail to request an ALR hearing, your Texas license will automatically be suspended on or about the 41st day after notice was received. The length of your suspension will vary, depending on several factors (If you are caught driving while your license is suspended, you may be arrested and prosecuted for Driving While License Suspended, a Class B Misdemeanor, punishable in most cases by up to 6 months in jail and a maximum $2,000 fine). However, if a hearing is properly requested, NO ACTION will be taken regarding suspension of your license until after the hearing has taken place. While you may request the hearing yourself, I strongly recommend having an attorney experienced with the ALR process request your hearing on your behalf as there are several important options to consider. If you come in and hire our firm before your deadline date, we will do all the work for you towards requesting your hearing, thereby establishing your best chance at protecting your valuable driving privileges. However, if you are unable to do so, request it yourself following the instructions printed on the paperwork given to you by the police so that you donÕt waive your rights in this matter. Why is the ALR Hearing So Important? Our firm handles hundreds of these civil proceedings each year for our own DWI clients. Additionally, we are regularly retained by other attorneys throughout Texas to assist in the representation of their DWI clients, due to our extensive experience with this complicated civil process. This hearing is crucial for several reasons, including the following: 1. Your license will be suspended unless you or a legal representative attends the hearing and defends you against DPS. If the attorney for DPS cannot prove their case against you, there will be NO license suspension. 2. The ALR hearing gives you a mini-preview of the evidence in your DWI criminal case by allowing us to gain valuable discovery (like our own copy of all police reports) and ask the police officers involved in your case detailed questions about your arrest, in most cases prior to appearing in court on your DWI criminal charge. 3. The information gathered at this hearing, along with our review of any DWI videotape in your case, will go a long way towards helping us decide the most effective way to defend your DWI case. What if I Fail to Request the ALR Hearing or I Miss the Deadline? If you fail to request this hearing, your license will be suspended automatically upon the 41st day from the date you received the ÒNotice of SuspensionÓ. However, if your license is suspended due to a failure to request a hearing or a missed deadline, you may be eligible for a special permit to drive known as an ÒOccupational LicenseÓ or an ÒEssential Need LicenseÓ. Contact our office for more information on this option. Because driving is an important privilege and, for most people, a necessity of life, it is generally recommended that you always request an ALR hearing and retain the services of an experienced lawyer to protect your license, as well as your good name. DriverÕs License Reinstatement If your Texas driverÕs license is suspended for an alcohol related arrest, you may petition the Court of your county of residence, or the county of offense, for an Occupational DriverÕs License or ÒODL.Ó This document will allow you to drive for essential needs like work, school and household duties, despite your license suspension. Obtaining Occupational DriverÕs Licenses (ODLs) In order to obtain an ODL, you must file a properly completed application, as well as several other documents, with the Texas Department of Public Safety. Special proof of insurance is also required. This paperwork must be approved by a Judge prior to submission. For most ODLs, the law allows a minimum of four hours up to a maximum of twelve hours a day in which to drive, depending upon the individual need shown to the Court. If you are like most people, your driving privileges are crucial to maintaining your employment, education and lifestyle. Considering the availability of this option, there is no need to jeopardize your future by driving on a suspended license and risking additional criminal charges.
2. Gonnet, Leigh: When you are arrested for an offense, it is important that you understand the proceedings you are facing. Please remember, you are presumed innocent until proven guilty. However, what you don't know about your legal rights could hurt your case. You need and deserve an attorney who can explain all the aspects of your case and discuss what to expect from the Criminal Justice System.
3. Granger & Mueller: DWI/ DUI Possession of Drugs Assault & Family Violence Theft Occupational License Expunctions Jail Releases Bond Forfeitures No Bonds Cash or Surety Bond
4. Diaz, Tony: Criminal law, including capital murder and other serious felonies.
5. Ira Davis: As a practical matter, one drink would almost certainly not lead to a BAC of .08 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .08 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit.
6. Bart Denum: Many people, especially those facing criminal legal difficulties for the first time, are not aware of the life-long consequences a criminal matter can have for them or their loved one.
7. Dunham Law Firm: Alcohol and drug-related traffic offenses, commonly known as driving while intoxicated (DWI), are frequently prosecuted criminal offenses, and also carry with them administrative penalties. If the alcohol concentration in a person's blood, breath, or urine is .08 percent or greater, the person is considered intoxicated by law. Under some circumstances, the legal definition of intoxication is met even if a person's alcohol concentration is lower than .08 percent. Having alcohol, a drug, or a controlled substance in one's body that causes loss of normal use of mental or physical faculties also is considered intoxication. If the person is operating a vehicle, vessel, or even water skis in a public place, he or she is considered to be driving while intoxicated, which is a Class B misdemeanor. Boa ting or operating an aircraft while intoxicated also are crimes. Texas DWI Penalties for Drunk Driving Document Actions * Send this page to somebody * Print this page State of Texas DWI and Intoxication Penalties Driving while intoxicated, first offense, is a Class B Misdemeanor that is defined at Texas Penal Code ¤49.04. That provision states that, "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place". This definition sets forth the elements that must be proven to sustain a conviction. Those elements are: * The defendant, on or about a particular date * Was operating a motor vehicle * In a public place (street, highway, beach, parking lot, etc) * In a particular county * While intoxicated The Texas legislature has specifically defined the term "intoxication", as that term is used for prosecution of DWI cases {Texas Penal Code ¤49.01(2)} In addition, there are two definitions to encompass those who do or do not submit to chemical testing: 1) "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or 2) having an alcohol concentration of 0.08 or more." It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. This is designed to make our roadways safe from dangerous drivers. Typically, proof at trial is restricted to alcohol unless some statements or other indications suggest that the driver has become impaired by some other substance. Equally as important, being on prescription drugs is not a defense to a DWI prosecution. If the label suggests that ingestion will impair one's ability to operate a motor vehicle or machinery, taking such medicine and driving may subject you to DWI arrest and conviction. At trial, the State therefore may prove intoxication in three (3) different ways: * not having the normal use of physical faculties OR * not having the normal use of mental faculties OR * having an alcohol concentration of 0.08 or more The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated. Plus, intoxication must occur and be proven to occur while driving. Many other States provide for prosecution of a "lesser included" offense other than DWI (i.e. reckless driving, impaired driving, driving under the influence, etc.). Texas however has no lesser included offense of DWI. Some counties offer plea bargain agreements to other charges than DWI, but they are the exception and not the rule. Classifications and Range of Punishement for DWI Conviction DWI, 1st Offense: Class B Misdemeanor in Texas Fine A fine not to exceed $2,000. Jail Confinement in the County Jail for a term of not less the 72 hours nor more that six (6) months. Open Container If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail. Community Service Texas law mandates that a judge order not less than 24 hours nor more than 100 hours. Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision ("probation") of any confinement ordered. The general length of DWI probation is from 1-2 years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are: Drug/Alcohol Evaluation. A person convicted of DWI will be required to submit to evaluation for probability of committing DWI in the future and/or to disclose a potential problem with alcohol or drug abuse. If a problem is detected, additional terms and conditions of probation are ordered to be administered through the Community Supervision Department. Attend and complete an approved DWI Education class within 180 days from the date of conviction (Satisfying this requirement will avoid the one (1) year drivers license suspension, unless if you were a minor (under 21) at the time of the offense.) Attend and complete a Victim Impact Panel. This is a forum that presents victims of drunk drivers to address persons convicted of DWI and warn of the dangers and perils of driving while intoxicated. Work faithfully at suitable employment, commit no other crimes, remain at the same residence and employment unless notification is given to the community supervision officer, report monthly to the supervision office, pay all fines and costs in a timely manner. Pay a monthly supervisory fee. Perform a specified hours of community or volunteer service. NOTE: If convicted, you will be given an Order Granting Probation. This Order will be specific and unique to your case and fully sets forth the terms and conditions of your probation which apply to you. It is the blueprint for your probation. Additional Conditions of Probation that may be Ordered: If your case presents unusual facts (accident, alcohol problem, prior alcohol contacts, bad driving record etc.), additional conditions may be ordered. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction. Again, a specific order is given after each conviction. The following list is only a general discussion of conditions that have been imposed in some DWI cases in my experience and may not apply to you. Deep lung air device This provision requires that you install and maintain a device on any car which you intend to drive during probation. The device requires a breath sample before it will allow your car to start. Some devices require periodic breaths while driving. This condition is sometimes recommended after an unfavorable drug/alcohol evaluation during a first-offense probation, and is almost always ordered as a condition of bond on a subsequent offense arrest. Alcohol Treatment Attendance at AA or other counseling programs offered through the probation department. In extreme cases outpatient programs may be ordered. This condition is recommended after an unfavorable drug/alcohol evaluation. Consume no alcohol Most courts require that a person not consume any alcohol during probation. This provision is monitored by periodic and random urinalysis at the probation office. Some courts will not even allow a probationer to enter a bar, tavern or lounge where alcohol is sold and consumed. Confinement Again, in some extreme circumstances, the Court may order that a DWI offender serve confinement in the county jail as a condition of being granted probation. Restitution If there was an accident followed by a DWI arrest, and if your insurance company has not paid damages to the other party, restitution of any unpaid amounts will be ordered by the Court as a condition of probation. Enhanced Penalties (Prior alcohol or drug related criminal history) Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. NOTE: Texas can use prior convictions that have occurred in other states for enhancement of punishment. DWI, Second Offense: Class A Misdemeanor Special Condition for Jail Release on Bond: It is important to note that if arrested and accused of a DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain a deep lung air device on the car that the person intends to drive and operate while charges are pending. The device requires a breath sample before it will allow you to start your car. They also require periodic breaths while driving to monitor and insure sobriety. New technology has made these devices "user sensitive" so that someone else cannot blow into the device for the driver. Although this provision seems to run afoul of the presumption of innocence, Texas Courts have consistently held that such condition is necessary to protect a legitimate governmental interest in making public roadways safe for the motoring public. Fine A fine not to exceed $4,000.00. Jail Confinement in the County Jail for a term of not less than 72 hours nor more than one (1) year. Community Service Texas law mandates that a judge order not less than 80 hours nor more than 200 hours. Deep lung air device Typically deep lung devices are required for all DWI second offenders during probation. Suspension of license A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years. DWI, Third Offense (or greater): Third degree FELONY Fine A fine not to exceed $10,000.00. Jail Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than ten (10) years. Deep lung air device Deep lung air devices are generally ordered on all persons convicted of three or more DWI's both as conditions of bond and as conditions of any occupational or provisional licenses that may be awarded after conviction. Community Service Texas law mandates that a judge order not less than 160 hours nor more than 600 hours. Suspension of license A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years. Other A third conviction for DWI indicates a significant problem with alcohol to the Court or jury assessing punishment. Some type of rehabilitative treatment is therefore mandated in punishment if confinement in the penitentiary is to be avoided. In some cases an in-patient, incarceration program (Substance Abuse Felony Probation SAFP) is ordered. This program requires confinement in a State Facility for alcohol rehabilitation. After successful completion of the SAFP program, the person is then released and placed on probation for a term not to exceed ten (10) years. Another popular condition for habitual DWI offenders is a prescription for a drug named "Antabuse". This drug will make a person violently ill if any alcohol is consumed. The alcohol can be contained in mouthwash or marinated food and will still have the same effect on the user. If a person has any type of liver problems, this drug can cause liver failure and death. Texas law does not provide for any increased punishment after DWI, third offense. If a person presents a DWI, fourth offense or beyond, the typical punishment is confinement in the penitentiary from two (2) to ten (10) years without probation being granted. In some cases SAFP may be granted upon proper request and showing that it is appropriate. Intoxication Assault Third degree Felony "A person commits an offense if the person, by accident or mistake, while operating a .... motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another" {Texas Penal Code ¤49.07}. " 'Serious Bodily Injury' means injury that creates a substantial risk of death or protracted loss or impairment of the function of any bodily member or organ". Fine A fine not to exceed $10,000.00. Jail Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than ten (10) years. Community Service Texas law mandates that a judge order not less than 160 hours nor more than 600 hours. Intoxication Manslaughter Second Degree Felony "A person commits an offense if the person: 1) ...operates a motor vehicle in a public place, and... 2) ...is intoxicated and by reason of that intoxication causes the death of another by accident or mistake." Fine A fine not to exceed $10,000.00.Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than twenty (20) years. Community Service Texas law mandates that a judge order not less than 240 hours nor more than 800 hours. NOTE If a person is involved in an accident where there is risk of death or death, a mandatory blood sample will be taken for analysis and use in the prosecution of either Intoxication Assault or Intoxication Manslaughter.
8. Kris Davis-Jones: In a landmark 1969 U.S. Supreme Court case, Chimel v. California, the Court held that law enforcement officers may conduct warrantless searches of arrested individuals and their immediate surrounding areas. This rule is known as the "search incident to an arrest" exception to the Fourth Amendment's prohibition against unreasonable searches and seizures. The rationale behind this decision is that officers should be protected from the danger that an individual could reach for a concealed weapon. The rule also serves to prevent the destruction of evidence. Such searches are not only considered to be an exception to the Fourth Amendment's general requirement that officers have warrants prior to conducting searches, such searches are also presumed to be "reasonable" as interpreted by the U.S. Supreme Court in United States v. Robinson (1973). DWI is a Serious Crime A knowledgeable attorney can protect your rights. Driving while under the influence of alcohol or drugs (DWI) is a serious crime in Texas. If you are charged with DWI, you not only face criminal penalties, but also civil penalties in a separate administrative action. Under the civil law, you are subject to an administrative license revocation (an ALR). An experienced criminal defense attorney can help you fight both the criminal charge and the administrative penalties. Because there are strict time limits within which you must act, it is important that you contact an attorney immediately following your arrest. What is the legal blood alcohol limit for a DWI? In Texas, you will be charged with DWI if you are caught driving with a blood alcohol concentration of .08 or more. You may also be charged with a DWI if you are thought to be driving while impaired due to alcohol or drugs, regardless of your blood alcohol concentration. What if I fail or refuse to take the test? If you fail a blood or breath test, and this is your first offense, you will automatically lose your driver's license for 90 days. If you refuse to take a blood or breath test at the request of a law enforcement officer, you will automatically lose your driver's license for 180 days. If your driver's license has previously been suspended, you could lose your license for up to two years. However, a criminal defense lawyer can request a hearing and fight the license suspension. What are the penalties for a DWI conviction in Texas? * First Offense (Class B misdemeanor ) o Fine up to $2,000 o 3 to 180 days in jail o Loss of driver's license for up to one year o Annual fee of $1,500 to $2,000 per year for three years to keep your driver's license (DWI surcharge) * Second Offense (Class A misdemeanor) o Fine up to $4,000 o One month to one year in jail o Loss of driver's license for up to two years o Annual fee of $1,500 to $2,000 per year for three years to keep your driver's license (DWI surcharge) * Third Offense or more (3rd degree felony) o Fine up to $10,000 o Confinement for 2 to 10 years in prison o Ignition interlock device on your car as condition of bond and your occupational license o Annual fee of $1,500 to $2,000 per year for three years to keep your driver's license (DWI surcharge) * DWI with a child passenger under 15 years old (State jail felony) o 180 days to 2 years in jail o Fine up to $10,000 * DWI where serious bodily injury occurred (3rd degree felony) o 2 to 10 years in jail o Fine up to $10,000 * DWI where a death has been caused (2nd degree felony) o 2 to 20 years in jail o Fine up to $10,000 How can an attorney help me? If you are charged with DWI, you are actually fighting two separate cases: the criminal case and the administrative case. Each case has its own penalties, its own deadlines, and its own requirements. An attorney experienced in DWI defense can help you challenge both cases, do everything possible to save your license, and ensure that your rights are fully preserved.