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Austin DWI Lawyers

1. Fox, Bruce: DWI Information Austin is the DWI capital of Texas, if not the entire country. There are more DWI arrests in Austin then in Dallas or Houston. The Austin Police Department has obtained several grants, both State and Federal, which fund the local DWI task force - a special unit of APD which concentrates in the detection and prosecution of these offenses. They regularly patrol the areas around Sixth Street, The Warehouse District, South Congress, Mopac, IH-35, Ben White and HWY 183 North. The consequences of a DWI arrest are serious, and a conviction for the offenses can be devastating, - both personally and financially. A recent article in the Austin American Statesman estimated that the cost of a first DWI arrest and conviction can be as high as $15,000.00. After arrest this includes bail, towing, and legal fees. If convicted, the expenses can include probation, fine, counseling, occupational driverÕs license, increased insurance, and a three year annual government surcharge of $1000.00 - $2000.00 to maintain your driving privileges. In addition, you could be required to perform community service or spend time in jail. Many of my colleagues advertise and would insist that you not take a breath test when offered by the arresting officer. I do not agree that one answer fits all circumstances. For instance, if you have (truly) had only one or two drinks, the intoxylizer machine could be your best friend - testing under the legal limit would be an extremely important factor in your defense. That said, I am not a big fan or believer in the accuracy of the StateÕs machine. If you have had more than two regular drinks over a two to three hour period than you might be wise to decline the test. Some of that depends on your size, and factors such as food intake and metabolism. Additionally, the breath tests are usually administered about an hour after you have been stopped. Depending on when you had your last drink this could skew the results in the StateÕs favor. Blood tests are far more accurate than breath tests. This could work for you or against you depending on the results. It is not your choice whether to give a breath or blood sample - it is the officers. Also, beware that with a blood test they can look for other intoxicants, i.e.marijuana, prescription drugs, and harder controlled substances. If you can get a licensed nurse (or phlebotomist) to the jail within one hour of your arrest, you can actually have them preserve a sample; although, IÕve never seen that done. Recently, the Austin Police Department has been seeking, and obtaining warrants to draw blood in cases where the suspect refuses to give a sample. This practice will be seriously tested by myself and many of my colleagues. Given the current political pressures on the judiciary to (over) react to the immense social problem of Driving While Intoxicated, I am not optimistic about Court intervention to stop the practice. Stay tuned! There is no universal advise to give you for dealing with the police in a roadside alcohol related encounter. If you are a gymnast, acrobat or ballerina, you may be able to pass the StatesÕ made - to - fail field sobriety tests. For the rest of us, taking these tests can be a big mistake. Personally, I suffer from numerous sport related injuries (2 torn ACLÕs) and couldnÕt pass these tests on my best day. (Please never tell an officer that you ÒcouldnÕt pass these tests if I was soberÓ). There are so many factors here I cannot list them all, but here are a few : Are you tired: wearing the wrong shoes, i.e. flip flops, crocs, or high heels (doing the tests barefoot is generally a mistake); is the terrain level and free of debris; is it cold; or hot; are you the nervous type? In many cases it is best to refuse to do these tests and take your chances in Court with a well trained advocate. One of the tests that is routinely used by the State is called the Horizontal Gaze Nystagmous test. This is a test used almost exclusively by law enforcement for the detection of intoxicated drivers. In my opinion ( and many many experts), it is based on faulty science, and poorly conducted research. The test consists of having an officer pass an object, like a pen, across your field of vision, while he or she attempts to observe the side - to - side (horizontal) movement of your pupil. The test results are generally not recorded on the arrest video. Failing this test is not good for your defense. Personally, I would not take the test. There are numerous factors that could effect the results, including passing cars (optikinetic effect), tiredness, recent head injuries, neurological problem, natural nystagmus (2-3% of the population while looking straight ahead, and no data on the percent of the population with a natural nystagmus while tracking an object). The cost of an expert to refute a failed HGN test can be few thousand dollars, however, it is rarely necessary. In almost every DWI case there is a video recording of the events leading up to an arrest. The cameras are designed to come on automatically when the officerÕs overhead (or in the grill) lights are activated. This tape is usually available to counsel in the month following the arrest. The tape is the most objective evidence in a DWI prosecution. Remember to always take the high road, be polite, and do not talk too much. Exhibiting common sense goes a long way in helping convince a Jury you were not intoxicated. DWI COURT This is an alternative to receiving a sentence from the Court, or Jury for a second or subsequent DWI charge that occurs within two (2) years of the initial charge. The terms or conditions are more intensive than a regular DWI second probation, however, the program can be completed in one (1) year, and there is no jail time to serve, or community service to perform. After an attorney has evaluated the case, and it is determined that the case will not be tried or reduced, this is a good option. The DWI cases cannot involve victims (i.e. from accidents), or be connected to another pending case (i.e. possession of contraband). The applicant cannot have a significant, or violent criminal history. Participants accepted into the program are assessed a one time $500.00 program fee. In addition, participants will be assessed a co-payment for treatment based on ability to pay. The program lasts for a minimum of twelve (12) months, and includes: 1) Outpatient group counseling three (3) times a week, for three (3) to six (6) months. 2) Individual counseling every two (2) weeks. 3) Six (6) months aftercare. 4) Judicial Oversight. 5) Case management by probation officer. 6) Alcohol/drug testing. 7) Misc. programs as needed. ALR AND THE ADMINISTRATIVE LICENCE REVOCATION HEARING This is a separate hearing/ procedure to challenge the driver licence suspension that comes with a breath/blood test failure or refusal. You must make a request for this hearing within fifteen(15) days after your arrest. You can do this by following the directions on the notice you receive when you are released from jail. If you hire an attorney prior to the fifteenth day after your arrest, he or she can make the request on your behalf. If you do not request the hearing in a timely manner, your driving privilege will be automatically suspended on the fortieth day after your arrest. For first time offenders the suspension period is 90 days for a sample failure and 180 days for a sample refusal. The suspensions are longer for repeat offenders. In either case, with some qualifications, you can obtain an essential needs driver license, also called an Occupational Driver License, to conduct your important affairs.
2. Copeland, Justin: (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. Explanation of the Law A person commits DWI if the person is intoxicated while operating a motor vehicle in a public place. DWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours. If an open container of alcohol was in the driver's immediate possession, the minimum term of confinement is six days. A second DWI is a Class A misdemeanor, with a minimum term of confinement of 30 days. A third DWI is a third degree felony. A second DWI within 5 years will cause installation of a breath test devise on the vehicle to prevent operation if ethyl alcohol is detected in the operator's breath. Intoxicated means 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 having an alcohol concentration of 0.08 or more. If the driver had a passenger who is younger than 15 years of age, the DWI is a state jail felony, instead of a Class B misdemeanor. The fact that the driver is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense. A person commits Boating While Intoxicated if the person is intoxicated while operating a watercraft. BWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours. A person commits Intoxication Assault if the person, by accident or mistake while operating an aircraft, watercraft, or motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another person. Intoxication Assault is a third degree felony. Often, the injured person will be the driver's own passenger. If the passenger or another person dies, the offense is Intoxication Manslaughter, a second degree felony. Each year, the Department of Public Safety (DPS) assesses a surcharge on the driver's license of drivers who during the past 3 years were convicted of DWI. The surcharge is $1,000 per year for 3 years. A second DWI conviction costs a surcharge of $1,500 per year for 3 years. If the driver had an alcohol concentration of 0.16 or more, the surcharge is $2,000 per year for 3 years. Driver licenses can be suspended for one year for DWI. Driving with a suspended license is a Class B misdemeanor with increased license suspension time. In addition, the DPS assesses a $250 surcharge on the license per year for 3 years. If a driver of any age refuses a breath or blood test, the DPS shall suspend the driver's license for 180 days. The suspension term increases to two years if the driver has one or more alcohol-related or drug-related enforcement contacts during the past 10 years. If a driver who is 21 years of age or more fails to pass the test for intoxication, the DPS shall suspend the driver's license for 90 days. The suspension term increases to one year if the driver has one or more alcohol-related or drug-related enforcement contacts during the past 10 years. For a driver under the age of 21 years, the suspension term for failure to pass the test for intoxication is 60 days for the first offense, 120 days for the second, and 180 days for the third. An ignition interlock device will have to be installed on the car of a person convicted of driving with a blood alcohol level of .15 or more, if the defendant is to receive probation.
3. Gill, James: What are the penalties for D.W.I.? As a general rule of thumb, the penalties for DWI are as described below: a) First offense: fine not to exceed $2,000.00 and/or the possibility of serving jail time-anywhere from 3 to 180 days, and a driver's license suspension of 90 to 365 days. (Class B Misdemeanor). b) Second offense: maximum fine increases from $2,000 to no more than $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years. (Class A Misdemeanor). c) Third offense: Fines increase up to $10,000.00 and/or 2 to 10 years of imprisonment, and suspension of your driver's license ranging from 180 days up to 2 years. (3rd Degree Felony). DWI with an open alcohol container First offense in addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00.(Class B Misdemeanor). DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication Upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. You may also be fined up to $10,000.00.( 3rd Degree Felony). DWI where a death has occurred as a proximate cause of the intoxication Also known as intoxication manslaughter. This is serious! Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies). DWI with a child passenger A person commits a state jail felony if they drive while intoxicated with any persons in the vehicle under 15 years of age. Punishment for a non-enhanced state jail felony is by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00. In some of the above minor classifications you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine. What is the Process for Defending a D.W.I.? This defense is a lengthy multi-step process. Let me break it down for you so you can better understand how this will work. Lets begin with probable cause. Each step in the process causes the case to turn for better or worse. So lets break down this process addressing each major turning point. 1. Probable Cause for a stop. For a police officer to stop you, there must be some probable cause for the stop. Usually, it is a standard traffic violation that causes the stop.Furthermore, if police believe that a crime has been committed or is in the process of being committed, they have the right to detain you further in order to complete their investigation. ¥ You do not have to do the field sobriety tests! ¥ You do not have to talk with police officers. ¥ You do have to get out of your car if asked! 2. Arrest If the police officer believes that he or she has enough evidence to make a DWI charge, then the officer will arrest and transport you to either their station house or the county jail for further tests. It is here where they conduct further testing and the breathalyzer. 3. Breathalyzer You do NOT have to take the breathalyzer!! You do not have constitutional right, but you do have a statutory right to refuse. Refusal, will deny the prosecution and the state vital evidence to their case. A very good idea. If you refuse, your driver's license will be automatically suspended and the officers will confiscate the license. However, they will give you a temporary license, a paper license, that is good for 45 days. 4. Driver's License Suspension. Since you, hopefully, refused the breathalyzer, your drivers license will be suspended. You must petition the court to grant you an "Occupational License" which will allow you to drive during the suspension period. This requires the filing of a Petition for Occupational License, hearing on Occupational License, and Order Granting Occupational License. Further, an occupational license fee of $25.00 must be paid to the Texas Department of Transportation. At the end of your suspension period, the department will return to you your license upon payment of the reinstatement fee of $125.00. 5. Administrative License Revocation Hearing Because you refused to "blow," you have a right to request an Administrative License Revocation Hearing which must be done within 15 days of your arrest. I advise that you request the ALR hearing. Since an A.L.R. hearing is civil case, we have the power to subpoena the police officer to the hearing. This is an opportunity for you to question the police officer as to the reasons he made the stop, and to test his knowledge with regards to field sobriety testing. Further, the District Attorney is not present and is not available to "prep the witness." Requesting an A.L.R. hearing increases the cost of your D.W.I. defense but it is a good idea. 6. Investigation Administrative License Revocation, copy the breathalyzer room tape, examination of the scene of arrest, interviewing your witnesses, reviewing the police report, etc. are all part of a complete investigation of your Driving While Intoxicated Defenses. If you have a good defense, then we recommend a jury trial. Investigation is part of getting prepared. 7. Plea If you have an outstanding tape, it is possible, not guaranteed to get a recommendation from the County/District Attorney that your D.W.I. charge be reduced to an obstruction of a highway charge, or reckless driving. This charge is still a Class B misdemeanor, but you can get deferred adjudication which means that, after a period of probation, the obstruction of a highway charge will be dismissed but your record will only show Deferred Adjudication or no finding of guilt. If the D.A. will not recommend a plea reduction, you can still plea to the DWI. In Travis County, the standard plea is (1) no deferred adjudication, (2) 6 months in jail probated for 2 years, (3) fine, (4) court costs, and other court imposed probationary requirements including payment to crime stoppers, drug and alcohol awareness, and community service among other items. 8. Trial If you would like to try the cause, we will likely exercise your constitional right to a jury trial. The jury will either render a not guilty verdict or guilty if the government proves their case beyond a reasonable doubt. If found guilty, punishment is usually assessed in the same manner as a straight up plea. If you are found not guilty, you are entitled to have your criminal records expunged. All documents relating to your arrest will be destroyed. 9. Expungement of Criminal Records If not guilty, please have the records expunged! Remove the alcohol related contact from your driving record. Further, you do not want any subsequent D.W.I charge or other criminal matter to reflect this charge.