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Austin DWI Lawyers

1. King Law Firm: * First Offense DWI * Second Offense DWI * Third Offense DWI * Fourth Offense DWI * Felony DWI * Multiple DWI * Underage DWI * Out of State DUI * DWI Accidents * Intoxication Manslaughter * Intoxication Assault * Hit and Run In the state of Texas, DWI can be charged any time an individual has a BAC (blood alcohol content) that exceeds 0.08% or if they show signs of being under the influence of alcohol and/or drugs. The penalties for DWI are very serious and have the potential to significantly disrupt your life and the life of your friends and family if you are convicted. A first time DWI offender will receive a 1 year minimum license suspension for a conviction and may also be sentenced to up to 10 years in prison, large monetary fines, community service, restitution, installation of vehicle interlock device, vehicle impoundment, DWI school, probation, parole and possibly more.
2. Hines, Ranc & Holub: Frequently Asked Questions: DWI What is the first thing I should do, now that I am out of jail on a DWI charge? Call DPS at 1-800-394-9913. Here's why. If you don't call that number and request a hearing within 15 days of being arrested, you will automatically lose your driver license on the 40th day following your arrest. Should I give a Sample of My Breath and Blow into the Machine? The short answer is no. Here's why. Advantages of Refusing to Blow: ¥ First, you prevent police agencies from getting scientific evidence of the amount of alcohol in your bloodstream. Specifically, if the breathalyzer machine shows that your blood alcohol content is 0.08% or higher, then you've just given the prosecution a lot of help in proving that you were driving while intoxicated. This is because one of the definitions of "intoxicated" depends only on your blood alcohol content, regardless of how well or poorly you were driving. If your blood alcohol content is 0.08% or higher, then you are intoxicated as far as Texas DWI law is concerned. ¥ Second, even if the breathalyzer machine shows that your blood alcohol content is less than 0.08%, you'll still probably spend the night in jail. ¥ Third, if your blood alcohol content is 0.16% or higher, the annual surcharge on your driver's license goes from $1,000 to $2,000 for 3 years. ¥ Fourth, if the breathalyzer machine shows that your blood alcohol content is less than 0.08%, the arresting officer will then probably ask for a Drug Recognition Expert (DRE) officer to examine you to see if you are intoxicated by something other than alcohol. Disadvantages of Refusing to Blow: ¥ First, your refusal to blow is admissible as evidence against you in court. The prosecution will ask the jury "why would an innocent person refuse to blow?" The logical answer to this question is that even though you knew you were innocent, you believed at the time the police asked you to blow that the test is not accurate. There's evidence to back up that belief. ¥ Second, when the Department of Public Safety seeks to suspend your license, a refusal to blow will usually result in a suspension of 180 days. But a person who blows and fails will usually (more than 75% of the time) have his or her license suspended for 90 days anyway. This is not much of a disadvantage if you are arrested for DWI for your first time, since you can usually get an occupational driver's license without much trouble, and you would need that occupational license regardless of whether you blow and fail, or refuse to blow. Advantages to Blowing: ¥ Particularly if you are arrested for DWI for the first time, you only get the advantages to blowing if your result is lower than 0.08%. The trouble is: how will you know in advance whether your result will be higher or lower? You won't. ¥ Just the same, here are the advantages available to those citizens who can know the future: (1) if your result is lower than 0.08%, then DPS is a little less likely to ask to have your license suspended administratively; (2) if your result is lower than 0.08%, then that will weaken the State's case against you somewhat. Could I Lose My Driver's License? Yes. DPS will move to suspend your driver's license. If you blew, DPS has to prove that it is a little more likely than not that: (1) you were lawfully stopped or lawfully arrested; and (2) that your blood alcohol content was 0.08% or higher while you were driving. If you refused to blow, then DPS only has to prove that it's a little more likely than not that: (1) you were lawfully stopped or lawfully arrested; (2) that there was mere probable cause to believe you had been driving while intoxicated; (3) that you were given a chance to blow; and (4) that you refused to blow. The big difference, proof-wise, between whether you blew or not is that if you blew, DPS has a tiny bit higher burden of proof. More than 75% of the time, the Administrative Law Judge rules in favor of DPS and against you. You can request a hearing in front of a judge to challenge DPS's efforts to suspend your license.Ê But you only have fifteen days after you were arrested to request this hearing. If you wait longer, you lose the right to challenge the suspension. Can I Drive During the Suspension Period? Yes, but generally you must petition a court for an occupational driver's license. This license will permit you to drive if you prove that you have an essential need to drive. By law, you may drive no more than four hours per day, in order to go to work and school and perform other necessary household chores and duties. You may petition the court to waive the four-hour limit and request up to 12 hours in a day to drive, providing that you show an essential need. None of the information here should be substituted for an actual consultation with an attorney.
3. Robert Kiesling: If I am convicted of drunk driving can my insurance company cancel me? Yes, and many companies will do so as soon as they learn of the conviction. Others may not cancel, but will not accept renewal of your policy when it expires. That doesnÕt mean that you cannot purchase insurance, but you will probably be limited to an Òassigned riskÓ policy, and your premiums will be very expensive.
4. Willie Dasher: Being stopped and arrested for a DWI is an extremely serious matter, and even if this is your first offense, the penalties can be substantial and lasting. Penalties for being arrested for a DWI include but are not limited to: ¥ Stiff fines ¥ License suspension ¥ Mandatory attendance in an alcohol prevention program ¥ Jail time ¥ Insurance rates as much as 500% higher for a period of several years You need a well qualified lawyer to represent you and help you understand all options available to you. For instance, did you know that if you do not request a hearing within a certain prescribed amount of time after being stopped for a DWI, your license could automatically be suspended? There are many extremely important and time sensitive decisions that must be made under the guidance of experienced counsel to help protect your rights and preserve defenses you may have. If you have been charged with a DWI, do not go it alone.
5. Alan Cohen: You should consult an attorney for individual advice regarding your own situation.