Austin DWI Lawyers
- Lopez & Urrutia:
I was arrested for DWI/DUI and they took away my license, is my license suspended?
Yes and no. Normally, when a person is arrested for suspicion of DWI/DUI their license is taken away and they are issued a Notice of Suspension. If the person gives a breath sample (agrees to blow into the Intoxilyzer) and the result is over the legal limit of .08, that person's license will be suspended for 90 days. If the person refuses to provide a sample, their license will be suspended for 180 Days. In either case, the person has 15 days to request an Administrative License Revocation (ALR) hearing to stop the license suspension. If they don't request the ALR hearing, their license will be suspended automatically!
If I am stopped and asked to perform Standardized Field Sobriety Tests do I have to?
NO! This is still America! Last we checked you do not have to give evidence against yourself. Be polite and refuse to do any Standardized Field Sobriety Tests as well as Breath or Blood tests.
How long should I wait to hire an attorney?
You shouldn't! Texas law requires that a request for an ALR hearing be made within 15 days from the date of your arrest to keep your license from being suspended. If you do not hire an attorney and a hearing is not requested, you waive the opportunity to fight the license suspension.
Is there any benefit in requesting an ALR Hearing?
Definitely. In addition to fighting to keep your license from being suspended, an ALR hearing is usually the first opportunity we get to question the arresting officer prior to trial. Not only do we get valuable discovery that will help us prepare for your case, we can "tie down" the officer to his story and he can't change it later.
If my license is suspended because of a DWI, is there a way I can get a license to drive to work?
In most cases, we can request an Occupational Driver's License that will allow you to drive to and from work or perform duties essential to your job.
An Important tip: If you are ever stopped and you've had a drink, remember that everything you do will be scrutinized later. From the moment the police officer gets behind you and decides to pull you over, your driving, how you hand him your driver's license and insurance (i.e. if you fumble for it), to how you exit the vehicle, will be dissected for signs of intoxication. If you are arrested and placed in a patrol car, the camera will be on you all the way to the station. So even if you're nervousÑand who wouldn't beÑdo your best to stay calm, be polite and refuse to perform any standardized field sobriety tests or give a sample of your breath or blood. Drink responsibly, but if you are accused of DWI, contact us immediately.
- Lowe, Kyle:
With over 4,000 Austin DWI arrests each year, police officers are bound to make mistakes every now and then. Experienced DWI lawyers have the knowledge and skills to identify these common mistakes and use them to help you in your DWI case. Most lawyers can tell you about some of these common DWI mistakes.
First, DWI officers will commonly infer that erratic driving behavior is directly correlated to alcohol consumption. However, this is not always the case. In some instances a DWI lawyer can show that erratic driving may have been from reaching for a cell phone, or iPod, rather than intoxication. Similarly, DWI lawyers can sometimes prove that the smell of alcohol on a defendant is not from the consumption of alcoholic beverages, but rather from something benign like mouthwash or from a spilled beverage. Mistakes like these may give the DWI officer faulty probable cause to arrest you for a DWI. Remember, that if you are being falsely accused, the field and breath tests are not designed to prove your innocence. Taking these tests will not un-arrest you, but rather go towards showing that you are guilty of a DWI in Austin, Texas.
Another common mistake by DWI officers is improper administration of the Standardized Field Sobriety Test (SFST). An experienced DWI lawyer in Austin is well versed in the proper standards and techniques for administering the SFST test as any deviation from these standards could invalidate the results of the test and help your case. For example, there are a surprising number of individuals who cannot pass these tests without ANY alcohol in their systems. As such, DWI officers are required to identify and disqualify persons who cannot physically pass the SFST. Additionally, most DWI lawyers in Austin will tell you that proper administration of the SFST test requires that the officer remove all distractions such as flashing lights, loose gravel or debris on the road, or environmental factors like wind gusts or wet conditions.
There are many other SFST standard practices that good DWI lawyers understand. Improper instructions, during both the instructional or administrative phase, as outlined by the NHTSA manual, can compromise the validity of a SFST test. Further more, administering the SFST tests in the improper order, as designated by the NHTSA, can compromise the validity and strengthen your position to mitigate or avoid penalties associated with your DWI arrest in Austin, Texas.
- Lusk & Evans:
If you are convicted of drunk driving (DWI), you face additional penalties, including:
- Loss of Your Driver’s License
- Court-Ordered Alcohol Education & Treatment
Police, prosecutors, and judges throughout Texas do not consider drunk driving to be a minor traffic offense; they consider it to be a serious criminal charge. You need a serious and experienced DWI attorney to represent you.
Misdemeanors and traffic offense charges are just like any other criminal case in that the State is required to prove your guilt beyond a reasonable doubt.
- Steven Lee:
Austin, Texas Driving While Intoxicated and
Drunk Driving Penalites Document Actions
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If you have been arrested for a DWI in Austin, Georgetown or San Marcos,
Texas and have not yet hired an attorney, you need to read the
information below to understand the possible penalites of this arrest,
including jail time, fines, court costs, driver's license surcharges and
probation fees.
Driving While Intoxiced ( DWI ), will be treated by the courts in Texas
as a felony or a misdemeanor depending upon the circumstances of the
case, and the prior conviction record of the accused.
DWI, when a first offense, is a Class B Misdemeanor in the State of
Texas. The applicable Texas Penal Code section provides that "A person
commits an offense if the person is intoxicated while operating a motor
vehicle in a public place."
Jury trials are available to those accused of DWI in Texas. In order to
gain a conviction, the prosecutor must convince all jurors of the
defendant's guilt beyond a reasonable doubt. To do so, a prosecutor must
prove that the defendant, on or about a particular date was:
1. Operating a motor vehicle 2. In a public place (street,
highway, beach, parking lot, etc) 3. In a particular county -
While intoxicated
The Texas legislature has specifically defined the term "intoxication"
as it relates to DWI cases. There are two (2) definitions:
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. The law allows for
intoxication by way of any intoxicating substance. It is no
defense that the intoxicating substance was a prescribed drug;
if any substance, legal or illegal, deprives a driver of the
normal use of mental or physical faculties, the case may be
prosecuted.
Texas DWI Charges
DWI / DUI charges are an ever increasing fact of our society today.
Several organizations continue to help our law makers increase the
penalites and regulations. The penalties range from mandates for longer
driver's license suspensions for citizens who have not been convicted
of a crime, to mandatory jail sentences, to permanent, lifetime criminal
records, to massive financial burdens, like "keep your driver's license"
surcharges in excess of $1,000.00 per year for three years for anyone
convicted of DWI, even a first time offender.
We are also seeing a dramatic increase in the number of DWI Task Forces
and Enforcement Teams emerging throughout Texas and the rest of the
United States including Austin Police Department forming there own DWI
Enforcement Team. These task forces are often federally funded and the
officers themselves are required to make arrests in order to keep the
funding available.
These and many other factors make it vitally important to hire the right
lawyers to defend you. We have seen countless cases where people did not
put much thought into who they hired or the result they got. Most of
these people simply pled guilty and received a probated sentence. Later,
sometimes years later, they got stopped, the officer smelled what he
believed was alcohol on their breath and, after running their license,
saw they had a prior conviction for DWI / DUI. Rather than seriously
considering and determining whether the person was in fact intoxicated,
the officer simply arrested them. And thus started their second foray
into our criminal justice system with all its attendant bond postings,
driver's license suspensions, installation of ignition interlock
devices, court appearances, and trials to the court or jury.
The web of red tape and numerous proverbial hoops to jump through is
mind-boggling even to less experienced lawyers, much less the poor
citizen who has just been arrested. Having a working knowledge of both
the specialized area of DWI / DUI law and the numerous methods employed
by law enforcement in field sobriety testing is an absolute necessity.
We have that working knowledge, often more so than the arresting
officers themselves.
You need to think before you hire your lawyer. Obviously, you would not
hire a general practitioner to perform brain surgery. Why, then, would
you hire anyone but a lawyer who is both experienced and knowledgeable
for your criminal charge? After all, we are only talking about your
future. Texas DWI Penalties
DWI First Offense: A first-offense conviction includes a fine not to
exceed $2000.00 and/or the possibility of serving jail time from 3 days
to 180 days, and a driver's license suspension of 90 to 365 days. (Class
B Misdemeanor)
DWI Second Offense: The punishment range increases to no more than a
$4000.00 fine 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)
DWI Third Offiense: Here you may receive a fine up to $10,000.00 and/or
2 to 10 years of imprisonment, and suspension of your driver's license
ranging from 180 days to 2 years. (3rd Degree Felony)
DWI with an open alcohol container (First Offense): In addition to the
penalty referenced above there is a minimum of 6 days in jail and a fine
of no more than $2000.00 (Class B Misdemeanor)
DWI with an accident where serious bodily injury occurred as a proximate
cause of the intoxication: This crime is called "intoxication assault,"
and upon conviction you may serve a minimum of 2 years and up to a
maximum of 10 years in jail. Additionally, you may have to pay a fine up
to $10,000.00 (Third Degree Felony)
DWI where a death has occurred as a proximate cause of the intoxication:
this crime is called "intoxication manslaughter." Upon conviction you
may have to pay a fine up to $10,000.00 and/or be imprisoned from 2 to
20 years (Intoxication Manslaughter or Manslaughter with use of Deadly
Weapon are both 2nd Degree Felonies)
| Should I refuse to take a breath test? |
The simple and most direct answer is, yes. Obviously, if you do not take a breath test, the prosecution will not have that evidence to use against you. Additionally, even if you take the breath test and pass, you will not be released. Keep in mind that by the time the officer asks you to submit to a breath test, you have already been arrested and you are on your way to the booking desk whether or not you take the breath test. The point is you cannot do yourself much good by taking their test, unless you are virtually certain you will pass.
With that said, however, there can be serious consequences for refusing. The political activist group, Mothers Against Drunk Driving (MADD), and all its various Political Action Committees (PACs), have been extremely successful in pushing stringent legislation through the legislative branch of government in most states, especially Texas. And, it seems we are headed for the days when a breath test refusal will automatically result in a driver's license suspension without the benefit of a hearing (a little thing we call Due Process). The collateral consequences for a DWI are very serious, affecting the rest of one's life in some cases, and seem to be getting more devastating following each legislative session.
| What happens if the police did not read me my rights when they arrested me? |
The police are not required to read you your rights unless they want to talk to you once you are in custody. Everyone has heard of the "Miranda Rights." This phrase comes from the case of Miranda v. Arizona, where the United States Supreme Court stated that before a law enforcement officer can question a person who is in custody, they must tell them their rights. From this case came the paragraph everyone hears on television and in the movies: "you have the right to remain silent; anything you say can and will be used against you at your trial; you have the right to a lawyer; if you cannot afford a lawyer, one will be appointed; you have the right to terminate the interview at any time; do you understand your rights?" The case of Miranda v. Arizona dealt with confessions and not arrests. So, it is not necessary for the police to read you your rights at the time of arrest. That is just something that can, and often does, happen. However, it is not a prerequisite for a lawful arrest.
| Will I be able to get my case dimissed because I was not read my rights? |
Most likely, no. As discussed above, reading your rights is not necessary for a lawful arrest. However, if you were "interrogated" (legal term with a legal definition) after being placed in "custody" (another legal term with a legal definition), your statements may not be admissible at your trial, which can lead to a dismissal of your case.
You have the best chance of avoiding jail by hiring an experience Texas criminal defense lawyer.
| How long will a DWI be on my record? |
For the rest of your life, unless you receive a pardon from the governor or the legislature changes the laws regarding the expunction of records.
| Do I have to do the sobriety tests the police make you do? |
No. A police officer cannot require you to perform any sobriety test, including taking the breath test. Most police officers, however, do not tell you that you do not have to perform their physical sobriety tests. They will simply order you to follow their instructions, leading you to believe you have no choice in the matter. You do have a choice.
| I have prior DWI's, what will happen? |
A third DWI is most likely a felony and you could spend up to 10 years in prison and receive up to a $10,000.00 fine. As long as at least one prior DWI was committed within ten years of the commission of the current DWI, you can be charged with a felony DWI. If all of your prior DWI's are ten years old or older, then the priors cannot be used against you for purposes of enhancing your current DWI to a DWI second offense or a felony DWI.
| I lost my Texas license due to a DWI. May I obtain a license in another state? |
In most cases, no. Most states follow an interstate compact or, agreement among states, to honor the license suspensions of other states.
- Louis Leichter: Criminal law and the multitude of issues which surround an arrest, indictment, trial conviction, plea agreement, probation, jail time or a final conviction weigh heavily upon an administrative agency’s decision to pursue misconduct charges. In many cases the decision is directed by statute and the misconduct, suspension or revocation proceedings following a criminal conviction are required as a matter of law. Therefore, when a licensed professional is facing criminal charges it is imperative that they hire representation who is familiar with criminal practice and procedure as well as the repercussions that a given plea agreement or even trial could have on their license. In many instances certain convictions, whether for deferred adjudication or straight community supervision, will require a mandatory suspension or revocation of the licensee’s license. Some agencies require, upon a conviction for specific offenses, that the license is to be revoked unless the licensee can make a showing that it is in the best interest of society as well as the licensee that they maintain the license. For obvious reasons, it is imperative that a licensee charged with a state or federal offense seek professional counsel to assist in decision making and explain the ramifications a charge or plea agreement may have upon licensure renewal, application or the filing of misconduct charges. Drug offenses and violations of the Health and Safety Code allow for, and often require, some of the stiffest administrative and civil penalties upon a professional or health care license. Moreover, fraud is often associated with the unlawful possession or obtaining of prescription drugs. Therefore, it is imperative that a licensed professional seek immediate criminal representation to assist in the pretrial planning and proactive strategies that should accompany an arrest or indictment. After being arrested for DWI, Possession of a Controlled Substance, Family Violence Assault, Allegations of Fraud or Drug Diversion, professionals often hide and tend to ignore the problem thinking “they can’t do this to me.” This is often the worst approach that a licensed professional can make as valuable time is wasted which should be utilized preparing a defense or assembling and developing mitigation evidence.
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