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Austin DWI Lawyers

1. Williamson, Travis: You only have 15 days to save your Texas Drivers License from being suspended After your Texas DWI arrest, you have 15 days from the date of your arrest to request a hearing with Texas Department of Public Safety's State Office of Administrative Hearings to save your Texas Drivers License from being suspended. It is very important that your The Austin DWI Lawyer request this hearing for you. This forces the State to put your DWI case faster and gives The Austin DWI Lawyers a chance to see the States case faster and question the arresting DWI officer about your case before the criminal proceedings get started.
2. Williams, Sylvia: Agreeing to field sobriety tests and breathalyzer exams is only providing the prosecution with evidence against you. DonŐt help them win their case against you! The best thing to do if youŐre pulled over and the police officer is questioning you about being intoxicated is to say nothing. Be polite and courteous, but donŐt volunteer information or think that you can talk your way out of it. You canŐt. Remember that everything you do is being videotaped by the police and can be used against you in court by the prosecution. Invoke your right to an attorney the moment you realize the officer suspects you of driving while intoxicated. Why You Shouldn't Blow Providing the police with a breathalyzer sample only provides the prosecution with more evidence to convict you. Refusing the test does not make you appear more guilty and will not cause you to face harsher penalties. It will affect your driverŐs license... The Administrative License Review (ALR) hearing is a proceeding before the Department of Transportation that is required in order to contest your driverŐs license from being suspended after you have been arrested for DWI. It is important that you be represented by an experienced attorney who can speak on your behalf and call attention to any evidentiary problems or procedural missteps taken by the arresting officer. Why You Shouldn't Blow

   Providing the police with a breathalyzer sample only provides the prosecution with more evidence to convict you. Refusing the test does not make you appear more guilty and will not cause you to face harsher penalties. It will affect your driverŐs license, but The Law Office of Sylvia Williams will work to avoid any suspension at an ALR hearing.

   What's An ALR Hearing?

   The Administrative License Review (ALR) hearing is a proceeding before the Department of Transportation that is required in order to contest your driverŐs license from being suspended after you have been arrested for DWI. It is important that you be represented by an experienced attorney who can speak on your behalf and call attention to any evidentiary problems or procedural missteps taken by the arresting officer.

   Smith, Travis: BUSINESS ORGANIZATION AND STARTUP - Corporations: For-Profit, Non-Profit, and Professional - Partnerships: General, Limited, Limited Liability, and Professional Limited Liability - Limited Liability Companies: Standard and Professional - Buy/Sell Agreements - Commercial Leases - Business/Commercial Litigation CRIMINAL LAW - Misdemeanor Defense - Jail Release - Traffic Violations - Juvenile Defense - Drivers License Suspension - Expunction, Expungement, and Non-Disclosure - Application to Revoke Misdemeanor Probation ESTATE PLANNING - Wills and Codicils - Durable Powers of Attorney - Powers of Attorney for Healthcare - Directives to Physicians ("Living Wills") - Trusts - Cohabitation Agreements - Documents Related to Same-Sex Relationships FAMILY LAW - Name Changes - Uncontested Divorce - Adoption - Emancipation - Paternity - Powers of Attorney GUARDIANSHIP AND PROBATE - Determination of Heirship - Genealogical Research to Determine Heirship - Probate of Wills and Codicils - Small Estate Affidavits - Administration of Estates and Representation of Executors / Administrators - Guardianships for Minors and Incapacitated Adults - Life Insurance Issues and Claims MEDIATION PROPERTY TAX - Personal Property Tax Disputes - Real Property Tax Disputes - Representation Before Appraisal Review Board - Property Tax Litigation REAL ESTATE - Deeds, Deeds of Trust, Promissory Notes, and Releases - Contracts for Sale and Conveyances - Leases - Homeowners/Neighborhood Association Disputes - Landlord/Tenant Disputes - Agreements for Purchase and Sale - Closings - Evictions - Finance and Development - Foreclosure - For Sale by Owner Transactions - Lien Filing and Defense - Negotiation - Ownership Determination - Tax Sale Purchases - Title Policy Review - Property Research

   Rueda, Florencia: Alcohol Related Offenses in Texas Alcohol related offenses can range from class c level offenses with no jail penalties to offenses where the penalty is a maximum of one year in jail. If you or a loved one has been charged with an alcohol related offense it is important to know your rights and the consequences of having a conviction for one of these offense.

   White & Measells: The biggest factor standing between you and a sure DWI conviction is choosing the right Austin DWI lawyer. Even if you are facing a first time conviction, you are still looking at serious penalties that can be long lasting and expensive. Besides losing your license, you could potentially await incarceration and steep fines. In some cases the state may force you to forfeit your driverŐs license. Additionally, a DWI conviction can lead to an increase in your auto insurance rates for many years following a conviction. You need to be represented by an Austin DWI defense attorney who specializes in handling DWI cases. Your lawyer must be aware of the many complexities involved in a DWI case. For instance, the results of any chemical test can be inaccurate based on your health conditions. A DWI lawyer will also attempt to invalidate the reliability and accuracy of the testing equipment. These factors could make the difference between a sure conviction and a dismissal or acquittal. ItŐs easy to get confused and make a hasty decision after you have been arrested on suspicion of drunk driving. As an established firm of DWI lawyers in Austin, our lawyers are well versed in handling DWI cases and can apply the proper interpretation of DWI laws to get the best results for your case. A DWI arrest can leave a mark on your personal and professional record for the long term. Other DWI penalties can force you to rely on public transportation in the case of a license suspension. With an established Austin DWI lawyer by your side, you can fearlessly face your DWI charges. The state of Texas has some of the strictest laws against drunk driving. If you have been charged with drunk driving, you need the expertise of an experienced Austin DWI attorney. Drunk driving entails the driving of a motor vehicle while intoxicated. Potential punishments for drunk driving include jail time, fines, suspension of your driverŐs license and other penalties. A drunk driving conviction can stain your personal and professional record for years. In the state of Texas, when a person is arrested for DWI, the prosecution assumes the burden of proving that you were over the legal limit at the time you were operating your vehicle. Your lawyer needs to be able to provide arguments that a jury will not be able to convict you of these charges beyond a reasonable doubt. The punishment range for your DWI will vary depending on any prior convictions. Your DWI attorney can also help you regain your driverŐs license through a license revocation hearing or by helping you obtain an occupational license. Having your license suspended can be harder on you than you think. The state of Texas can require you to pay steep fines once you regain your license for years down the road. Being represented by an experienced Austin DWI attorney can mean the difference between maintaining your driving rights and paying large sums to retain your license. DWI penalties in the state of Texas can increase depending on whether you have previous DWI convictions. A first time offender may be looking at a fine of up to $2,000 along with 6 months of prison time and/or up to 100 hours of community service. Subsequent offenses carry with them the promise of higher fines and more time in jail. If a DWI offenderŐs blood tests at the time of the arrest show excessively high levels of alcohol, then additional penalties may be imposed. Having an Austin DWI defense attorney on your side can mean the difference between a DWI conviction that can remain on your record for a long time and a dismissal or acquittal. Many times, an acquittal in an Austin DWI case may depend on your DWI lawyer being able to disprove the validity of your field sobriety tests. Your DWI punishment can become even more severe if you were found with an open container of alcohol in your car. Under open container laws, an open container refers to any kind of alcohol container either open or with a broken seal. According to the law, it is illegal for such an open container of alcohol to be in a vehicle where it is accessible to the driver. These provisions exclude the trunk of the car and the glove compartment.

   Ritz, Sandra: * DWI * Assault * Theft * Drugs * All Criminal DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) is considered either a misdemeanor or a felony, depending upon the circumstances of the case, the prior record of the accused and how the courts choose to pursue the case. ŇDWIÓ stands for Ňdriving while intoxicatedÓ. Pretty simple. But what is intoxicated? The Texas legislature defines the term "intoxication" as it relates to DWI cases with two separate 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. A first offense DWI is a Class B Misdemeanor and could earn you: 1. A fine not to exceed $2,000.00. 2. Confinement in the County Jail for a term of not less than 72 hours nor more than six (6) months. 3. 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. 4. Texas law mandates that a judge order not less than 24 hours nor more than 100 hours Drunk driving defense is a specialized area of the law and it is really in your best interest to have a qualified and experienced attorney on your side.

   Vasquez, Amber: DUI/DWI The laws surrounding Driving Under the Influence of alcohol/Driving While Intoxicated change often. It is important to have an attorney that understands this constantly changing area of the law. Amber Vazquez Bode is a certified Standard Field Sobriety Test Practitioner, which is the same certification obtained by law enforcement. This special training provides her with in depth knowledge of how to best defend driving while intoxicated charges in Texas. Texas imposes severe punishments on anyone convicted of DUI/DWI, with the first offense carrying up to six months in jail, $2000.00 in fines, and fees through DPS totaling at least $3000.00 over the following three years. The punishments get more severe for repeat offenders. In addition to any fines you may have to pay, or jail time you may have to serve, your driverŐs license may be suspended, even if it is your first offense. To make matters worse, many insurance companies will drop your motor vehicle coverage based on a DUI/DWI. Those companies that will insure you will only do so at a greatly increased premium. It is easy to see how important it is to protect your rights and have a lawyer that can fight to help you avoid everything that comes with a DUI/DWI conviction.

   Pace, Kiele: Q: What is an ALR Hearing? A: ALR stands for Administrative License Revocation. An ALR Hearing is the process by which a person who has been arrested for DWI can contest the driver's license suspension that is imposed for refusal or failure of the breath test. The suspension goes into effect automatically if an ALR Hearing is not requested within 15 days of the arrest. An individual can request a hearing by following the instructions provided on the notice of suspension, but it is generally best to have an attorney do it. If you have been charged with DWI, you should retain a qualified attorney as soon as possible to ensure that this and other rights are adequately protected.

   Sumpter & Gonzalez: You have been pulled over for a minor traffic violation and the next thing you know you're on the side of the road trying to take nine steps heel-to-toe and to stand on one leg. Field sobriety tests are supposed to be conducted by a police officer who has received special training to detect when a person is intoxicated. In addition to having years of experience defending against all types of criminal offenses, we have particular knowledge regarding how to defend against DWI and DUI charges because we understand these tests, how they are supposed to be conducted, and under what conditions they are reliable. We know these things because five of our attorneys have themselves undergone the same training given to those police officers who work in specialized DWI/DUI units. We are certified by the National Highway Traffic Safety Administration as Standardized Field Sobriety Testing Practitioners just like them. Because we know how hard it is to walk an imaginary line - and we donŐt think you should walk it alone.

   White, Bill: In Texas, What Makes DWI Different from DUI? All 50 states now have two statutory offenses, DUI (Driving under the influence of alcohol) and DWI (Driving while intoxicated/impaired) or OWI (operating while intoxicated/impaired). In the state of Texas, a person is legally intoxicated and may be arrested and charged with DUI/DWI with a blood alcohol content (BAC) of 0.08% or higher. However, a DUI offense only requires proof of intoxication, and drivers may be charged with DUI even if his or her BAC is under the "legal limit." There are also other ways to test for intoxication including a breathalyzer test, urine tests, and field sobriety tests such as walking in a straight line. Refusing to submit to a blood, breath, or urine test in Texas carries severe penalties. If an officer has reason to believe that a person is driving while intoxicated, and the driver refuses to submit to a test, the person's driver's license will be automatically suspended for a minimum of 90 days if the person is 21 years of age or older, and for one year or more if the driver is under the age of 21. It is a criminal offense in all states to drive a vehicle while under the influence of drugs (DUID), or under the combined influence of alcohol and drugs. In this case, you can be charged even if the drugs are not illegal and are prescription or over the counter (OTC) medications if they impair your ability to operate a motor vehicle. DUI Convictions A conviction for a DUI in Texas will have long lasting consequences. Your license may be suspended or permanently revoked, and sentences can range from $2,000 in fines, to community service or up to a year in jail. Conviction means you have a criminal record that will follow you everywhere you go. DWI Convictions A DWI charge requires only proof of BAC at the time of operating a motor vehicle. 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. In some circumstances, the legal definition of intoxication is met even if a person's alcohol concentration is lower than .08 percent (as in DUI). Having alcohol, a drug, or a controlled substance, including a prescription or over the counter (OTC) drug that impairs your mental and physical faculties is also 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. Also, it is a crime to be intoxicated while boating or operating an aircraft. The minimum amount of jail time for driving while intoxicated is 72 hours, unless there is an open container of alcohol in the person's possession, in which case the jail time is at least six days. Consuming any amount of alcohol while operating a motor vehicle also is an offense. In addition to jail time, if you are convicted of DWI, your first offense will results in your driver's license being suspended to no less than 90 days and in some cases one year. If you are not convicted, but you tested positive on the blood, breath, or urine test, your license will automatically be suspended and you may be required to complete a class people for drunk drivers to learn about . A person who fails to complete such a program when sentenced to do so may lose his or her license. A subsequent DWI conviction will result in driver's license suspension for another 18 months. In order to get the license back after the suspension period is over, the person must pay $100. DWI with a child passenger: If a person drives while intoxicated while there is a minor under the age of 15 in the car, they are guilty of a felony. Jail sentences range from 180 days to two years and may include penalties up to $10,000.00. DWI with an accident where serious bodily injury occurred: This crime is a 3rd degree felony called "Intoxication Assault." If convicted, you may serve a minimum of 2 years in jail, with a maximum sentence of 10 years. Fines up to $10,000.00. DWI where a death has been caused: In the case where your drunk driving has caused a death, you will be charged with Intoxicated Manslaughter. Intoxicated Manslaughter and Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies. Those convicted can be sent to prison for a minimum of 2 years, with a maximum sentence of 20 years. Fines up to $10,000.00.

   Torrez, Jo Ann: Some traffic tickets such as those for speeding and DUI are treated as criminal offenses in Texas, requiring a mandatory court appearance. While the required signing of such a traffic ticket is not an admission of guilt, your first action should be to contact a criminal defense attorney immediately in order to properly address the situation before it becomes worse.

   Shefman, Lenore: If you have been arrested or charged with DUI or DWI you may be able to negotiate court dates, penalties, drivers license suspension time, work related driving privileges, or dismiss the charges entirely depending on the facts and evidence in your case. You only have fifteen days to schedule Administrative License Suspension Hearing following a DWI Arrest (probable cause) (Miranda) You have been arrested. Either the officer told you that you were under arrest or placed you in hand cuffs and put you in the police cruiser and took you to the station. Was the arrest lawful? If the police officer witnessed you driving in a manner that warranted pulling you over or for some other legal infraction, smelled alcohol on your breath, administered field sobriety tests (or if you refused these tests) a breathalyzer test and were over the legal limit of .08%, you will be or were placed under lawful arrest. -The officer must have witnessed your violation of the law. -The officer must have had probably cause to stop and detain you. The significance of an arrest being lawful is the officers observing and protecting your constitutional rights. Was the Miranda warning read? The U.S. Constitution provides in the Fifth Amendment the following: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use, without just compensation." The Fifth Amendment was interpreted in a U.S. Supreme Court case, Miranda v. Arizona (1966) 384 U.S. 436. The Miranda court held, once in police custody, you must be told, in order to protect your rights, the following: 1. You have the RIGHT TO REMAIN SILENT 2. ANYTHING you say CAN AND WILL BE USED AGAINST YOU in a court of law 3. You have the RIGHT TO AN ATTORNEY 4. If you cannot AFFORD an ATTORNEY, ONE WILL BE APPOINTED FOR YOU. The police begin by questioning you and this usually takes place prior to arrest. Any answers you have provided to the police will be considered voluntarily given. Until you have been placed under arrest Miranda rights are not invoked. If once you have been placed under arrest without the reading of your Miranda rights, your statements are considered involuntary and may be thrown out of the case. Booking Those who arrested for driving while intoxicated (DWI) or driving under the influence (DUI) are booked. You may not have been booked at the time of your arrest. You know you have been booked when they have fingerprinted you, taken your photo, searched you, confiscated your property and put you in a holding cell. * The police may require you to get booked prior to your first court date (the arraignment). Bail This is an assurance to the court that you will appear for your hearings. If you fail to appear, you will forfeit your bail. This amount of your bail is set by a bail schedule and is based on your violation. The more serious the crime the greater the bail. Also, a past criminal conviction will likely increase the bail amount. Bail Bonds These are basically loans provided by bail bondsman. Posting bond usually requires ten percent of the bail amount. However, many bail bondsman will charge a lesser amount if you are represented by an attorney. If you do not appear at one of the scheduled court hearings, your bail will be revoked and the bondsman will be responsible for paying the full amount of the bail. Arraignment Hopefully by this stage you have an attorney to represent you. Remember a DWI stays on your record forever. Generally what will happen at an arraignment: your name will be called, the charges against you will be read, and if you do not have an attorney the court will either appoint you an attorney or provide you with a public defender (if your county has them). This right is assured by the Sixth Amendment of the U.S. Constitution. You will be asked to plead either guilty, not guilty, or no contest. If you do not plea your case, accept what the prosecutor is offering, your case will be set for a preliminary hearing. Now you are on your way to trial. Trial is scarey and some lawyers are as scared as you are. Make sure your DWI lawyer is not afraid to try your case. If you have a shot at winning at trial, take it. The penalties for a second DWI offense are worse than the first and the costs skyrocket. Plea Sometimes referred to as a plea bargain. First time DUI and DWI offenders without any other circumstances surrounding the arrest, and without the benefit of DWI counsel will get hit with a $1000 a year fine for three years, have to attend counseling for drugs and/or alcohol, pay for probation costs, occupational license fees, drug testing, SR-22 insurance, etc. etc. If you think a DWI lawyer is expensive, think again, the costs of a first time DWI will most often far exceed the cost of counsel. With a good attorney and when there are issues with probable cause for your arrest, the arrest, weak evidence based on the breath, blood tests and/or the protection of your constitutional rights will you likely get a dismissal, a decent plea agreement or acquittal. If any of the above exist, make sure you speak with an experienced DWI attorney and receive advice as to how to proceed, you may want to try the case. Having a DUI or DWI on your record is permanent. Also, with an experienced DWI lawyer you may be able to negotiate a lesser charge than a jury might find you guilty of in a trial for DWI. The lesser charge will be in exchange for a guilty plea on the lesser charge. Administrative License Review Hearing This is not the actual trial but it is where evidence is evaluated to determine whether there was probable cause for the stop. In this hearing you are arguing to keep your license. You will be able to question the police officer as to probably cause for the stop, the breath test technical supervisor, the technician that took your blood. The outcome of this hearing will determine whether you maintain your license or have to apply for an occupational license. Pre-Trial Motions Pre-trial motions help focus the parameters of the case at trial. If evidence can be excluded based on illegal search and seizure, faulty tests such as non-calibrated breathalyzer tests, or in violation of your 5th Amendment or 6th Amendment rights, this is where it is argued to be excluded. Trial In order for the prosecution to obtain a conviction it must be proved beyond a reasonable doubt to the jury. There is never a presumption that you are guilty that you have to overcome and the jury should be told this by your DWI attorney. The only presumption in a DWI trial is the presumption of your innocence. Expungement Expungement may or may not be an option for you. It depends on the requirements of your jurisdiction. Many jurisdictions do not allow for expungement. In Texas you can expunge your record if your case was dismissed or if you were acquitted by a jury. There are certain other situations in which you can expunge your record, contact a DWI or DUI defense lawyer to discuss the specifics of your case. In California, depending on the conviction type, misdemeanor, or felony, and if all of the conditions of sentencing and post-sentencing probation requirements have been met, or the probation was discharged, or within the Court (Judge's) discretion. If the person seeking expungement is not incarcerated for another crime and/or on probation for any other offense and/or charged with any other crimes, then s/he may be permitted by the Court to withdraw the earlier plea of guilty or no contest (nolo contendere) and enter a plea of not guilty. If the person seeking the expungement went to trial and was convicted by a jury, the Court will set aside the guilty verdict. Following an expungement, the State still requires complete disclosure of the prior conviction upon direct question in application, or questionnaire for public office, for licensure by the state or local agency, or for contracting with the California State Lottery. Following expungement the defendant is

   John Yeager: The number of defendants processed in the criminal justice system has grown substantially during the past 10 years. At the same time, the types of crimes prosecuted have dramatically shifted. Today, the complexities of the legal system require defense attorneys who deeply understand the system and do more than legal research and argue before court.

   Sablatura Williams: Fight your DWI to the last breath.Ę A guilty verdict at jury trial is the same as a no contest plea bargain.Ę Always, always, always fight - the consequences are too high. One Leg Stand DWI Test This divided attention test consists of the instruction phase and the balance & counting phase. During the instruction phase, the person must stand with their feet together, keeping their arms at their side while listening to the instructions. One's attention is divided between keeping their balance and listening to and remembering the instructions. During the balance & counting phase, the person must raise one leg approximately 6 inches off the ground, arms at their side, toes pointed out and looking at the pointed toes, and keeping both legs straight. While looking at their toes, they are to count 1001, 1002, 1003, etc. until they are told to stop. The test is to last for 30 seconds and the officer is supposed to time the test. During the test, if at anytime a person puts their foot down, they are instructed to pick it back up and continue counting where they left off. The officer is looking for 4 specific clues: 1. sways while balancing; 2. using arms for balance; 3. hopping; and 4. putting foot down. The original research has shown that if 2 or more clues are present (i.e. putting foot down 1 time and having a couple seconds of sway), the person is intoxicated. This test has been shown to be accurate 65% of the time; therefore, it is inaccurate 35% of the time!

   Jamie Spencer:

   Austin Police Department's DWI Enforcement Unit (Task Force) was created in 1998.  Since then, DWI arrests in Austin, Texas have more than doubled.