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Austin DWI Lawyers

  1. Popper, Charles: Fight Your DWI with an Austin Lawyer In a city with nightlife like Austin's, it's especially easy for the average person to make one poor decision and end up facing Driving While Intoxicated (DWI) chargesÑan event that can result in a lifetime impact. One drink can put your blood alcohol content at a level that could implicate you. If your future is at risk, consider using an Austin DWI lawyer to help reduce the gravity of your dilemma. A skilled DWI defense lawyer provides legal expertise in defending you from the drunken driving offense with which you are charged. How a DWI Lawyer in Austin Can Help Even first time DWI offenses in Texas carry a minimum of 72 hours in jail. This can increase up to six days, or one year for second offenses, and up to 10 years in a penitentiary for third offenses. Fines for first offenses have no minimum, but can reach $2,000. The court may also impose a one-year license suspension. As an example, a good lawyer might be able to get a first-time offender who injured no other individuals the following: * Minimum jail time * No fines * A mandatory DWI education class instead of license suspension There are no guarantees either way, but going into a courtroom with no litigation experience and no legal defense poses a serious risk to your case. What to Look for in Austin DWI Defense Attorneys * Find a passionate lawyer with the capability of making an emotional investment in your case. Charles D. Popper is a family man that practices compassion at work and at home. * Hire someone that specializes in criminal defense. Many law firms practice too many types of law to gain the necessary depth of understanding for any one of them. * Look for lawyers who maintain diverse lifestyles outside of their practice. Real-world experience is indispensable when dealing with real-world problems. * Anyone can be a lawyer with a law degree and admission to a state bar. The most important trait that any lawyer can boast is experience.
  2. Reynolds, David: RICO, DUI (driving under the influence or DWI, driving while intoxicated), burglary, drug possession and trafficking, assault and battery, murder, fraud
  3. Ortega, Jana: * Assault * Driving With Suspended License * Drug Cases * DWI * Expunctions * Juvenile Cases * Motions to Revoke Probation * Occupational Licenses * Theft
  4. Stockard, Janet: Can I get my DWI dismissed? It depends on the facts of your case. We will discuss defenses that may apply to you. No one can quarantee you a dismissal. Should I take a breath test? NO! DON'T BLOW! Refuse to take the breath test. Should I take a blood test? Only if you have not had any alcohol to drink. That test is accurate. If you have been drinking alcohol, do not agree to a blood test. What do I HAVE to do when stopped by the police? You have to identify yourself show your driver's license show proof of insurance. You do not have to answer any questioins or perform any tests! What evidence will there be if I don't take a test? The police will be video taping you the entire time. That will be the evidence.
  5. Ross Law: Repercussions When faced with a DWI, you face serious repercussions. Depending on the severity and the number of offenses, you could lose your license, spend time in jail, face thousands of dollars in fines, and, if convicted, the offense goes on your permanent record. Don't leave your future to chance. Select an attorney who will fight for you.
  6. Pilkington Law Firm: Criminal defense: If you have been charged with a misdemeanor or felony, such as DUI/DWI, child neglect, child abuse or traffic violations, we will advocate on your behalf in negotiation and in the courtroom.
  7. Troberman, Meredith: Driving While Intoxicated DWI charges are very serious. Even if it is your first charge for a DWI, the penalties could include jail time, suspended license, community service, treatment programs and fines. If you or a loved one has been charged with a DWI, you need to contact the Law Office of Meredith Troberman. Each case is different and an immediate review of your case is vital. The Law Office of Meredith Troberman has a proven record of success in defense on DWI charges. Law enforcement in Austin is always on the alert and looking for any viable reason to stop drivers, especially during certain hours of the night. If you give them any reason whatsoever, no matter how minor the infraction, you WILL be pulled over. The Austin Police Department has an entire Òtask forceÓ dedicated to nothing but the pursuit of intoxicated drivers and a large amount of funding is pumped into this initiative. In the State of Texas, it is illegal to operate a motor vehicle in a public place while intoxicated. "Intoxicated" means not having the normal use of your mental or physical faculties due to the introduction of alcohol, illegal drugs, prescription drugs, or any other substance into the body OR having a blood alcohol concentration of 0.08 or higher. Once pulled over, a series of Standardized Field Sobriety Tests will be administered by a police officer to determine if IN HIS OPINION, you have lost the ÒnormalÓ use of your mental or physical faculties. Did you know that you will have already been arrested by the time you are even given the opportunity to provide breath or blood sample? DWI is one of the few criminal offenses that is based solely on opinion of police officer in the field. You are given the opportunity to further incriminate yourself by giving breath or blood after you are already in custody! Being arrested for DWI is the inception of a real legal problem for you. Did you realize that in many cases DWI charges have been dismissed or reduced? It is crucial that you contact the Law Office of Meredith Troberman, an experienced and skilled defense attorney to assist you. Your case may have details that could bring about a better outcome, and this information is best if evaluated quickly. You have only 15 days after your DWI arrest to schedule a DPS Administrative License Revocation Hearing (called an ÒALRÓ) or your license will automatically be suspended. There are two parts to your DWI arrest. One is the administrative side, which is handled in an ALR hearing. The second is the actual DWI charge that is handled by Travis County prosecutors. It is strongly urged that you have both the ALR hearing and the DWI case itself handled by an experienced DWI attorney. DWI arrests jeopardize your ability to drive in the future and there are factors that can be brought forward in the ALR hearing to make arrangements for you to be able to continue to drive.
  8. Quinzi, Paul: Whether you have been charged with Driving While Intoxicated (DWI) or Aggravated Assault, misdemeanor Possession of Marijuana (POM) or felony Possession of a Controlled Substance (POCS), or any other crime, I'm here to help you. * All Felonies * All Misdemeanors * DUI / DWI / Drunk Driving * Marijuana & Drug Possession * Burglary & Theft * Assault & Battery * Request Non-Disclosure * Petition for Expunction
  9. Senter, Jeff: Main DWI Defense: The first thing we attack is reasonable suspicion to pull the car over or probable cause to make the arrest. We also look for the failure to conduct breath and blood tests in accordance with Texas standards and with NTSA standards. All field tests must comply with NTSA standards or they are invalid. From toxicology evidence weakness to video evidence at odds with police report or testimony, there are a number of ways to build a strong defense.
  10. Nickel, Todd: DWI, drug offenses, assault and other violent crimes, property crimes, fraud and white collar crimes DWI A conviction in Texas for Driving While Intoxicated can carry with it serious and long-term consequences. Most people charged with drunk driving have absolutely no experience with the criminal justice system. The prosecutors, however, spend a majority of their time handling DWI cases. If you are arrested for DWI, you need an experienced attorney to help you maneuver through this process and aggressively fight for you at every stage. You are facing more than just a conviction. You can lose your license and be forced to pay thousands of dollars in surcharges to the state. Keeping Your Driver's License In addition to criminal charges, the Department of Public Safety will initiate proceedings to suspend your license after your arrest for DWI. It is essential to contact an attorney immediately after your release because you only have 15 days to request an Administrative License Revocation (ALR) Hearing. Todd Nickle will represent you throughout the ALR process and fight for your license to drive. In the event there is a suspension, he can prepare a petition for an occupational license that allows you to drive legally during the period of suspension.
  11. Mike Parr: Defendants often go to trial without having anyone testify for them. This strategy allows the defendant's lawyer to focus on cross-examining the prosecution witnesses in order to poke holes in the prosecutor's case -- thereby creating reasonable doubt. Defense attorneys rely on a variety of arguments to discredit the prosecutor's witnesses. Some common arguments include:

    1. Prosecution witnesses are biased against the defendant and therefore are lying or grossly exaggerating.

       

    2. Prosecution witnesses are mistaken in their observations because the lighting was bad, they were under the influence of drugs or alcohol or they were too far away.

       

    3. Evidence from police laboratories is unreliable because the machines were not properly maintained or the technicians were not properly trained.

       

    4. Prosecution witnesses are lying to get a good deal on the criminal charges they themselves are facing (witnesses are often criminals who have been offered a deal if they testify against the defendant).

  12. Tom O'Leary: Everyone arrested for DWI will be taken to jail at the time of arrest. However, in most cases, a person accused of Driving While Intoxicated, will not be sentenced to jail even if convicted of the crime. Each case is different and many factors are involved concerning jail time; however, for a typical first time DWI in Austin, Texas, and most Counties in Texas, going to jail is not the normal sentence if convicted.
  13. Bennie Ray: The law in Texas provides that persons stopped for DWI initially do not have the right to an attorney. In fact, you don't have a right to speak to a lawyer until after the initial investigation on the street is complete and you have been taken to jail. Most citizens do not understand that after their arrest, they are not entitled to speak to a lawyer when confronted with the decision of taking or refusing a blood, breath or urine test. Keep in mind, however, that it may still be a good idea to request a lawyer when you are first stopped by the police. This is because some police officers will let you call a lawyer prior to having the right to do so.
  14. Ross, Melton, Denosky & Balcezak: criminal practice is limited exclusively to DWI defense... ...provides discreet, professional representation for our clients who are accused of driving under the influence. When faced with a DWI, you face serious repercussions. Depending on the severity and the number of offenses, you could lose your license, spend time in jail, face thousands of dollars in fines, and, if convicted, the offense goes on your permanent record.
  15. Scott Smith The reliability of the instruments used to measure breath specimens to determine body alcohol concentration is doubtful. While state-paid experts routinely testify that the Intoxilizer 5000 is accurate and reliable, several independent experts have expressed contrary opinions. Consequently, the results may be inaccurately high or inaccurately low.
  16. Paxton Law Firm: It is important that you retain a lawyer with experience in the defense of Driving While Intoxicated to protect all of your rights! It is possible to obtain a dismissal of your case, have your case pled to a lesser charge than DWI or even win your case at trial. Being arrested for Driving While Intoxicated can be a very frightening and frustrating experience. Often, the person arrested for Driving While Intoxicated has no prior contacts with the criminal justice system (i.e. they have never been arrested before). Driving While Intoxicated is a crime that can affect any member of society, regardless of socio-economic, racial or religious background. DWI is also one of the only crimes in the State of Texas where a police officer can arrest you based solely on his opinion.
  17. Omar Saman: Administrative License Revocation:
    To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension (usually the date of arrest) otherwise your license will be suspended for a period of time specified by DPS. However, if you timely request a hearing to contest your license suspension, you will be able to continue driving until the day of the hearing. If you lose at the hearing, you cannot drive after the hearing.

    It is beneficial to request the officer's presence at the hearing so we may learn his testimony before the District Attorney coaches him. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.

    1st Appearance:
    If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually within 30 days after your arrest). During this 30-day period, the case is sent to the District Attorney's office for further investigation. The District Attorney then prepares the information and files this with the County Clerk, and your case is set on the court's docket. At this appearance you attorney will be able to review the police report and any evidence the State may have against you.

    Pre-trial Conference:
    Your attorney will discuss your case with the District Attorney to negotiate the best possible resolution of your case. This conference will happen about 6 weeks after your 1st Appearance date.

    Suppression Hearing:
    The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. This hearing occurs anywhere from 6 weeks to 3 months after the pre-trial conference.

    Trial:
    You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the trial will be to a jury of twelve.

    Sentencing:
    The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea is entered. Sentences may include jail time, numerous fees, fines, community service and/or alcohol classes.
  18. Joseph Stokes: Being accused of a crime and having a government attorney prosecuting you is often a difficult and troubling situation. Therefore, it is important to make sure that you have a competent attorney looking out for you if you are in this situation.
  19. Gary Taylor: The U.S. Supreme Court has generally interpreted the Fourth Amendment prohibition against "unreasonable searches and seizures" to impose a warrant requirement upon police officers who wish to perform a valid search or arrest. However, the Court has carved out some exceptions to the warrant requirement, which make certain "seizures" constitutionally permissible in the absence of a warrant.
  20. Jason Trumpler: The following are some general guidelines to assist you if you are ever pulled over in Texas after drinking before driving. This being said, the easiest way to avoid having problems in the first place is to be responsible. If you drink, do not drink to excess. If you drink, DO NOT DRIVE. In my experience, the vast majority of police reports, whether DWI related or something else, generally start out with someone who has consumed too much alcohol or some other illicit substance. (It goes without saying that you should avoid all activities and substances that are illegal by their very nature.) I know cabs can be difficult to find and expensive on busy nights. That being said, the price you pay in both time and money for a cab is far better than the attorney's fees, court fines and fees, and a potential jail sentence. If you do make the decision to drive after consuming alcohol, you can use the following 8 tips to reduce your chances of being convicted of DUI/DWI in Texas. 1. When questioned for DWI or drunk driving before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the police officer's questions concerning the DWI investigation, either before or after arrest, then there will not be any statements that can be used against you in court. Even seemingly innocuous questions can be used by the prosecution to assist them in convicting you of DWI. 2. Field Sobriety Tests (FSTs) are completely voluntary. If you have been drinking, whether you perform the FSTs or not you will probably be arrested. It is probably better not to give the police evidence that will be used against you in court. You can politely refuse to do FSTs. 3. In Texas, if you refuse a chemical test on a first offense, you will lose your license for 180 days (rather than 90 days on a non-refusal). Plus, you are still eligible for an occupational license. As such, if you are in Texas, I would advise you not to complete a post arrest chemical test. While search warrants to force blood are becoming more common, they are still not the norm. 4. Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety. 5. Always be polite and respectful to the police officers. How you are perceived by a jury is extremely critical. 6. Most jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior. 7. Make a detailed list of all the events before being stopped up to and including being released from custody. 8. Retain an experienced DUI / DWI drunk driving defense attorney to represent you. Only an experienced DUI/DWI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury. Remember, the best way to avoid a DUI or drunk driving conviction is to not drink and drive. Purchasing a portable breath test machine can also be of benefit. Unfortunately, the way our laws are going even if you've had a small amount of alcohol and you are not impaired, as long as you smell like alcohol your chances of being arrested are very high. However, being arrested for DWI does not automatically result in a conviction or loss of your driver's license. The above tips are designed to provide accurate and authoritative information. They are not designed to render legal opinions.
  21. Vasquez Law Firm: If you have been charged with a crime, do not talk to the police ... Do not be bullied by the State. Hire a criminal defense attorney with the knowledge and skill to face them head on.
  22. Jeremiah Williams:

    Why FSTs are Vodoo

    HGN

    Did you know that nystagmus is a natural, normal phenomenon - and everyone has it?  Alcohol and certain drugs do not cause it!  In fact, look what the courts have said about nystagmus:

    Nystagmus can be caused by problems in an individual's inner ear labyrinth. In fact, irrigating the ears with warm water or cold water...is a source of error. Physiological problems such as certain kinds of diseases may also result in gaze nystagmus. Influenza, streptococcus infections, vertigo, measles, syphilis, arteriosclerosis, muscular dystrophy, multiple sclerosis, Korsakoff's Syndrome, brain hemorrhage, epilepsy, and other psychogenic disorders all have been shown to cause nystagmus. Furthermore, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in gaze nystagmus. The consumption of common substances such as caffeine, nicotine, or aspirin also lead to nystagmus almost identical to that caused by alcohol consumption. (Quoting Pangman, Horizontal Gaze Nystagmus: Voodoo Science, 2 DWI J. 1, 3-4 [1987];   State v. Witte, 251 Kan. 313, 326, 836 P.2d 1110, 1119 (1992).

    Also, as stated above, the officer must perform the HGN test by the book..  

    1. If the officer is off a few seconds here or there;
    2. If lights are flashing in your eyes;
    3. If you've ever had a head injury;
    4. If you've ever had eye problems;
    5. If you're wearing contacts;
    6. If you're epileptic;
    7. If if if...

    the test should be thrown out!

    There are numerous, complicated factors into the HGN test - many opportunities for mistakes!

    Walk & Turn and One Leg Stand:

    Try these next two tests in your living room, completely sober.

    Officers will testify that everyone should be able to adequately perform the walk and turn and one leg stand.  However, the National Highway Traffic Safety Administration, through their extensive research, has acknowledges that:

    1. sober people have difficulty with balance;
    2. these tests lose their sensitivity if repeated;
    3. leg problems can affect these tests;
    4. back problems can affect these tests;
    5. middle ear problems can affect these tests;
    6. weight can affect the tests;
    7. age can affect the tests;
    8. footwear can affect theses tests; and
    9. weather conditions can affect the tests.

    Back to top

     

    Can I refuse FSTs?

    Generally, the only evidence of intoxication a jury will see is the video of you doing field sobriety tests. 

             You have an absolute right to:

    1. Refuse any test asked of you - including Field Sobriety Tests

    2. Refuse any breath or blood test

    3. Refuse to answer any questions - at any time!

    4. Travis Willaimson: DUI is shorthand for "Driving Under the Influence." A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.
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