Austin Texas DWI Lawyer

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When faced with a DWI charge, many think that this is the end of the road and there is nothing that can be done to win their case. Being charged with a DWI is in fact, a serious offense. But with the correct legal representation, you CAN win your case. As an experienced legal team with a background in DWI-related offenses, we can fight to challenge every aspect of your case, including legalities, interrogation methods, and the accuracy and conducting of sobriety tests.

We look to see if your rights were infringed upon in any way. It’s best to contact a defense attorney as soon after your accident as possible to try to avoid charges, license revocation, and even jail time. Especially with a DWI case, you need a lawyer who has many years of experience under their belt. At our firm, we provide you with honesty, advice, resources, and undivided attention to your court case.

Here’s what you need to know.

Being charged with a DWI is scary enough as it is. Aside from the damage you can inflict on someone else or possible injury, there are serious repercussions that come with getting a DWI.

It is important to comply with the officer. If you do not comply with the sobriety tests needed, this can work against you in your case. There is a myth that if you do not agree to a breathalyzer test, you will not be charged. This cannot be farther from the truth. It is best to take any blood or breathalyzer tests asked of you because your alcohol content may be lower than you think which will help your attorney to plead your case in court.

If you are guilty of a first-time DWI offense, your consequences will be less severe since you are not a repeat offender. There still may be some unfortunate repercussions for your actions. You will probably have your license revoked for a period of time and possibly have your car impounded. You will face a fine from anywhere between $400 to $1000 plus court fees. Jail time is almost inevitable. But luckily if you are a first-time offender, your jail time will be much less than someone who has been guilty of a DWI conviction in the past. For a first-time offender, jail time can be anywhere from a few hours to a few months, dependent upon the severity of the DWI case.

Unfortunately, a DWI on your record can have other terrible ramifications. Some of these can include effecting possibly employment, housing, and car insurance opportunities. If you are a first-time offender, some of these companies may be more understanding than others.

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What happens if you get a DWI?

Here is a walk-through of what might happen if you are suspected of a DWI:

Being arrested - If you are pulled over by a police officer and tested over the legal limit for alcohol, you will be put in a police car and taken to the nearest police station. Dependent upon your state law, it is possible you will have to face a night to at least a few days in jail. Jail time for a DWI typically depends on the state law, as well as if you are a repeat offender or a first-time offender. Repeat offenders will typically have to spend more time in jail as opposed to someone who is facing a DWI for the first time. Some states will allow a friend or family member to post bail for you and take you home immediately.

Court case – When you are suspected of a DWI you will receive a court summons with your court date listed. This is when you should consult with an attorney to find out about how to best fight your case. Your attorney will be able to tell you what your rights are, how and if they can defend your case, and what the possible ramifications of your DWI might be. Be aware, if you do plead not guilty to a DWI charge, the court will most likely see your sobriety test video in front of a jury so it is important to be as honest with your attorney as possible so that they can better help you plead your case.

Driver’s license revocation – Even for a first-time offender, your license will be revoked if charged with a DWI, at least for a short period of time. Your license is usually taken on the scene and you will have a temporary license to be able to drive until a decision is made on your case. This license will assist you in being able to travel to work and/or school until your case is closed and you know how long your license will be revoked. If your license is revoked for a long period of time, you will have to lean on loved ones and friends or rely on bus transportation until your driver’s license is returned.

Fees – If charged with a DWI, you will definitely have to pay some sort of fine, along with court fees. The fine for a DWI often varies by state and severity of the situation. A court can alter a DWI charge dependent upon the case. If someone was killed or property was damaged, a charge will be higher than if there was minimal damage caused.

Probation – If convicted of a DWI, you will most likely be on probation and this is another fee that will have to be accounted for. If you do not comply with the terms of your probation, you can face possible jail time or more fines. When on probation your alcohol intake will most likely be monitored along with whether or not you have been driving, dependent upon the terms of your probation.

Alcohol assessment – If convicted, there is a chance you will have to undergo an alcohol assessment program. If it is determined that you have an underlying issue with alcohol, you will probably be mandated by the court to undergo an alcohol treatment program. This will be something similar to Alcoholics Anonymous. This will not be permanent dependent upon your progress but will assist if there is an underlying issue with alcohol.

SR-22 Insurance – Most states require that if you are convicted of a DWI, you will need to apply for SR-22 insurance, which will cause your car insurance spences to go up. Dependent upon the state and case, a person will have to carry and pay for this type of insurance for about three years.

Ignition Interlock – Many states have been requiring those who are guilty of a DWI to have a device called an ignition interlock installed in their car. This device is very costly but gives the driver a free breathalyzer test before being able to drive. If any alcohol is detected the driver will not be able to drive and the car will not start. Sometimes, this device has even be required to be installed for first-time DWI offenders.

Austin DWI Frequently Asked Questions (FAQ)

What happens when you are pulled over for a suspected DWI?

If you are pulled over for a suspected DWI, it is usually due to impaired driving, i.e. swerving, speeding, or not driving the correct speed limit. The police officer will usually ask you if you have been drinking and ask to see your license and registration. If after speaking with you, you do not seem impaired, usually the police officer will let you go. If you do seem impaired, the officer will perform a series of sobriety tests on you. If you BAC is under 0.08%, you will not be charged and will be allowed to leave.

Should I call a lawyer right away if I get a DWI?

For your arraignment, it is typically not necessary to obtain an attorney, but you can if you feel more comfortable. After your arraignment, this will be the time you will want to consult with your attorney. Your attorney will be able to advise you on the next steps and be able to review your case thoroughly. If this is a first-time DWI offense, charges can often be reduced (saving you money), or dependent upon the case, dropped completely.

Do you always lose your license if you get a DWI and if so, how soon will I lose it?

It is usually a definite that you will lose your license if you are charged with a DWI. Typically, an officer will take your license and give you a temporary one that will expire if you do not request/show up to a hearing. Usually, the length of time that your license will be suspended depends on your prior record. It is best to cooperate with the police officer and agree to all sobriety tests in order to prevent longer or permanent license suspension.

Will I lose my car if I get charged with a DWI?

This depends on the circumstance. Sometimes, a judge will rule to have your car impounded or have your vehicle taken away. Usually, this type of scenario does not occur often. Only during extreme circumstances has it been seen for something like this to happen.

Will I get fined if charged with a DWI?

Yes, you’ll have to pay some sort of fine if charged with a DWI. Dependent upon the circumstance, your lawyer might be able to get this fine reduced. How much of a fine depends on the circumstance; Was there any property damage, injury involved, death, etc.

Will I go to jail if I get a DWI?

Unfortunately, most states will have you face at least a few days of jail time if charged with a DWI. If it is a first-time offense, you will most likely only have to spend a few days in jail. A repeat offender will probably spend a longer period of time as well as be faced with the possibility of wearing an alcohol- monitoring bracelet to ensure he or she is not drinking and to monitor their BAC (blood alcohol content).

What will happen to my car insurance if I get a DWI?

Car insurance rates will usually go up after a DWI and some car insurance companies might potentially drop you from their policy if they hear you were convicted of a DWI. You might have to look for a new insurance policy but dependent upon the severity of the case or if you are a repeat offender, some companies might be more understanding in this type of situation. You will need to check your state laws to determine whether you need to fill out a form for the DMV validating that you do have insurance. All states do not require this after a DWI, but this is becoming a more common occurrence that most states do require today.

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What happens if you get a DWI?

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