DWI FAQ, Common DWI Questions Austin Texas Criminal Defense

 

What happens to my Texas Driver's License after a DWI? After a DWI in Austin or anywhere in Texas, a driver's license will be suspended following the DWI arrest. The officer should hand the driver a temporary license, typically valid for a very short period of time, such as thirty days from teh date of DWI arrest. Once the temporary license has expired, the driver may no longer legally drive, unless the Texas Driver's License is restored and valid.

What are the punishments for a first 1st time DWI in Austin Texas? Sometimes called DWI1, in Austin and anywhere in Texas a first time DWI arrest is a Class B Misdemeanor, punsihable by no less than 3 days but more than six months in the county jail and/or no more than $2,000 fines. This means the punishment could be anywhere from 72 hours jail time and probation, to probation and180 days in the county jail. Fines are aditional, as are typically a driving class focusing on DWI and driving safety, MADD Victim Panel meetingsand mandatory insurance. Every case differs, so punishments can vary within the above range. In cases with higher BAc levels or other issues, other terms of probation are often added, such as a DWI interlock device (blow tube in the car), Restitution, and SCRAM or other devices to ensure a person does not consume alcohol. In many instances, community service can be given rather than the 72 hours in the county jail for 1st time DWI arrests and offenses.

What if my DWI breath test was lower than a .08%, and I was still arrested for DWI? A growing trend among district attorney's offices is to challenge and gauge the community when it comes to prosecuting DWI cases with less than .08 legal limit of alcohol. A DWI case may be filed when the DA feels the person was too intoxicated to drive, however, the legislature specifically selected 0.08% BAC as the legal limit, and cases where an individual is charged under that limit, should be challenged. The argument will center around the BAC level at the time of driving, and whether that level was above 0.08% when driving, despite a later test showing 0.07% or less.

Should I hire an Expert Witness for my DWI criminal defense case? Many times a defense DWI expert witness is a tactical decision that has a profound effect on a jury. While lab techs from the coroners or sherrif's department are supposed to be unbiased scientists, the fact remains that they are being asked to testify by the prosecution to prove your guilt, and being paid by the sherrif or the county to do so. Testifying at criminal trials is part of the job description and part of their normal salary. So it often helps for the jury to hear the defense side of the evidence, to not only counter the testimony of the prosecution, but also challenge the validity of the procedures and testing measures of law enforcement and the crime lab.

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