DWI, or Driving While Intoxicated can be found in the Texas Penal Code, Chapter 49. Whether you had a few drinks at happy hour on 6th Street, or coming from a friend’s house, a DWI can have a devastating effect on your life, as well as your spouse, children, and even a complete others if the DWI results in an unfortunate accident. It doesn't take drinking all night to get a DWI -- Austin Driving While Intoxicated can occur when your blood alcohol level reaches a .08%.
While the DWI laws in Austin make it illegal for a person to drive after consuming alcohol that leaves that individual with a blood alcohol level greater than .08% (Meaning at the time of driving, the alcohol ingested in your body has reached a level of .08%), police officers are arresting people with less than a .08% BAC, and Lawyers and prosecutors are charging them as well. Prosecutor's have recently charged DWI with a blood alcohol level as low as .04%, and have begun charging non-alcohol DWIs for illegal and prescription drugs.
Austin DWI cases implement a great deal of science and technology by attempting to pinpoint your blood alcohol level (BAC) at the time of driving. Often times there are several interpretations and problems Lawyer can point out with the scientific evidence collected at the scene of arrest and later tested. There are many areas within the chain of custody of a blood sample where contaminates can be introduced by a Lawyer. Problems such as improper blood draw, improper blood collection tubes, failure to observe for a full 15 minutes before a breath test (to avoid burping or mouth alcohol), and calibration issues with testing devices, can all lead to inaccurate results and can be demonstrated in court by an Austin Lawyer.
One of the keys to an Austin DWI case is a Lawyers familiarity with the "scientific" data obtained during the investigation, such as blood or breathalyzer readouts and tests, physiological aspects of alcohol in the body, and elimination of mechanical errors, such as mouth alcohol (when miniscule traces of pure alcohol remain in small pockets of your mouth and are blown directly into the breath tester, causing a falsely elevated reading of BAC). False readings and mouth alcohol are just a few things to look for in any Austin DWI case.
We include the Occupational License Lawyer fees in our DWI representation rates, meaning you don't need to pay extra for the Occupational License (Temporary license that allows you to drive while your normal license is suspended from the DWI). This does not include Clerk's office fee or DPS fees.
Austin Lawyers at Texas Department of Public Safety will suspend your license immediatly upon arrest for DWI. The officer will confiscate your driver's license, and issue you a temporary permit (a piece of paper). The license suspension is Adminstrative in nature, also called the ALR Hearing, and seperate from the actual criminal case. An ALR Suspension based on a DWI occurs if the driver either refuses a breath or blood test, or fails it (above a .08% BAC). The temporary license will typically expire in 40 days. You or your Lawyer have 15 days from the issuance of the temporary license (arrest) to request an ALR hearing to contest the suspension. After a DWI arrest in Austin that results in the immediate suspension of your license through an administrative hearing, it is generally required for you or your Lawyer to file a written request, by either you or your lawyer. It is important to contact an Austin Lawyer quickly in order to argue at the ALR hearing to try and fight the DWI suspension of your driver's license. If a hearing is not requested by Lawyer in writing following the DWI arrest, then a mandatory automatic DWI license suspension takes effect. This means the only way an automatic suspension occurs is when a person (or Austin Lawyer) fails to file a written request for a DWI ALR Hearing. Often, lawyers at Keates Law Firm unfortunatley receive the first call from a client more than 15 days from the deadline; so it's important to call a lawyer as soon as possible to preserve your rights after a DWI arrest.Read about Suspended Licenses
Austin DWI punishment differs from case to case, depending on the levels of alcohol in a person's system, whether there was an accident, if there are priors, and the overall strngth or weakness of the case. Many DWI cases can be reduced to a non-DWI offense. Some Austin DWIs carry probation sentences, while some require mandatory jail time. Some people may avoid probation or jail and complete alternative programs or SWAP. A DWI Lawyer can aid in trying to reduce the penalties.
There are far too many Austin DWI potential defenses to list on this page alone. Read more information on DWI & Alcohol Offenses in Austin, Travis County in our Complete DWI Defense Guide
A Lawyer is able to use the law and the facts of you case to your advantage -- which could be the difference between your case getting possibly dismissed, or sustaining a convuction. With 10+ Years Experience, Lawyer Robert Keates knows the law. He has been practicing law for over 10 years. He has been a criminal defense lawyer for all of that time. As should any crininal defense lawyer, Robert Keates provides Free Consultations by phone, at 512-800-3741.
A Lawyer looks at the potential strength of your ticket or case, and a lawyer researches legal issues, such as illegal searches, procedure, and motions. A lawyer can protect your rights by setting supression hearings, or arguing the facts of your case directly to the prosecuting lawyer (or Judge) . Plus, a lawyer can typically go to court for you, rather than you missing work or school. Often, Lawyer Fees end up often being cheaper than paying the fine, going to court, missing work, paying for parking, court costs, surcharges, etc... It's always a wise decision to speak with a lawyer BEFORE going to Court.
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