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Ken Gibson-Austin

You Got A DUI. Now What?

Even though you've been arrested for DWI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DWI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses – all of which may help you to win your case at trial.

To find out what you need to know about your DWI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

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Austin DWI Lawyers

• Ken Gibson: If you drive after losing your license, you will be arrested for a new criminal charge, your license can be suspended for additional time, and the fact you drove while your license was suspended may be admissible in your DWI case.
• Frank Bryan: There is no substitute for jury trial experience. Jury trial experience gives an attorney a sense of what a jury would do under a set of specific circumstances. This perspective is invaluable to a person charged with a criminal offense. You would not likely choose a surgeon who has performed few surgeries to operate on you. In the same way, it is important to hire a skilled trial attorney to be your advocate with a jury.
• Betty Blackwell: As with any criminal offense, DWI charges carry different consequences based on the situation.  For example, if itıs your first alcohol-related offense and you fail a breath test or blood alcohol test, your driverıs license will be suspended for 90 days.  If you refuse to take one of these tests, the suspension increases to 180 days.  That is why itıs so important that you contact a skilled Texas DWI attorney with comprehensive knowledge of the Texas state laws regarding drunk driving charges.    FIRST OFFENSE Even a first-time offender faces serious penalties.  Conviction carries a possible two year probationary sentence, up to a $2,000.00 fine and the possibility of an additional license suspension of up to one year.  In addition to being expensive, probation remains on your record forever, without any hope of expunging, or sealing, of that record.   REPEAT OFFENSES If this is your second DWI offense, the punishments are even harsher.  Following the initial arrest, Texas state law requires that the repeat offenderıs vehicle be equipped with an interlock device, which you must blow into each time you want to start your car.  It will not start if any alcohol is detected.  A conviction carries mandatory jail time even if probation is granted, and up to a two year suspension of your driverıs license. As of September 1st, 2005 Texas DWI laws become even more severe.  Donıt be left to defend yourself against your serious DWI charge alone.
• 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.
• Louis Leichter: Criminal law and the multitude of issues which surround an arrest, indictment, trial conviction, plea agreement, probation, jail time or a final conviction weigh heavily upon an administrative agency’s decision to pursue misconduct charges. In many cases the decision is directed by statute and the misconduct, suspension or revocation proceedings following a criminal conviction are required as a matter of law. Therefore, when a licensed professional is facing criminal charges it is imperative that they hire representation who is familiar with criminal practice and procedure as well as the repercussions that a given plea agreement or even trial could have on their license. In many instances certain convictions, whether for deferred adjudication or straight community supervision, will require a mandatory suspension or revocation of the licensee’s license. Some agencies require, upon a conviction for specific offenses, that the license is to be revoked unless the licensee can make a showing that it is in the best interest of society as well as the licensee that they maintain the license. For obvious reasons, it is imperative that a licensee charged with a state or federal offense seek professional counsel to assist in decision making and explain the ramifications a charge or plea agreement may have upon licensure renewal, application or the filing of misconduct charges. Drug offenses and violations of the Health and Safety Code allow for, and often require, some of the stiffest administrative and civil penalties upon a professional or health care license. Moreover, fraud is often associated with the unlawful possession or obtaining of prescription drugs. Therefore, it is imperative that a licensed professional seek immediate criminal representation to assist in the pretrial planning and proactive strategies that should accompany an arrest or indictment. After being arrested for DWI, Possession of a Controlled Substance, Family Violence Assault, Allegations of Fraud or Drug Diversion, professionals often hide and tend to ignore the problem thinking “they can’t do this to me.” This is often the worst approach that a licensed professional can make as valuable time is wasted which should be utilized preparing a defense or assembling and developing mitigation evidence.
• 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.
• Vasquez Law Firm: Do not be bullied by the State. Hire a criminal defense attorney with the knowledge and skill to face them head on.
• Evans, Peek, McConnell & Veltman: You should consult an attorney for individual advice regarding your own situation.
• 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.
• Minton, Burton, Foster & Collins: he first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge.
• 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:

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

  • 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.
    
     

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

  • 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).

• Bass & Smith: Under Texas law a person commits a criminal offense if he or she (1) drives or operates a motor vehicle (2) in a public place (3) while intoxicated.
  
  1. What is the difference between driving a motor vehicle and operating a motor vehicle?
  
  Everyone knows what it means to "drive" a motor vehicle. But a person can be guilty of DWI even if he or she is not actually driving an automobile. Under Texas law, a person is deemed to be "operating" a motor vehicle if the person is exerting any control over the vehicle. Thus, an intoxicated person who is parked on the side of a public roadway with the engine of the vehicle still running may be guilty of DWI even if the transmission of the vehicle has been moved into the parked position. Having turned the engine on, so the argument goes, the person continues to exert control over the vehicle until the engine is turned off.
  
  2. What is considered to be a public place.
  
  Under Texas law, "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Thus, under Texas law, a person who, while intoxicated, "operates" a motor vehicle in the parking lot of the apartment complex where he or she resides has committed the criminal offense of DWI.
  
  3. When is the driver or operator of a motor vehicle legally intoxicated?
  
  The driver or operator of a motor vehicle is deemed to be legally intoxicated if:
  
  (1) he or she does not have the normal use of his or her mental or physical faculties by reason of the consumption of (a) alcohol, or (b) a controlled substance, or (c) a drug (including prescription or over-the-counter medications), or (d) any combination of 2 or more of substances a, b, or c, or (e) any other substance;
  
  OR
  
  (2) he or she has an alcohol concentration of at least .08 grams of alcohol in (a) 210 liters of his or her breath, or (b) 100 milliliters of his or her blood, or (c) 67 milliliters of his or her urine.
  
  Under Texas law, a person may pass a breath test or a blood test and still be convicted of DWI if, while the person was driving or operating a motor vehicle, the person, because of a prescription medication, an over the counter medication, or ANY OTHER SUBSTANCE, did not have the normal use of his or her mental or physical faculties.
• Jones, Minton & Burton: The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge.
• Dunham & Rogers: 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. Under some circumstances, the legal definition of intoxication is met even if a person's alcohol concentration is lower than .08 percent. Having alcohol, a drug, or a controlled substance in one's body that causes loss of normal use of mental or physical faculties also is 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. Boating or operating an aircraft while intoxicated also are crimes.
• Kris Davis-Jones: In a landmark 1969 U.S. Supreme Court case, Chimel v. California, the Court held that law enforcement officers may conduct warrantless searches of arrested individuals and their immediate surrounding areas. This rule is known as the "search incident to an arrest" exception to the Fourth Amendment's prohibition against unreasonable searches and seizures. The rationale behind this decision is that officers should be protected from the danger that an individual could reach for a concealed weapon. The rule also serves to prevent the destruction of evidence. Such searches are not only considered to be an exception to the Fourth Amendment's general requirement that officers have warrants prior to conducting searches, such searches are also presumed to be "reasonable" as interpreted by the U.S. Supreme Court in United States v. Robinson (1973).
• Bristol Meyers: Oftentimes being thorough means asking the questions nobody wants to answer. You need to know that if you're under arrest or investigation, the police and prosecutors are not your friends, and they're not my friends either. Many other criminal defense lawyers began their careers as prosecutors, working hard to put people on probation or into jail or prison. They advertise this fact as if it's a good thing, implying that they have better relationships with the prosecutors and can "get you a better deal." But what happens when aggressively fighting your case means your lawyer has to play hardball with an "old friend" from the prosecutor's office? Can you really be sure YOUR best interests are being zealously represented? Are those tough questions going to be asked?
• Bratton Firm: In order to help police officers effectively determine the BAC of drivers stopped for DUI, the National Highway Traffic Safety Administration (NHTSA) developed a Standardized Field Sobriety Test (SFST) battery in 1981. The SFST is composed of the following three tests: 1. HGN 2. Walk-and-Turn (WAT) 3. One-Leg Stand (OLS) Presently used in all 50 states, the SFST battery has become the standard in most law enforcement agencies for making DUI determinations and arrests. In fact, research sponsored by the NHTSA to reevaluate the accuracy of the SFST battery in 1998 confirmed that the combination of the three standardized tests increases the accuracy of an officer's BAC estimates and results in more DUI arrests.
• Frank Bryan: There is no substitute for jury trial experience. Jury trial experience gives an attorney a sense of what a jury would do under a set of specific circumstances. This perspective is invaluable to a person charged with a criminal offense. You would not likely choose a surgeon who has performed few surgeries to operate on you. In the same way, it is important to hire a skilled trial attorney to be your advocate with a jury.
• E.G. Morris: A person accused of a crime in Texas courts has a right to have the case tried to a jury. That right cannot be taken away without the agreement of the Defendant, the prosecutor and the judge. However, most criminal cases are not resolved by trial. The vast majority is settled through negotiations with the prosecutor after each side has had a chance to investigative the case and resolve legal disputes at a pre-trial hearing.
• 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.
• Ira Davis: As a practical matter, one drink would almost certainly not lead to a BAC of .08 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .08 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit.
• T.J. Biczo: DWI is a serious offense, and you need an experienced attorney on your side.
• Ian Inglis: In Texas, a first-time DWI conviction is a class B misdemeanor, punishable by up to six months in jail and a $2000.00 fine. A second DWI conviction is a class A misdemeanor, punishable by up to a year in jail and a $4000.00 fine. A third DWI conviction is a third degree felony, punishable by up to 10 years in prison and a $10,000.00 fine. A misdemeanor DWI defendant is eligible for probation of up to two years, and a felony DWI defendant is eligible for probation of up to 10 years. In addition to criminal punishment, a DWI defendant in Texas may be subject to a driver's license suspension for failing or refusing an alcohol test, or for being convicted of the DWI offense.
• Coral Gunter: Cases involving DWI can be very hard on those that often have little to no experience with the criminal justice system. When this happens to you, get an attorney who will work for your rights.
• Scott Klippel: Driving While Intoxicated is the crime most likely to affect the average citizen. The ramifications of a conviction of a DWI are very serious. In addition to the sentence imposed upon conviction, a Defendant's automobile insurance rates can skyrocket and any arrest for another DWI will have very, very serious consequences.
• 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.
• 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.
• 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.
• Allen, Kucera & Moore:
  1. Don't wait - call a lawyer immediately.
  2. Don't talk to police investigators or anyone else.
  3. Write down all the facts about your case.  You might forget important facts by the time your case goes to court.
  4. Fight to save your Drivers License!  Demand an ALR (Driver License) hearing immediately.  DPS (Department of Public Safety) says you must request a hearing within fifteen (15) days of your arrest or you lose your license without any hearing.  Read the wording on the "Notice of Suspension".
  5. Have an experienced lawyer review and evaluate the facts.
  6. Know your rights. Were your rights violated?
  7. Get all available police reports. Any mistakes?
  8. Find out if the breath test (or blood) was legal or reliable. Get all breath machine test records.
  9. Check for illegal arrest.
  10. Prepare for court.  Find out what to do and say.  Know what to tell the judge. Know your defenses.  Know the law.
  
• David Frank: If you are convicted of a second or subsequent DWI within 5 years of your last conviction, you will face stiffer penalties and more serious driver's license suspensions. If you commit a second or subsequent DWI or intoxication manslaughter within five years of your most recent DWI, your driver's license will be suspended for one year. Additionally, if your driver's license is suspended for a second or subsequent intoxication assault committed within five years of your most recent intoxication assault, the suspension continues for a period of one year.
• Stuart Kinard: A breath test or field sobriety test does not automatically prove you guilty. According to the federal government, accuracy of field sobriety tests are as follows: HGN test...................77% Walk and turn.............68% One leg stand.............65%   Evaluating A DWI Case and the Deciding Factors... In most DWI cases, there are 3 pieces of evidence that are open to interpretation of the law.