For those looking for an experienced and reputable Austin DWI Lawyer, you won’t find anyone more qualified than the team at the Law Offices of RRK.
CLICK HERE TO CALL FOR IMMIEDIATE ASSISTANCEWith a proven track record of successful cases and affordable legal fees, we can help defend you against allegations of driving while intoxicated in Austin related to your DWI arrest.
We aren’t just a team of criminal defense attorneys. We have extensive backgrounds in many areas of criminal defense. Specifically, our team of experienced Austin DWI attorneys are well-versed in the complex laws surrounding DWI cases, which means they can provide you with a sound criminal defense that will help protect your rights.
DWI ARREST – TIME IS OF THE ESSENCE
If You Have Been Arrested or Charged with a DWI, You NEED to Take Immediate Action. Time is of the utmost importance in these types of cases and swift legal action can have a great impact on the outcome of your case. Depending on the severity of the charges, you may be facing serious consequences including license suspension, significant fines, jail time, and more.
It is important to understand that in DWI cases there is no “one-size-fits-all” approach. Every state has its own set of laws governing drunk driving offenses and every individual case comes with its own unique set of facts and circumstances. That’s why it is critical to enlist the help of an experienced attorney who can assess your situation and provide you with the best advice on how to proceed with your defense. A knowledgeable attorney will be able to help you navigate through complex legal proceedings while advocating for your rights during the process.
In addition to any legal hurdles, there are also social penalties that come along with a DWI offense such as higher insurance rates or difficulty finding employment due to having a criminal record. It is essential to keep these factors in mind when dealing with an arrest for drunk driving as they could have long-lasting effects that extend far beyond any court-ordered punishments. It is important to act quickly when considering possible strategies for defending yourself against DWI charges so that you can minimize any potential long-term repercussions.
At this stage, consulting an experienced attorney should be your top priority when faced with a DWI arrest or charge as they will be able to provide knowledgeable guidance throughout the entire process while advocating for your rights at each step along the way. A strong defense team can make all the difference in achieving an optimal outcome for your case so don’t wait – take action now!
Austin DWI lawyer – the difference:
From initial consultations to representation in court after your DWI arrest, our DWI criminal defense team will work tirelessly to ensure that your case is handled as efficiently as possible. We understand all too well how seriously a DWI conviction can affect your future, which is why our Austin DWI attorneys strive to minimize the penalties associated with a conviction or dismissal.
Whether you’re fighting an existing charge or trying to prevent one from happening in the first place, our Austin DWI lawyers are here to help. We will work with all parties involved to ensure that your case is handled as fairly and effectively as possible.
No matter what the situation entails, our dedicated Austin DWI attorneys will use their experience and expertise to build an effective defense strategy tailored specifically to your situation. Don’t let a single mistake impact your entire life; contact us today and get started on building the right defense for your unique circumstances.
What is the difference between a DWI attorney and a criminal defense attorney in Austin, TX?
Criminal Defense attorneys: Travis County criminal defense attorney represents all areas of criminal offenses in Travis County.
DWI attorney who practices in Travis County will not only have the same knowledge as criminal defense attorneys, they will also have a focus on matters related to a DWI in the Austin area, think of them as a type of criminal defense lawyer that concentrates on cases related to driving under the influence of drugs or alcohol.
Austin DWI Attorneys in depth:
Austin DWI attorneys understand the local legal system and have specialized knowledge on matters for your criminal defense, such as chemical testing, DWI laws, and other issues that may arise in a drunk driving case. When facing DWI charges, it is important to hire an experienced Austin DWI lawyer who can provide sound advice and represent you in court.
An experienced Austin DWI lawyer will be able to review the evidence and prepare an effective defense strategy. This can include challenging the legality of traffic stops, searching for any mitigating factors that could reduce your charge or penalty, exploring opportunities for diversion programs or alternative sentencing options, and ensuring your rights were respected throughout the legal process.
Having a skilled Austin DWI lawyer by your side can mean the difference between a conviction and dismissal or acquittal of charges.
In addition to providing representation in court, an experienced Austin DWI lawyer should also help you navigate administrative license suspension hearings with the Department Of Motor Vehicles (DMV).
These hearings usually take place after you have been arrested for DWI and involve both criminal penalties and license suspension rules. The outcome typically affects your ability to drive in the future; a good Austin DWI lawyer will be able to ensure you receive fair treatment during this process.
It is important to remember that each state has its own laws when it comes to dealing with drunk driving charges, so if you are charged with DUI or DWI, make sure you understand your local laws as well as any possible defenses before consulting with an attorney.
A qualified Austin DWI attorney has the expertise necessary to provide comprehensive legal assistance from start to finish, so make sure you chose one who has experience specifically related to DUI/DWI cases, not just any criminal defense attorney.
How long does it take for a DWI in Texas?
Following a DWI arrest, the process can feel long and drawn out. More so if you have not retained a DWI attorney.
Typically, if you are arrested in Travis County, your first appearance will happen around three to six months later. During this appearance, the court will gather information on whether you have an attorney. If you do have legal representation, they will begin to collect evidence and investigate the case to build your criminal defense.
The court will then schedule a first announcement setting that usually takes place 20-30 days after your initial appearance. At this time, you can enter a plea of guilty or not guilty as well as schedule a trial date for later down the line.
Your lawyer can also find flaws within the case that could potentially help with making decisions during your trial. After this setting takes place, there is usually another announcement setting that happens 20-30 days later. This allows for additional opportunities to make decisions about how the case should proceed as well as giving both sides more time to prepare for trial if necessary.
In general, it is important to remember that every case is unique and its timeline may vary from state to state and jurisdiction to jurisdiction. It is best to consult an experienced attorney who understands the laws in your area and how they may affect your particular situation.
Are there civil consequences of DWI arrests?
The short answer is yes, there are civil consequences of DWI arrests.
When it comes to license suspension for DWI arrests, there are a few important considerations that must be kept in mind. Upon being arrested for driving while intoxicated (DWI), the arresting officer will issue you a notice of suspension that outlines the fact that your license will be suspended within 40 days unless you request an administrative license revocation (ALR) hearing within the 15-day period established by the notice.
The notice itself acts as a temporary permit, allowing you to drive until the 24-hour mark if you were driving a commercial vehicle at the time of the arrest. It is strongly encouraged to take advantage of this opportunity and request an ALR hearing as soon as possible, as doing so may lead to mitigating any negative consequences associated with such action.
During an ALR hearing, typically, your criminal defense attorney, or DWI attorney, will be the one handling this part of your case as well.
A judge or other government official usually presides over proceedings and evaluates all available evidence pertaining to your case. This could include testimony from law enforcement officers, witnesses, and any other pertinent data collected at the time of your arrest.
During this process, the judge can determine whether there was sufficient cause for your arrest in the first place and can decide whether your license should be suspended due to a violation of state law.
If it is determined that no probable cause existed at the time of your arrest, then your license may remain intact, and no suspension will be enforced against you.
On the other hand, if it is determined that sufficient cause did indeed exist for your arrest in accordance with state law, then you may face certain penalties including but not limited to license suspension as well as fines and/or jail time depending on the severity of the offense.
It is important to note that any evidence submitted during an ALR hearing must meet certain standards of admissibility, which are outlined in various legal statutes both nationally and internationally.
Additionally, even if sufficient cause is found by a presiding judge; various states have introduced legislation known as “Implied Consent” laws which establish terms under which DWI arrests must comply with otherwise face further harsh penalties including but not limited to longer-term or permanent license suspensions regardless of mitigating circumstances presented during an ALR hearing.
All these factors should be taken into consideration when evaluating one’s position regarding their DWI arrest and potential subsequent license suspension.
How do I get my DWI license back in Austin?
In Texas, if you have had your license suspended due to a violation or another legal issue, you must take certain steps in order to reinstate your driver’s license and get it back. The process may vary slightly depending on the specific offense and any other penalties associated with the suspension. Generally speaking, though, these are the basic steps necessary to get your license reinstated in Texas:
If no prior requirements are needed, once your suspension is up, you would follow the steps outlined by DPS, pay your reinstatement fee, and obtain a new license.
If however, there were other matters that had to be met prior to your reinstatement, here is a non-inclusive list as examples of what you may have to do to obtain your license back:
1. Obtain a Certificate of Completion: Depending on the circumstances surrounding your suspension, you might need to attend a drug or alcohol education course prior to getting your license back. If required, make sure to obtain the official certificate of completion for this program before you can move on with the other steps.
2. Pay Reinstatement Fees: Once you have all of the paperwork in order, you will need to pay any applicable fees associated with reinstating your license. These may include an administrative fee as well as a reinstatement fee that is determined by the severity of the offense that led to your suspension and/or any other punishments that resulted from it.
3. Get an SR-22 Insurance Certificate: You will also need to obtain an SR-22 insurance certificate from your auto insurance company issuing agency and provide proof of financial responsibility when you file for reinstatement of your driver’s license in Texas. This document serves as proof that you have sufficient liability insurance coverage in case of an accident involving another person or property damage resulting from driving negligence.
4. Submit Your Paperwork and Payment: All paperwork submitted must be filled out accurately and completely; however, now Texas makes it relatively easy for drivers who want their licenses reinstated after a suspension period by allowing them to submit paperwork electronically via email or through traditional mail services with check payments attached.
Note: It usually takes up to two to three weeks for processing time before they will clear your name in their system and give you permission to get a new driver’s license issued in TX again; so be sure to plan ahead!
What is an occupational license?
If you have been convicted of DWI in Texas, you may be eligible to apply for an occupational license. Also known as an essential need license, this is a restricted permit that allows you to drive a non-commercial vehicle for specific activities.
To be eligible for an occupational license, you must meet the following criteria:
# You must have a valid Texas driver’s license that has been suspended or revoked due to a DWI conviction.
# You must not have been convicted of any other alcohol-related offense within the past five years.
# You must not have had your license suspended or revoked for any other reason within the past year.
# You must demonstrate that you have a need for an occupational license, such as maintaining employment or attending school.
If you meet the above criteria, you can apply for an occupational license by submitting the following to the court:
# A completed application form
# A copy of your driving record
# A letter from your employer or school verifying your need for the license
# The required fee
# Proof of insurance
# A certificate of completion for an approved DWI education program
# A substance abuse assessment if ordered by the court
Once your application is submitted, the court will review it and may grant or deny your request for an occupational license. If granted, your license will be valid for a period of time determined by the court, typically between three and twelve months.
NOTE: each county in Texas has different ways they handle DWI – this is NOT an all-inclusive list. It is ONLY meant to be a guide. This is a complex legal undertaking and we highly recommend that you consult an experienced DWI attorney before attempting to apply for an occupational license.
What are the consequences of a first DWI in Austin?
If you are an adult who has been arrested for DWI charges for the first time with a BAC a .14 or lower is a Class B misdemeanor and carries with it certain penalties. The minimum jail time for a first-time DWI offense is 72 hours or 3 days; if there was an open alcohol container in your vehicle, then the minimum jail time increases to 6 days. The maximum jail time for a first-time DWI offense is 180 days or 6 months.
Additionally, if you are found guilty of the crime or even if you simply test positive for a high BAC via blood, breath or urine sample, your driver’s license will be suspended for between 90 days and 1 year and in most cases you will have to place an interlock device on your car.
You can challenge such a driver’s license suspension by submitting a written request within 15 days of notification of the suspension; this request should include as much information and detail about the case as possible.
In some cases, those who have received DWI suspensions may also be able to apply for and get an occupational license – often referred to as an essential need license – that allows them to drive a non-commercial vehicle for specific activities.
This type of license requires more detailed documentation than just a standard driver’s license application, so it is important to include higher semantic richness while writing out your application in order to increase your chances of it being approved.
IN SUMMARY – First-time DWI charges:
Up to a $2,000 fine.
Up to 180 days in jail upon conviction with three mandatory days.
Loss of driver license up to a year.
What is the difference between DUI and DWI in Austin?
The main difference between a DUI and DWI in Texas is the level of alcohol or drug impairment. A DUI is a less serious offense than a DWI, with a lower blood alcohol content (BAC) threshold of .08 for adults aged 21 and over. A person can be charged with a DUI if their BAC is higher than .08, but lower than the legal limit of .15 for DWIs. It should be noted that certain drugs can also trigger a DUI charge, regardless of the BAC level.
In addition to the difference in BAC thresholds, there are also differences in the punishments imposed for DUI and DWI convictions. Generally speaking, being convicted of a DUI generally results in lighter penalties than those associated with DWI convictions.
For example, first-time offenders can expect to receive fines, mandatory alcohol awareness classes and license suspensions as part of their punishment for DUIs while those found guilty of DWIs may face jail time.
Furthermore, an individual’s record from either offense will stay on their driving record for three years from the date of conviction or plea bargain—though both offenses can remain on your criminal record indefinitely depending on your jurisdiction. Additionally, DUIs are typically considered misdemeanors while DWIs are felonies for repeat offenders.
Another key distinction between DUI and DWI concerns what an individual does prior to getting arrested; individuals suspected of impaired driving may still face charges even if they refuse to take any breathalyzer test or field sobriety tests when pulled over by law enforcement officers.
Refusal to take such tests often leads to harsher penalties upon conviction as it implies guilt. This is more common with DWI charges than DUI charges due to the more serious nature of the former offense.
How likely is jail time for a first DWI in Texas?
It is possible that jail time could be handed down for a first DWI conviction in Texas, but it is not a given.
And in a number of cases, if you do elect probation, the court will consider your jail time served when you were arrested and booked for your original DWI arrest.
Moreover, the courts are more likely to hand down fines, community service, and/or license suspension as a punishment rather than sentencing someone to jail time. This is especially true when it comes to first-time offenders who have no prior criminal record.
That said, if the case involves an unusually high Blood Alcohol Content (BAC) or other aggravating factors like reckless driving or endangering others on the road, then jail time may be a more likely outcome.
However, with an experienced DWI defense lawyer on your side, it may be possible to avoid or reduce any potential jail sentence by negotiating an acceptable alternative penalty with prosecutors.
Contact the Law Offices of RRK today to speak with a DWI attorney today. It could be the difference between a long drawn-out legal process that could have life-long consequences and a brief episode with the law that will stay where it belongs, the past.
We are the DWI lawyers you can count on.
