Austin DWI Lawyer
Everyone makes mistakes. Sometimes that mistake may be driving while intoxicated. People typically do not have evil intentions when they decide to drive drunk but the fact remains that it is a crime to do so. Texas takes a tough stand against drunk driving and an arrest can be devastating to your future. Such an arrest can result in jail time, fines, a criminal record, the loss of your driver’s license, and disqualification from employment. It is important to understand that you have options if you have been arrested for DWI. Dan Dworin is an Austin criminal defense attorney and has been practicing law since 1995. Dan is certified by the Texas Board of Legal Specialization as a specialist in criminal law. He is experienced in handling drunk driving cases and will protect your rights throughout the process. Contact our office today to speak with a lawyer.
Austin attorney representing those charged with drunk driving
Texas has strict laws dealing with DUI and DWI cases. It is a crime in our state to operate a vehicle with a BAC of .08, or after having lost the normal use of mental and physical faculties due to drinking alcohol, taking drugs (including over-the-counter or prescription drugs that can affect the ability to drive safely). The first offense for driving while above the legal limit will result in three to 180 days in jail, a fine of up to $2,000, and a suspension of one’s driver’s license. A second offense will result in a sentence of one month to one year in jail and a fine of $4,000 while a third offense will result in two to ten years in prison and a fine of up to $10,000. If the defendant’s blood alcohol content was above .15 then they will be charged with an “aggravated” DWI and may face Class A misdemeanor punishment of up to one year in jail, even on a first offense. Additionally, the Texas Department of Public Safety will impose a “surcharge” of, at minimum, $1,000 per year for three years to renew your driver’s license after a first DWI conviction. You can also expect your auto insurance rates to go up significantly after a DWI conviction. For that reason, it is important to hire an experienced lawyer for a DWI case to avoid these additional consequences if possible.
Drunk driving cases begin with the arrest of the defendant. A trial date will be set and the defense will be provided with evidence, by the prosecution, known as discovery. This evidence will include the arrest report, the blood test results, and more. There are multiple avenues through which an accused person may challenge a DWI arrest. First, if police did not have “reasonable suspicion” of a crime then they may have lacked legal authority to stop the vehicle. Second, if proper procedures were not followed during a blood draw – including a careful examination of any blood search warrant which may have been issued – then it may be possible to have the blood test results excluded from any Court proceedings. Also, if blood evidence was not properly handled by law enforcement, from the time of the draw through the time of trial, then it may be possible to have the breath or blood alcohol concentration (BAC) results ruled inadmissible. Challenging the arrest can involve complicated legal issues and it is crucial that you retain a lawyer familiar with handling such matters. Before any of his clients walk into the courtroom, Dan always takes the time to review all the evidence, including the police video, with them in his office. That way, they know for sure what they are up against and what is a likely outcome before having to make decisions in court.
In addition to the criminal charge of Driving While Intoxicated, there is also an administrative license suspension process. If you are arrested, the police will confiscate your license. You then have 15 days after your your arrest to request a hearing on the suspension of your license; failing to do so can cause you to lose your ability to drive for up to two years, depending on your prior DWI history. A very important part of quality Driving While Intoxicated defense work includes litigating these administrative hearings. If he judge orders a suspension after a hearing, a good DWI attorney will also help you to obtain an occupational license, which allows you to continue driving during a suspension period. Dan handles these matters as part of his representation of all of his clients who have DWI cases, and understands how important it is that they be able to drive for work and personal reasons even after a DWI arrest. Do not wait to talk to an experienced DWI defense attorney after you get out of jail; important deadlines can be missed so getting counsel hired quickly is very important.
Our Austin criminal defense attorney is experienced in handling drunk driving arrests and takes such matters very seriously. Once retained Dan will immediately obtain all available evidence and begin formulating a defense. If he believes that the police violated your rights, and did not have the right to stop your vehicle, then he will quickly file the appropriate motions with the Court. Dan will also challenge the admission of evidence which was either collected improperly or handled improperly after collection. If a dismissal of the charges is not possible then our lawyer will work to reach the best resolution possible on your behalf. Our firm will be in regular contact with you throughout the process, Dan will make himself available to answer your questions, and we will make sure you know what to expect as the matter progresses. Our firm understands that you are facing a serious situation and we will take it seriously.
Austin lawyer providing quality service to those arrested for DWI
Dan recognizes that many of those arrested for DWI in the Austin area have never interacted with the legal system before. It is understandable for you to be apprehensive over having to appear in Court. Our lawyer strives to make the experience as pleasant as possible by providing quality service. Dan strives to respond to phone calls and emails on the day that they are received and he makes himself available to address concerns you may have. We understand that this is a stressful time in your life. It is our goal to guide you through this process.
Our firm also serves the cities of Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, Georgetown, Cedar Park, Leander, and San Marcos, Texas.