Austin DWI Lawyer

If you were arrested for DWI in Austin, Texas, call Kiele Pace now at (512) 480-9020 for a free telephone consultation. Some DWI attorneys will insist that you visit their offices then subject you to a high-pressure sales pitch but I am happy to give you a quote over the telephone after a brief interview.

I have been trained to administer the same Standardized Field Sobriety Tests used by law enforcement and I use my knowledge and experience with those procedures to detect problems with the government's case. As an experienced DWI defense lawyer I work hard to get my clients great results including dismissals and reduction of charges whenever possible.

Is a DWI the same as a DUI?

In Texas, DWI is not the same thing as DUI. A person may be charged with the crime of Driving While Intoxicated (DWI) if he operates a motor vehicle in a public place while intoxicated. For the purpose of DWI in Texas, you are legally intoxicated if you drink alcohol or take drugs that cause you to lose the normal use of your mental or physical faculties or if you have a blood alcohol content (BAC) of .08 percent or higher.

There is a separate offense in Texas called Driving Under the Influence (DUI) that applies only to drivers under the age of 21. It is illegal for a minor to drive with any amount of alcohol in his or her system. Thus, if a police officer smells alcohol on a minor who is not legally intoxicated, the officer may charge the minor with DUI even though he cannot charge the minor with DWI.

ALR Hearings (Administrative License Revocation)

When you are arrested for drunk driving in Austin, your driver's license will probably be suspended for failing or refusing to submit to a breath or blood test. You have just 15 days from your arrest to request an Administrative License Revocation hearing. If you or your attorney don't request the ALR hearing within 15 days, then your license will be suspended automatically.

Although it is possible for a defendant to win an ALR hearing, these are largely kangaroo courts, where the deck is stacked in favor of the government. Despite the unfavorable odds, I handle ALR hearings for no additional charge because they often provide a preview of evidence that can be helpful when building a defense to the underlying DWI charge.

I also pursue an Occupational Driver's License for no additional charge when the government prevails in the hearing and for clients who retain me as their DWI attorney after the 15-day ALR window has elapsed.

Consequences of a DWI Conviction

Texas law allows most first-time DWI offenders to be charged with a Class B Misdemeanor, which is punished with a maximum of 6 months in jail, a $2,000 fine, a temporary suspension of their driver's licenses, and a $1000 per year surcharge on their driver's licenses that lasts for 3 years. If a breath or blood test was administered at the time of arrest and the results indicated that the person's blood alcohol content was 0.15% or higher, then the charge is bumped up to a Class A Misdemeanor, which increases the maximum jail term to one year and fine to $4,000 fine. These are worst-case scenarios because the full range of punishment isn't imposed in most cases.

Most first-time DWI offenders are eligible for a suspended sentence, otherwise known as probation, of up to two years (18 months is typical for Travis County). Conditions of probation usually include community service, monthly meetings with a probation officer and attending alcohol counseling classes. A person who successfully completes probation on a first-offense DWI will not usually be subjected to jail time beyond what he served at the time of arrest.

A second DWI conviction is a Class A Misdemeanor and carries a maximum penalty of one year in jail; a $4,000 fine; a longer license suspension; and, if it occurs within three years of the first conviction, a $1,500 per year driver's license surcharge that lasts for 3 years. This is also a worst-case scenario and many defendants still qualify for probation, although usually with more onerous conditions than those imposed for a first DWI, including a few days jail time (as a condition of probation) and the installation of an ignition interlock device.

When a person has two or more previous DWI convictions and is charged with DWI again, it is a third degree felony. Also, if a DWI case involves death or serious bodily injury to another person, then the charge may be Intoxication Manslaughter or Intoxication Assault, which are second and third degree felonies, respectively.

A defendant convicted of a third degree felony faces a minimum of two years and a maximum of 10 years in the state penitentiary and up to a $10,000 fine. A defendant convicted of a second degree felony faces a minimum of two years and a maximum of 20 years in the state penitentiary and up to a $10,000 fine. In either case, felony probation can last up to 10 years.

In addition, felony probation for DWI is usually very harsh, including a minimum of 10 days up to a maximum of 180 days in jail as a condition of probation, hundreds of hours of community service and up to one year confinement in the Substance Abuse Felony Program (SAFP).

In addition to the direct consequences of a DWI conviction, there are potential collateral consequences that are too numerous to list here. For example, if a person has a Commercial Driver's License (CDL), then a first DWI conviction results in a one-year suspension of the CDL (three years if he was hauling hazardous materials). A second DWI results in a lifetime suspension, even if he wasn't driving a commercial vehicle at the time of the offense. Furthermore, an occupational license does NOT allow commercial driving.

The bottom line is that a person charged with DWI should choose a DWI attorney that will be as diligent as possible in defending him against the many consequences of a DWI conviction.

Preparing a DWI Defense

I prepare every case with the assumption that it may eventually go to trial. Very few Austin DWI cases actually make it all the way to trial but I find that being prepared for trial gives me a distinct advantage during pretrial negotiations and often results in a better disposition.

In preparing your defense, I will carefully examine police reports, witness statements, probable cause affidavits, police videos, test results and any blood warrants. Many decent DWI lawyers stop there but I am often able to get the best possible results for my clients by engaging in more in-depth preparation, like investigating the officer and his employment history, interviewing witnesses, visiting the scene, consulting experts and making use of private investigators to double-check questionable "facts" asserted by law enforcement.

It is not unusual for me to know significantly more about the government's case than the prosecutors themselves. I will file motions to challenge or suppress any unreliable or inadmissible evidence, including any evidence collected or created in violation of your rights. I am certified to administer the government's Standardized Field Sobriety Tests so I can identify problems with the way that the tests were administered and challenge an officer's conclusion regarding intoxication.

As I prepare a client's defense for trial, it is not uncommon for me to identify weaknesses in the government's case that ultimately cause the prosecutor to dismiss the charge or offer a substantially better plea bargain agreement, such as pleading to a lesser crime or one that carries less severe consequences, such as reckless driving or obstructing a highway.

Since my trial preparation begins during the negotiation phase of the case, I am generally in a superior position to evaluate the strengths and weaknesses of the prosecution's case against you and accurately weigh the risks of trial. I will give you the benefit of that evaluation when you are contemplating any plea deals offered by the government but the ultimate decision of whether or not to go to trial is always yours. Unlike most criminal defense attorneys in Austin, I do not charge my clients extra if they elect to go to trial.

Answers to Common Criminal Law Questions:

• What do you charge?
• Can an attorney get my case dismissed?
• Will my case go to trial?
• How can I find out if someone is in jail?
• How do I get someone out of jail?
• Has a warrant been issued for my arrest?
• What should I do if a warrant is issued for my arrest?