Austin DWI Attorneys

Penalties for DUI & DWI in Texas

Texas has some of the toughest DWI laws in the nation. Depending on the severity of the drunk driving charge, you may face jail time, fines, community service, and/or the loss of your license. It is important to understand the potential consequences so you can make an informed decision about your case. Consulting with a DUI lawyer in Austin early on can be instrumental in understanding these high stakes and planning a strategic response. 

Some of the penalties for a DWI conviction include the following:

• In Texas, a first-offense DWI is usually a class B misdemeanor. This is punishable with a fine of up to $2,000 and/or up to 180 days in the county jail. There is no deferred adjudication in Texas for DWI. Accepting any form of probation results in a criminal conviction.
• A second DWI is usually a class A misdemeanor. Punishments include a fine of up to $4,000 and/or up to a year in the county jail.
• A third DWI can be charged as a third-degree felony. Punishments include up to a $10,000 fine and/or 2 to 10 years in prison.

In addition to the financial cost, it is crucial to understand the potential consequences of a DWI conviction. A conviction can have life-long consequences. For example, you will never be able to seal your record, and a conviction will make it much more difficult to get into college or the military or find a decent-paying job. If you were arrested, talk to a knowledgeable DUI lawyer in Austin as soon as possible to explore your legal options and mitigate these impacts.

How Is a DWI Different From a DUI in Texas? 

In Texas, the distinction between DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) primarily revolves around age and the level of impairment:

• DWI is a charge for individuals driving with a blood alcohol concentration (BAC) of 0.08% or higher. It applies to drivers of any age and is considered a more serious offense, often resulting in harsher penalties like fines, license suspension, and potential jail time.
• DUI is specifically for drivers under the age of 21 who are found operating a vehicle with any detectable amount of alcohol in their system. Since it's illegal for minors to consume alcohol, a DUI can be charged even if the BAC is below 0.08%. This offense is generally classified as a Class C misdemeanor, leading to penalties like fines, community service, and license suspension

Common Defenses Against a DUI/DWI Charge in Austin

Every day, thousands are pulled over for suspected DWI. Unfortunately, many of the accused believe officers have them “dead to rights” because they submitted to a breathalyzer test or they “confessed” to drinking and driving. At Smith & Vinson Law Firm, we fight for the rights of drivers across Austin who have been arrested for driving while intoxicated. Remember, the police may only need probable cause to arrest you for DWI, but the prosecutor will need to prove your guilt beyond a reasonable doubt in order to secure a conviction. Our Austin DWI lawyers can build a strong defense against even the most seemingly “open-and-shut” case, challenging evidence and the arresting officer’s testimony to protect your interests.

Our DWI attorneys in Austin may be able to weaken the prosecuting attorney’s case by:

• Questioning the administration and grading of field sobriety tests.
• Challenging the reliability of a breath test or blood test.
• Challenging the validity of the initial police stop.
• Uncovering a violation of your constitutional rights.

Challenging Probable Cause in DUI/DWI Cases

Probable cause is a legal standard that allows officers to exercise their authority. It is crucial in various criminal cases, including DWIs, as it dictates when police can lawfully search, stop, question, or detain a citizen. For a police officer to pull over a driver and make a DWI arrest, they must first establish probable cause. This requirement ensures that officers cannot arbitrarily stop drivers without a valid reason. 

For example, a Texas officer can establish probable cause in a traffic stop if they notice:

• An out-of-date registration
• A broken taillight
• Speeding
• Swerving
• Driver’s failure to put on the turn signal
• Driver’s failure to turn on headlights in dangerous conditions

Even if an officer makes a routine traffic stop and has probable cause to do so, they must still have probable cause to administer a breath or blood test, search your vehicle, or arrest you for DWI. For this, probable cause could be established in a DWI case if the officer notices an odor of drugs or alcohol coming from the vehicle, physical behaviors, and characteristics indicating intoxication, or drugs, alcohol, or paraphernalia in plain view.

Challenging probable cause is a crucial defense strategy in DWI cases. 

By questioning whether the officer had a legitimate reason to initiate the stop, drivers can contest the validity of the arrest or charge. If an officer cannot establish probable cause, they cannot legally pull someone over and arrest the driver. Therefore, if an officer pulls someone over without probable cause or administers a breath test without probable cause, then any arrest they make because of that traffic stop will typically not hold up in court. 

Questioning Police Testimony in Austin Drunk Driving Cases

Despite the fallibility of officers, many DUI cases weigh heavily on their testimonies. Some traffic stops occur late at night when no one else is around, which becomes “he-said-she-said.” Unfortunately, officers don’t always get the facts straight, leading to innocent people being accused of crimes they didn’t commit. As DWI attorneys in Austin, we test the authority of an officer’s testimony given the facts. We don’t assume the officer’s story is how it happened. We make sure it is scrutinized for inconsistencies. After all, no one deserves to be put in jail because a cop just thought they smelled like alcohol.

Challenging Results of a DWI Breath Test

Submitting to a breath test may seem like conclusive evidence, but the accuracy of these tests can be questionable. Several factors can lead to inaccurate readings, especially when a person's BAC is close to the legal limit. Understanding these factors is crucial, as they can “tip the scales.” Our DWI lawyers in Austin are well-versed in the many ways that breath tests can be erroneous or mishandled.

Various factors can impact the accuracy of breathalyzer tests, including:

• Electrical Interference: Devices nearby can interfere with the breathalyzer's readings.
• Blood Composition: Individual variations in blood chemistry can affect results.
• Body Temperature: Higher body temperatures can lead to higher BAC readings.
• Presence of Other Chemical Compounds: Substances such as medications can skew results.
• Acid Reflux: Can introduce alcohol from the stomach into the mouth, affecting readings.
• Fluids in the Mouth: Residual alcohol-containing fluids can lead to falsely high BAC.
• Mouthwash: Alcohol-based mouthwash can temporarily increase BAC readings.

Police officers often use preliminary tests to gauge intoxication. According to data from the Jacksonville DUI lawyers at Monroe & King, P.A., statistics show that 83% of people who fail a one-leg stand test have a BAC above the legal limit and 88% of people who fail a horizontal gaze nystagmus test have a BAC above the legal limit. These statistics underscore the importance of considering all factors when evaluating breathalyzer results.

Helping You Keep Your License After an Austin DWI Arrest

Are you wondering if a DUI/DWI attorney can help you keep your license after being arrested for drunk driving? The answer is yes! There are a number of ways to fight a license suspension, including fighting the charges against you, negotiating a plea resolution, and petitioning for a restricted license. The best way to keep your license following a DWI arrest is by aggressively fighting all angles of the charges. Hiring a DWI defense attorney as swiftly as possible increases your chances of managing and reducing the penalties you could face.

Some of the ways a DWI attorney in Austin can help you keep your license include:

• Challenging DWI Charges: One type of license suspension results automatically from a DWI conviction. A standard license suspension for a first drunk driving offense can be as much as 90 days. However, if you're not convicted, there is no suspension. Aggressively fighting the merits of the DWI charge or negotiating a favorable plea agreement may save you from suspension.
• Petitioning for a Restricted License: If you have a license suspension because of a DWI arrest, there's a chance you may qualify for limited driving privileges. There are a number of things you need to do in order to qualify for limited driving privileges. While there are still some limitations, a restricted license may allow you to continue to work during the period of suspension.

Facing DUI charges? Contact our DUI defense attorney in Austin by calling (512) 359-3743 today!