Austin DWI Attorneys

Helpful Information for DWI Cases in Austin

Your Constitutional Rights During a DWI Stop

Most DWIs result from traffic stops rather than checkpoints. If you are pulled over, do not drive away. Failing to stop can result in additional penalties for evading arrest in a motor vehicle. Use your blinker, move to the far right of the road, and park away from traffic flow. Once stopped, be respectful and say as little as possible. The officer will ask for your license and registration and may engage in small talk to gather incriminating evidence.

If you are pulled over under suspicion for DWI, you have the right to:

• Refuse all tests, including field sobriety tests, breath tests, and blood tests.
• Force the police to obtain a warrant for a blood draw.
• Politely decline to answer questions from the officer.

Remember, you have the right to remain silent.  While refusing to answer questions may not prevent a DWI arrest, it can help avoid you self-incrimination.

Common Mistakes After a DWI Charge in Austin

Facing a DWI charge in Austin can be overwhelming, and individuals often make critical mistakes that can negatively impact their case.

Understanding and avoiding these common errors is essential:

• Not Taking the Charge Seriously
  Underestimating the severity of a DWI charge can lead to harsh penalties.
   
• Failing to Request an ALR Hearing
  Not requesting an ALR hearing within 15 days can result in automatic license suspension.
   
• Providing Too Much Information
  Speaking to law enforcement without an attorney can lead to self-incrimination.
   
• Choosing Not to Hire a DWI Attorney
  Not hiring a DWI lawyer can reduce the chances of a favorable outcome.
   
• Delaying Legal Advice
  Waiting too long before you reach out to an attorney for help can limit defense options and decrease the likelihood of getting the DWI charge dismissed.

Common DUI & DWI Questions

How Much Does a DWI Cost in Texas?

In Texas, the cost of a DWI conviction can be substantial. The cost can vary depending on several factors, including the severity of the offense and any aggravating circumstances. It’s helpful to build a budget with unexpected costs in mind to anticipate the financial impact of a DWI charge effectively.

Here are some of the potential costs associated with a DWI conviction in Texas:

• Fines: A DWI conviction in Texas can result in fines of up to $2,000 for a first offense, up to $4,000 for a second offense, and up to $10,000 for a third offense.
• Court Costs & Legal Fees: Defendants are responsible for paying associated court costs and legal fees. These can vary depending on the severity of the offense.
• License Suspension & Reinstatement Fees: If convicted, the driver's license will be suspended. To reinstate, the defendant will need to pay a fee of up to $125. These fees are often interrelated with court-imposed penalties and adhere strictly to administrative deadlines.
• Ignition Interlock Device: Depending on the circumstances of the case, the court may require the defendant to install an ignition interlock device (IID) on their vehicle. The defendant will be responsible for paying for the installation and maintenance of the IID.
• Increased Insurance Premiums: A conviction can result in higher car insurance premiums. The cost of insurance can increase by hundreds or even thousands of dollars per year.
• Alcohol Education Classes: Depending on the circumstances, the court may require the defendant to attend alcohol education classes and be responsible for paying for them.

How Long Does a DWI Case Take in Texas?

The length of a DWI case can vary depending on several factors, such as the complexity of the case, the court's schedule, and the defendant's willingness to accept a plea deal or go to trial. Generally speaking, a first-time DWI offense in Texas may take several months to resolve.

The case usually starts with an arrest, followed by a bond hearing, arraignment, pre-trial motions, plea negotiations, and eventually, trial. If the case goes to trial, the process can take longer, and it may take several months or even over a year to reach a verdict. However, many cases are resolved through plea negotiations, which can expedite the process. It's important to note that every case is unique, and the length of a DWI case can vary depending on the specific circumstances. It's best to consult with qualified DWI lawyers in Austin for more information on the timeline of a DWI case and what to expect throughout the process.

What Is the Difference Between DWI & DUI in Texas?

You may have come across DWI (Driving While Intoxicated) and DUI (Driving Under the Influence). In Texas, the difference between DWI and DUI is subtle but important. Recognizing these distinctions is key to understanding their varied legal implications and defense tactics.

• DWI: This charge typically applies to drivers over the age of 21. If you are pulled over and your blood alcohol concentration (BAC) is above 0.08%, you will likely be charged with DWI. Texas law also allows for DWI charges even if your BAC is below 0.08% if you exhibit signs of impairment, due to the state’s zero-tolerance policy for alcohol impairment on the road.
• DUI: This charge is generally applied to drivers under the age of 21. In Texas, any measurable amount of alcohol in your system can lead to a DUI charge, regardless of your BAC. This is true even if you do not appear impaired. However, as mentioned above, underage drivers can still be charged with DWI if the circumstances warrant.

The major difference between a DWI charge and a DUI charge is the severity of the penalties. While both DUI and DWI charges will lead to a suspension of your driver’s license, the suspension periods are much shorter for DUI than they are for DWI. For DUI, your license will be suspended for 60 days after the first offense, 90 days after the second offense, and 180 days after the third offense.  These periods can be increased if you are charged with any other alcohol-related offenses, such as an open container in the vehicle. The penalties for DWI are much higher. If you were charged, contact our DWI lawyers in Austin.

What Happens If I Refuse a Breath Test?

Refusing a breath test in Texas during a DWI stop can have serious implications (the same is true of other chemical tests, such as a blood test). When you drive in Texas, you consent to submit to chemical tests under the state's implied consent laws. Refusal can lead to an automatic license suspension, typically lasting 180 days for a first refusal and potentially longer for subsequent refusals or if there are previous convictions.

However, refusing a breath test does limit the state’s immediate access to primary evidence of intoxication. It’s important to consult with a DWI attorney in Austin to navigate the complexities of possible repercussions and develop informed defense strategies if you face DUI or DWI charges following a refusal.

Are Field Sobriety Tests Mandatory in Austin?

Field sobriety tests are not mandatory in Texas. These roadside tests, designed to gauge impairment, include exercises such as the walk-and-turn or one-leg stand. While refusal to perform these tests cannot result in automatic license suspension, taking them might provide additional evidence against you. Contact our DWI defense attorneys in Austin to discuss how participating or declining can impact your case.

When Is a DWI a Felony in Texas?

In Texas, a DWI can be classified as a felony under certain circumstances, such as:

• Multiple DWI Convictions: If an individual has two or more prior DWI convictions, any subsequent DWI offense can be charged as a felony. The prior convictions could be from any jurisdiction within the United States, not necessarily limited to Texas.
• DWI with Serious Bodily Injury: If a person causes serious bodily injury to another individual while driving under the influence, it can result in a felony DWI charge. Serious bodily injury refers to injuries that create a substantial risk of death or cause serious permanent disfigurement or protracted loss or impairment of a bodily member or organ.
• DWI with Death: This offense is commonly referred to as “intoxication manslaughter,” which occurs when an individual operates a motor vehicle in a public place while intoxicated and, as a result, causes the death of another person, whether it be a passenger in their own vehicle, occupants of other vehicles, or pedestrians. Intoxication manslaughter is a serious offense in Texas and is considered a felony. 
• DWI with Child Passenger: If a person is arrested for DWI while there is a child under the age of 15 in the vehicle, it can be charged as a felony offense. This provision aims to protect children from being endangered due to impaired driving.

It's important to note that the penalties for felony DWI in Texas can vary depending on the specific circumstances of the case and the defendant's prior criminal record. 

Contact our Austin DUI/DWI lawyers online or by calling (512) 359-3743 today!