RRK Law Attorneys at 13785 Research Blvd, #125, Austin, Texas 78750 - will primarily aim to DISMISS OR REDUCE your DWI charges. RRK Law has been consistently referred to by our clients as one of the best Criminal Defense Attorneys in Travis County and Williamson County, Texas.
Do I need an Austin DWI Lawyer in Travis County, Texas?
While it is not mandatory, facing charges for a DWI offense can be a scary experience, especially without an experienced DWI attorney. Contact the Law Offices of RRK today for your free consultation and ensure you are getting the best criminal and DWI defense when facing DWI charges in Travis and Williamson Counties.
If you're considering whether to work with an Austin DWI lawyer, some important questions to consider are:
- What is your criminal history?
- Is this your first time being charged with a DWI offense?
- Did anyone suffer injuries during the accident?
- What was your blood alcohol concentration (BAC) level when you were arrested?
- What was the reason for your initial stop?
If you get convicted of DWI in Texas, you can face severe consequences such as imprisonment, a substantial fine, and losing your driving license, as per the Texas Department of Transportation (TxDOT).
Moreover, this conviction will have a significant impact on getting a job, loan, and housing in the future. Hence, even though it is not necessary, it is advisable to speak with RRK Law and speak with our Austin DWI lawyers to safeguard your future.
Do I Have to Answer Police Questions During a DWI Traffic Stop?
The officer who suspects that you were driving drunk may ask you questions. Your answers will likely be videotaped and used by the prosecution.
We suggest that you only give your identity and insurance details and avoid providing any additional information. The more evidence an agent of the State has against you, the higher the chance that your case may go without a reasonable offer - meaning you're likely going to trial because the State has a good case against you.
What happens after a DWI arrest?
DWI arrests often share similar characteristics, but each case is unique. If you take a blood or breath test and your blood-alcohol content is over the legal limit, your driver's license may be suspended. The same is true if you refuse to take the test.
It should be noted that when the only option given by a police officer is a blood draw, and you refuse to give your blood, officers typically seek a warrant from a judge and get them.
Your license will not be taken, most likely, at that point (only in blood test refusal cases). The police officer will wait until they obtain the results back from the lab before determining whether to suspend your license or not.
HOW LONG DOES IT TAKE FOR JAIL RELEASE AFTER DWI ARREST IN TRAVIS COUNTY?
Typically, no less than 24 hours.
After the arrest, the Travis County Pre-Trial Services Office will conduct an interview with the defendant to determine if they are eligible for a personal bond. If approved, the defendant will only need to pay, usually, a $40 fee to the office for the PR Bond.
Bail is the most affordable method to secure release from jail, but it may not be the optimal choice for various reasons.
If someone is arrested at 2:00 a.m. for a DWI, they may not see the judge who sets the bond until noon or even late afternoon. Additionally, if many people are arrested, it may take the Pre-Trial Services Office more than 12 hours to approve a bond for a specific defendant.
It is common for an individual who has been arrested for DWI at 2:00 a.m. to be granted release on personal bond between 6 and 10 p.m. It is understandable that many of my clients would prefer to be released earlier than that, if possible.
The Pre-Trial Services Office has strict eligibility criteria for personal bonds. It is common for a person to be denied a personal bond unless they have hired an attorney.
Once the background check is done, the judge will determine if the bond should be approved or denied. To increase the chances of approval, having a lawyer present the bond is recommended.
Once approved, it usually takes 2-4 hours for the bond to get processed and for the arrestee to be released from jail. However, if an attorney is not involved, the process may take longer because the arrestee will have to wait in a queue with other inmates awaiting bond approval. Seeking legal assistance can help to speed up the processing time.
What is Implied Consent?
Texas has an "Implied Consent" law that is present in almost every state in the country. This means that when you accept a driver's license, you are agreeing to provide a breath or blood sample to law enforcement if requested. It is not explicitly stated when receiving a driver's license.
What is the Statutory Warning?
In Texas, if you are suspected of driving while intoxicated (DWI) and subsequently arrested, the officer will provide you with the DIC 24 âStatutory Warning.â This document outlines the relevant sections of the Texas Transportation Code with regard to the penalties you may face for refusing to take the breath test. It is mandatory for the officer to provide you with this warning, as required by law.
How long will my license be suspended?
The breakdown is categorized by age: Refusals under 21 and Refusals over 21. For individuals who are 21 or older, if they refuse to provide a specimen, their license may be suspended for 180 days for the first offense.
Also, if they blow over a .08, their license may be suspended for 90 days for the first offense. Minors could face a 180-day suspension for refusing a breath test and 60 days for failing the breath test on their first DWI offense. If it is a subsequent offense, drivers may face a two-year suspension.
Where is my driverâs license?
Upon being released from jail, you will receive a DIC 25 "Notice of Suspension" form in your release paperwork. This document serves as your TEMPORARY DRIVING PERMIT, since your driver's license will have been taken away.
Pay close attention to the final paragraph on the DIC 25 - it explains how to request a hearing on your license before it gets suspended. Failing to request a hearing within 12 days of your arrest will result in your license being automatically suspended 42 days after your arrest date.
It is crucial for you to get in touch with a DWI lawyer right after your arrest to ensure the best possible outcome for your driver's license hearing. I will help you request the hearing and take the necessary steps to provide effective representation toward winning it.
What is a driverâs license hearing?
The ALR is the short form for Administrative License Revocation, which usually refers to the license hearing. Although the outcome of the ALR hearing does not affect the result of your DWI case, it is still a crucial part of it.
We can request paperwork and discovery during the ALR hearing from DPS, which will be used against you at your DWI trial. Since the ALR hearing takes place earlier, we can prepare a strong defense sooner.
What happens at the ALR hearing?
To win your ALR hearing, DPS needs to demonstrate that there was reasonable suspicion for a stop, probable cause for your arrest and that you were given an opportunity to consent to a breath or blood test.
What happens if my driverâs license is suspended?
If DPS proves these three things, and your license is suspended, everything is still okay. If it is your first offense, we can get an Occupational License right away to allow you to drive to work, the doctor, school, the grocery store, and other places required to carry out essential household duties.
Also, because we subpoenaed the police officers involved, we have an opportunity to cross-examine them about their case and lock them into their side of the story. If they change their testimony at trial, we can impeach them with their testimony from the ALR.
Note: Your attorney can contest a license suspension decision made by a third party in this important hearing. Expert legal advice is necessary to do so.
What if the officer doesnât come to the ALR hearing?
If the officer fails to respond to the subpoena and does not show up at the ALR, then your ALR may be dismissed by DPS, and as a result, your license will not face suspension.
Note: You can expect to receive an email notification about your DWI charge within 1-2 business days. Texas' DWI law does not permit the prosecutor to impose a civil penalty such as a license suspension if you fail to appear - as long as you have an attorney present that you have hired to represent you - even if the police officer does show.
We do NOT recommend that our clients appear at the ALR hearing as they can be called as a witness. The onus should be on the State at this civil hearing and the criminal one.
RRK LAW - Criminal Defense Attorney
Our Law Office has extensive experience with DWI cases. We have represented hundreds of clients, having successfully dismissed countless DWIs, along with having other DWI charges drastically reduced. Contact RRK legal counsel today for your free consultation. If you have more DWI-related questions, head on over to our dedicated DWI page or our blog.