An Austin DWI Lawyer like Robert Kiesling, 512-436-2779, can be the difference between fines, jail time, a reduction in charges, keeping your driving privileges, and keeping a DWI conviction off your record.
Driving while intoxicated is a serious offense that can have significant consequences, including the loss of driving privileges, difficulty finding employment, and restricted travel. A DWI conviction in Austin can result in up to a year of jail time or more.
When facing such charges, it is crucial to have a strong legal defense. Robert Kiesling is a renowned criminal defense attorney, who can provide essential support in such DWI cases.
What Constitutes As Driving While Intoxicated in Texas?
"DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated [Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or a combination of two or more of those substances, or any other substance into the body;
or (b) Having an alcohol concentration of 0.08 or more.] while operating a motor vehicle in a public place.
(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours." - Texas Penal Code.
What is normal use?
In order to prove that someone was impaired, the State will look for evidence that they lost the standard use of their mental or physical abilities, often by examining the circumstances of the driving and the results of field sobriety tests. It is essential for defense counsel to challenge the concept of "normal" and what it really entails. Due to the field sobriety tests being challenging and anxiety-inducing, it's significant to note that individuals have varying capacities and responses to stress.
Dornbusch v. State, 262 S.W.3d 432 (Police encountered a vehicle not moving with the driver asleep or passed out in the driver’s seat and the engine still running with the car in gear. The vehicle was stopped against a curb. This was enough evidence to support a finding of operating.)
How much will a DWI cost in Texas?
In Texas, the fine for a first or second DWI offense can be up to $6,000.00, while a Felony DWI can cost up to $10,000.00 (including probation fines).
Types of DWI / DUI Offenses in Texas
Texas Driving Under the Influence (DUI) vs Driving While Intoxicated (DWI)
In Texas, there are two types of alcohol-related driving violations: DUIs and DWIs. DUIs are charged to drivers under the age of 21 who operate a vehicle with any trace of alcohol in their system due to Texas's zero-tolerance policy. Meanwhile, a DWI charge is given to drivers with a blood alcohol concentration (BAC) of 0.08 percent or higher.
If a driver shows signs of impairment by drugs or alcohol, such as failed field sobriety tests or slurred speech, the law enforcement officer might charge them with a DWI regardless of whether it's a "latter" situation.
DWI Charges in Texas
For first-time DWI offenders, if you are convicted, you could face a $2,000 fine, be jailed for 3 to 180 days, have your driver's license suspended for 1 year, and also pay additional fees. The penalties become harsher for subsequent offenses and a third arrest could lead to felony charges.
In cases of driving with an extremely high blood alcohol concentration or driving while intoxicated with a child in the car, there are additional sentence enhancements.
Penalties for DUI include a fine of $500, suspension of driver's license for 60 days, court-ordered community service of 20 to 40 hours, and mandatory participation in an alcohol awareness class.
MADD ranks Texas as the fourth state in the nation with the highest rate of alcohol-related traffic deaths. Approximately 40% of all motor vehicle accident fatalities in Texas involve drivers who consumed alcohol. Texas has enacted strict laws to punish drivers who drive under the influence of alcohol or drugs to decrease injuries and fatalities caused by drunk driving. The Texas Penal Code includes various statutes concerning drinking and driving.
Intoxication Assault
According to Texas Penal Code §49.07, if someone gets seriously injured in a traffic accident caused by a drunk driver, it is considered a third-degree felony. The law defines "serious bodily injury" as any injury that can endanger someone's life or cause significant and lasting damage or loss of function to any body part. If convicted of intoxication manslaughter, the offender can face up to 10 years in prison and a fine of $10,000.
Intoxication Manslaughter
In Texas, if a driver is driving under the influence of drugs or alcohol and causes a fatal motor vehicle accident, they can be charged with intoxication manslaughter under Texas Penal Codemarshaling §49.08. This is a very serious offense and is considered a second-degree felony. The maximum penalty for this offense is a fine of $10,000 and up to 20 years in prison.
Quality legal representation for DWI & DUI charges
As an Austin DWI attorney, I handle all kinds of DWI and DUI charges. At the Law Offices of RRK, I am committed to taking prompt action on your case if you've been charged with an alcohol-related driving offense. Time is always of the essence in these cases.
I can help you by using my experience to clear your name and minimize the serious consequences you are facing. With my knowledge of how the other side of the courtroom operates, I can use their tactics against them. Let me investigate your case and gather every useful piece of evidence for your defense.
Boating While Intoxicated
While most people are aware that driving under the influence is a severe offense in Texas, not many realize that they can face similar charges for operating a boat under the influence of drugs or alcohol. Many boaters are unaware that they risk being arrested for drinking while operating a boat.
Operating a boat while under the influence is a severe offense with penalties equivalent to a DWI. The main difference between a DWI and a BWI is that authorities do not require probable cause to stop and inspect a boat.
They have the authority to stop any boat they suspect of lacking the necessary boating equipment or meeting requirements.
It can be challenging to fight BWI charges because the defense cannot argue that the stop was illegal. To enhance your chances of success, it is crucial to hire a lawyer who has significant experience in BWI cases.
Commercial DWI
Every year, commercial trucks are responsible for transporting roughly two-thirds of the nation's freight, while commercial buses transport people. However, due to their size, these vehicles can pose a significant risk while on the highway.
To operate a commercial vehicle, most drivers must have a state-issued commercial license and be licensed by the U.S. Department of Transportation (USDOT). The USDOT's Federal Motor Carrier Safety Administration (FMCSA) has established a rule that making a driver with a blood-alcohol concentration (BAC) of 0.04 or higher drive a commercial vehicle is illegal (49 Code of Federal Regulations §382.201).
If you have a commercial driver’s license in Texas, the legal limit for blood alcohol concentration (BAC) is 0.04. This means that you can be arrested for driving while intoxicated (DWI) even if your BAC is below the standard legal limit of 0.08.
Additionally, if you have a Texas CDL and your BAC is over 0.08 while driving a personal vehicle, you will lose your CDL for one year.
If a driver is caught driving under the influence while on the job, they may face severe consequences such as incarceration, substantial monetary penalties, probation, community service, and a mandatory driver’s license suspension, which may cause the loss of a commercial truck driving job.
How Long Does a DWI Case Take in TX?
In general, it takes 3-6 months before you have to decide whether to plead guilty or set your case for trial. If you go to trial, the process can take anywhere from four months to more than a year before your actual trial date. Austin DWI attorneys like the Law Offices of RRK are important for several factors in this process. One of the most important is navigating the docket and marshaling the evidence the state will present against you. With the advent of blood draws, and ever-expanding complexities of tests associated with DWI arrests in Texas, criminal defense attorneys like RRK Law are crucial to streamline this process. To say the process can be overwhelming would be an understatement.
Will I go to jail, or probation for a DWI?
While it is true that getting a DWI can result in jail time, it is not always the case. For a first offense, probation is a common outcome, with probation periods ranging from 15 months to 2 years depending on the evidence and whether you have hired an experienced DWI attorney.
During this time, you will need to meet regularly with your probation officer and may be required to attend DWI classes or an abuse victim impact panel. Additionally, you will need to pay fines and court expenses.
And for those that have no enhancements for an accident or a BAC level above a .15, pre-trial diversion programs may be available - but only for your first offense. Only a lawyer practicing in that particular jurisdiction will be able to advise you on whether you are eligible and/or whether you should enter the PTDP.
WHAT HAPPENS ON YOUR FIRST DWI IN AUSTIN?
RRK Austin DWI lawyers explain generally, one should expect that after being arrested by the police in Travis County, the suspects are taken to Travis County Jail in Austin.
The magistrate judge may set bail and other conditions needed to release the defendant's property. However, this process is often slow and inefficient.
Once released, the defendant is given court dates and information on how to retrieve their property as restitution. DWI cases in Austin can typically take around eight to ten months to resolve.
It should be noted that hiring experienced Austin DWI attorneys like the Law Offices of RRK may help in securing a lower bond amount if the bondsman or the magistrate knows you have retained an Austin DWI attorney.
Now is Not the Time to Fight Your Case
While it is not against the law to dispute officers during your arrest, doing so often leads to negative outcomes. It is better to remain respectful, stand up for your legal rights, and wait for your day in court.
HOW LONG DOES IT TAKE FOR JAIL RELEASE AFTER DWI ARREST IN TRAVIS COUNTY?
The process of being incarcerated in Austin can last up to 24 hours and is very unpleasant. Usually, information about arrests in Travis County is available on the Travis County Sheriff's Department website.
Can a DWI Conviction be Expunged in Texas?
Under Texas DWI law and expunction statutes, it is not possible to expunge a DWI conviction from your record, even if you were convicted of a lesser offense (depending on the lesser offense and what your Austin DWI attorney has negotiated).
However, experienced Austin DWI attorneys should explain when one has DWI charges pending, even with a conviction you may be eligible, under certain circumstances, to file a petition for nondisclosure after two years from the successful completion of their sentence.
The more one looks at DWI charges, the more it becomes obvious the need for experienced Austin DWI attorneys today as the complexity of evidence in the court system for these types of matters continues to mount yearly.
One must almost be an expert in the field of blood draws, or the use of mechanical machines to begin to make sense of the evidence in a DWI case.
Here at the Law Offices of RRK, our team of experienced Austin DWI attorneys has almost two decades of experience in successfully representing clients in these matters. Contact us today!
What are the civil penalties associated with a DWI case?
Possible driver's license suspension
Depending on whether there was a blood draw for your blood alcohol content, you blew over the legal limit, or you refused-all factor in on whether you will receive what is called a DIC-25 (temporary driver license); and depending on whether you receive this form will also determine when you will request an ALR (administrative license hearing) within 15-days of being arrested and receiving your DIC-25, or whether you will have to wait on the blood results. To fully understand your rights and to timely file for the crucial ALR hearing, contact criminal defense attorney, Robert Kiesling, for your free consultation today!
Civil fines and possible superfine - DWI
Surcharge vs superfine
Before, under the old law, the surcharge issued a fine either through "points" or convictions. However, "points" were only added after a conviction. A "final conviction" according to the old system, whether it resulted in jail time or probation, was still considered a conviction. The old system said this:
Each year, the department will charge an additional fee on the license of individuals who have been convicted of a DWI offense within the last 36 months.
The surcharge for a conviction is $1,000 per year.
However, if there is a second conviction within 36 months, the surcharge will be $1,500 per year. If the person's BAC was .16 or more at the time of analysis, the surcharge will be $2,000 for the first or subsequent conviction. The surcharge cannot be assessed for the same conviction after three years.
New System – Texas DWI Superfine
The new superfine system lacks clarity on the definition of "finally convicted," unlike the old statute. Although most attorneys believe that a "final conviction" involves serving jail time, courts still impose the superfine even if the person is only placed on probation.
The court can decide to waive the superfine for indigent individuals through the superfine system. The system also specifies the types of documents that can serve as proof of indigency.
The DWI superfine is outlined below:
If you are convicted of drunk driving, the penalties are as follows:
- $3,000 for the first conviction within a 36-month period
- $4,500 for a second or subsequent conviction within a 36-month period
- $6,000 for a first or subsequent conviction if a blood, breath, or urine alcohol test shows a concentration level of .15 or more at the time of analysis.
The superfine is equivalent to the old surcharge once you calculate it. The only difference is that it is phrased differently, and the higher fine now applies to a lower BAC of .15 instead of .16.
Austin DWI attorney - RRK Law firm
Contact an RRK Law Austin DWI attorney today to set up a free initial consultation, contact us online, or call us at 512-436-2779. For your convenience, we will answer our phones 24 hours a day, 7 days a week, or reach out to you within 30 minutes of your call, text, or email to set up our free consultation. We will meet with you evenings or weekends upon request.