At RRK Law, our experienced criminal defense attorneys in Austin, Texas provide the highest level of service for criminal law and DWI cases. Our top priority is to strive for Dismissal from the criminal offense and reduce any future charges.
If you need assistance with criminal and DWI defense cases across the Texas Hill Country, we are here to provide legal counsel that sets us apart as one of the leading law firms nationwide. Contact an RRK Law professional today for a free consultation to discuss your situation with one of our DWI lawyers. We look forward to helping get you back on track, and the chance to consult with you regarding legal representation.
Note: We do not cover the San Antonio area, generally. However, if you are in need of a San Antonio DWI attorney, we can give you references to trusted San Antonio DWI lawyers.
DWI meaning?
49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated 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.
Note: DUI - Driving under the influence is a term of art used for those under the age of 21 and different statutes and laws apply to those charged under a DUI. Contact us today at 512-436-2779 should you have a family member charged specifically DUI.
Also, an important side note regarding state and federal courts and DWI charges is that this type of charge is overwhelmingly a state offense.
How is intoxication Defined?
In the state of Texas, under criminal law, "intoxication" is defined as a condition in which an individual lacks normal mental and physical functioning due to the introduction of alcohol, drugs, or any combination thereof into their body. Furthermore, intoxication may also be evidenced by having an alcohol concentration level of 0.08% or higher in one's bloodstream.
Should I get a lawyer for a DWI in Texas?
If you have been accused of driving while intoxicated in Austin, Texas, the repercussions can be steep. Even if it is your initial DWI offense, under Texas criminal law, jail time and license suspension could still come into play. To protect yourself against these possible outcomes, hiring a DWI lawyer may be in your best interest; they are experts at navigating the complexities of such proceedings and preparing for the fact-specific DWI defense of your matter, guiding you through the pitfalls of the legal system.
How much does a DWI lawyer cost in Texas?
Ultimately, the amount you pay in legal fees (retainer) for a DWI lawyer will depend on your DWI attorney and the details of your case. Generally speaking, you should anticipate spending anywhere from $1,000 to $5,000 dollars for an easy situation that doesn't require court proceedings. However, if a trial is necessary then fees of up to ten thousand dollars or more (depending on the type of DWI - manslaughter, etc.) may be incurred.
Is jail time mandatory for 1st DWI in Texas?
Under Texas criminal law, DWI cases, specifically, first-time DWI convictions, can carry a range of penalties, including jail time. The exact sentence on a first-time misdemeanor DWI depends on the specifics of the offense, such as blood alcohol content (BAC) and any extenuating circumstances. In some cases, probation or community service may be substituted for jail time with the consent of a criminal defense attorney.
However, if the offense is particularly egregious, jail time may be mandatory. It is wise to consult a DWI lawyer experienced in Texas laws and regulations. They will be able to provide invaluable advice on how best to proceed with your case and can help formulate a defense strategy.
When facing a potential DWI arrest, it is important to know that you have rights, and a DWI lawyer can help you protect them. It is also important to understand that jail time may be enforced in some cases, so it is best to consult an expert who can provide the necessary legal solutions.
Contacting a criminal defense attorney as soon as possible after an arrest or citation is recommended to ensure your legal rights are being adequately protected. If you have been charged with DWI in Texas, it is important to seek legal advice from a professional as soon as possible. An experienced DWI lawyer can help you understand your rights and provide the best defense available so that you can minimize any potential jail time or other consequences of your offense.
How bonds work in jail?
To make sure an accused person can be released from custody while awaiting trial, a bail amount is paid out. This sum of money might come directly from the defendant in the form of a personal bond or alternatively, through hiring a bondsman with whom to arrange for a bail bond. In other words, the overall purpose remains: ensuring that those charged receive recourse and freedom until their hearing date arrives.
For example, if you are arrested and the court sets your bail at $60,000, then you can either pay it in cash or use a bail bond. A bail bond is an agreement between the accused individual and a bonds company that pledges that they will ensure the defendant appears for their trials. In this instance, rather than paying out of pocket for the full amount of money owed to be released from custody, you can enlist assistance from a credible bondsman who has promised to cover it on behalf of yourself or someone else.
If you post the bail bond, the court will release you under pending trial, and if not posted, you will remain in custody until after the trial. Texas bail bond companies must have a license from the state of Texas for the bail bond to be accepted.
How much does bail cost in Texas?
In Texas, the judges and magistrates have been provided with a bond schedule to inform their decisions on bail amounts which can be adjusted according to individual cases. The court usually takes into consideration various factors when calculating an appropriate amount of bail including:
The severity of the case; whether the defendant was out on bail during the arrest, whether the defendant may be a risk to society, whether the defendant has prior criminal convictions, Whether the defendant is on probation due to another crime conviction, and whether the defendant is considered a flight risk.
Fortunately, you don't have to rely exclusively on cash for bail. In some situations, the court also takes credit cards or any kind of collateral as a payment option. This can include vehicles, real estate assets, or other valuable property items.
What if the court issues a failure to appear for me not showing up to my court date?
If you neglect to show up for your mandated court hearing, the presiding judge has no choice but to issue a bench warrant. This means that police officers can arrest you again if they come across your name in their database during any ordinary traffic stop or even when using license plate scanners anywhere around Austin.
If you fail to show up in court, a licensed bail bondsman or bounty hunter may even come looking for you on their own or with the help of a police officer. Upon paying the bond, which is only a fraction of the full amount set by the courts; your assigned bondsman will cover the remainder and stake their own finances if they cannot find your person. In this case, they would have the incentive to see that you are apprehended as soon as possible.
Finding an experienced DWI attorney in Austin, TX
When choosing a law firm to consult with for quality legal representation, understand that experience is extremely important. Your criminal defense attorney can make your DWI defense a success, and therefore, influence your future. The presence of a qualified Texas criminal defense lawyer can help you achieve both good and bad outcomes. Several lawyers at Dunham & Jones previously worked as Assistant District Attorneys, and have spent years acquiring new courtroom techniques. We have experience in navigating criminal justice procedures and can use them to your advantage.
What are the collateral consequences of being charged with a DWI?
The consequences of a DWI arrest in Texas can be severe and long-lasting. In addition to possible jail time, fines, license suspension or revocation, and other criminal penalties, there may also be collateral consequences that arise from the charge. It is important for those facing DWI charges in Texas to understand these potential repercussions so they can make informed decisions about handling their cases. A skilled DWI lawyer can help individuals understand the possible collateral consequences of a DWI arrest and how to mitigate them.
One potential collateral consequence of a DWI arrest in Texas is an increase in insurance premiums or the loss of coverage altogether. Insurance companies often see these charges as a risk and may adjust rates accordingly or even deny coverage. Additionally, a DWI charge can remain on an individual’s criminal record for years and may show up in background checks conducted by employers, landlords, or other entities. This can make it difficult for someone to get a job, apply for housing, or seek certain educational opportunities.
For those facing DWI charges in Texas, working with an experienced criminal defense attorney is essential. A DWI attorney can help individuals understand their rights and the potential consequences of a DWI charge so they can make informed decisions about how to handle their cases. A DWI attorney may also be able to negotiate a plea bargain or work toward getting the charges reduced or dismissed. In any case, individuals facing DWI charges should contact a knowledgeable DWI attorney as soon as possible to protect their rights and minimize any collateral consequences.
This content is for informational purposes and should not be taken as legal advice. Please set up your free initial consultation with a DWI attorney at the Law Offices of RRK for specific questions or advice related to your DWI case.
Is my driver's license automatically suspended after I am charged with a DWI in Texas?
The short answer is no, not right away. And there are certain circumstances, like when there is a blood draw, where your license may not be suspended until the results are back from the lab. This is a complicated situation and you should consult a DWI lawyer immediately if you have a DWI charge.
Generally speaking though, you will have 15 days to make an ALR hearing request to challenge any license suspension. Your temporary license will be good for 40 days or as long as it takes for you to get an ALR hearing.
Texas Driver License Suspension - generally
The driver’s license suspension that you receive after a DWI conviction is a criminal penalty that is separate from the administrative license suspension that many people receive after being arrested on suspicion of DWI. In Texas:
- A first-time DWI conviction includes a driver’s license suspension of 90 days to one year.
- A second or third DWI conviction includes a driver’s license suspension of 180 days to two years.
- A conviction for DWI with a child passenger in your vehicle can result in a suspension of as long as 180 days.
Following a DWI conviction, the time that your driver’s license was already suspended under the administrative penalty can be credited toward your criminal suspension.
Is there an alternative to a license suspension in Texas?
Yes, an occupational driver's license if you qualify. Please reach out to the Law Offices of RRK today for a free consultation if you have lost your license, or will lose your license resulting from a DWI, we can help in obtaining an occupational license.
Can my DWI be expunged?
To receive an expunge of misdemeanor, generally, you must get your case dismissed outright. This means you cannot plead to any charges or take any plea offer directly related to the DWI - again, generally - and an experienced DWI lawyer at the Law Offices of RRK can explain to you the nuances of plea deals that can lead to an expunction versus a petition for nondisclosure.
What is the meaning of deferred adjudication in Texas and how is it related to an order of nondisclosure?
Deferred adjudication as it relates to the criminal court system, is a specific form of court-mandated supervision, otherwise known as “probation.” It allows the accused to accept responsibility for their crime without officially having it go on record. But unlike in a jury trial, deferred adjudication must be granted by a judge; thus requiring both the prosecutor and defendant to agree upon waiving one. So who is eligible?
If you are hoping to receive Texas DWI deferred adjudication, there are a few considerations that must be taken into account. Unfortunately, if you have any prior DWIs on your record or held a blood alcohol level of .15 or more at the time of arrest, this option is not available for you. Additionally, those with commercial licenses and anyone responsible for injury/death as well as property damage beyond their own vehicle will also fail to qualify. Thus it is important to remember these exceptions when deciding whether deferred adjudication will work in your favor.
Don't be misled - pleading guilty is still necessary for deferred adjudication in Texas. You and your DWI attorney must appear before the judge, even though no jury trial applies here, to accept guilt. This procedure differs from the DWI pretrial diversion program that you may participate in without having to attend court at all.
You must go through a probationary period, during which you will be tested for drugs and may have to fulfill community service requirements or install an ignition interlock device. If you successfully pass the trial phase, then your punishment can be reduced or even eliminated in spite of having admitted guilt.
Does a deferred adjudication show up on a background check in Texas?
A common misbelief concerning deferred adjudication in Texas is that completing it will automatically erase the charges from your record. This isn't true. Unlike pretrial diversion, concluding a deferred adjudication won't make you eligible for expunction - only nondisclosure. As a result, merely part of your criminal history (not all) can be removed after finishing this program.
Seeking a non-disclosure order is essential if you wish to protect yourself from the damaging repercussions of your DWI charge. Although it will not be concealed from government agencies or law enforcement, an NDA can shield you against prejudices when applying for mortgages, rental properties, homes, and jobs. However, obtaining such an order isn't automatic - your lawyer must file a petition with the court once your deferred adjudication has been finalized in Texas.
Does deferred adjudication count as a conviction in Texas?
Through successful completion of a deferred adjudication program, the charges against you will be "deferred" and ultimately dismissed. However, your record may still show evidence of them, and obtaining a nondisclosure order is essential to keep that information private. On the other hand, should you fail to fulfill probation requirements it will count as an official conviction on your record. Additionally, if another DWI offense arises in the future it would appear as such on any background checks - resulting in harsher penalties than those associated with first-time offenders.
DWI Accidents and Aggravated Penalties
Approximately 40% of all fatal car accidents in Texas involve drivers who are intoxicated. In order to deter drivers from getting behind the wheel while drunk, the consequences of DWI can be aggravated when an accident occurs. State district attorneys have the discretion to pursue a wide range of criminal penalties after you've caused a DWI accident. The charges you could potentially face will depend on (1) your level of intoxication and (2) the extent of the damage caused by the crash.
DWI Accidents Resulting in Property Damage
Not all DWI crashes will result in a personal injury or death of another person. However, accidents resulting in property damage are still considered to be a serious threat to public safety. If you are involved in a DWI accident that results in property damage, you can be charged with DWI in addition to other criminal offenses. Crimes that are often charged in addition to DWI include reckless damage and/or criminal mischief.
Reckless Damage
Reckless damage, as defined in Texas Penal Code Sec.28.04, occurs when you “recklessly damage or destroy property” belonging to another person without their consent. Conduct is considered reckless when you know, or should have known, the potential consequences of your actions but “consciously disregard substantial and unjustifiable risk(s).”
Destruction is a Class C Misdemeanor, punishable by a fine of $500. If you are responsible for the destruction of another person's property, you may also be responsible for paying restitution to the property owner.
Criminal Mischief
Criminal mischief, as defined in Texas Penal Code Sec.28.03, occurs when you “intentionally or knowingly damage or destroy the tangible property” of another person. When is conduct considered “intentional” or “knowing” for the purposes of Texas state law?
Intentional: Conduct is defined as intentional when you have a “conscious objective or desire to engage in the conduct or cause the result.”
Knowing: Conduct is defined as knowing when you “are aware of the nature of your conduct or the circumstances that exist.” In other words, you are “reasonably certain” that your actions will cause a certain result.
So, you can face criminal charges for criminal mischief if there is evidence to show that you (a) intended to damage property or (b) were reasonably certain that driving while drunk would cause property damage.
Criminal mischief can be charged as a misdemeanor or a felony in Texas. The seriousness of the charge will depend on the extent of the damage that is caused in your DWI accident:
Class C Misdemeanor:
- Property damage less than $100
Class B Misdemeanor:
- Property damage between $100 and $750
Class A Misdemeanor:
- Property damage between $750 and $2,500, or
- Causing impairment or interruption of a public water supply
State Jail Felony:
- Property damage between $2,500 and $30,000;
- Property damage to a fence that was used to contain livestock or game animals; or
- Property damage causing impairment or interruption of public communication, public transportation, public gas supply, or public power supply.
Third-Degree Felony:
- Property damage between $30,000 and $150,000
Second-Degree Felony:
- Property damage between $150,000 and $300,000
First-Degree Felony:
- Property damage > $300,000.
The more damage your accident causes, the more severe the criminal penalties will be.
DWI Accident Causing Bodily Injury
Drunk driving crashes that result in bodily injury can result in additional criminal charges for intoxication assault. Intoxication assault, as defined in Texas Penal Code Sec.49.07, occurs when you operate a vehicle while intoxicated and cause serious bodily injury to another person by accident or mistake.
Serious bodily injury is defined to mean:
- Injury that creates a substantial risk of death,
- Injury that causes permanent disfigurement, or
- Injury that causes protracted loss or impairment of a bodily member or organ.
Intoxication assault is a Third-Degree Felony, punishable by between two and ten years in prison and $10,000 in criminal fines.
DWI Accident Resulting in Death
If your Austin DWI accident results in another person's death, you may face additional criminal charges for intoxication manslaughter. Intoxication manslaughter, as defined in Texas Penal Code Sec.49.08, occurs when you drive while intoxicated and “by reason of that intoxication cause the death of another by accident or mistake.”
The victim of your deadly DWI crash can be anyone, including your own passengers, other drivers, bicyclists, motorcyclists, or even pedestrians. Victims do not necessarily have to die on impact in the DWI crash. You can also face criminal charges for intoxication manslaughter if a victim suffers fatal injuries and dies at a later time and date. The bottom line is that you can face criminal charges as long as your drunk driving conduct caused someone's death.
Intoxication assault is a Second-Degree Felony in Texas, punishable by between two and twenty years in prison and $10,000 in fines.
Defending DWI Charges in Austin
Have you been involved in an Austin accident and accused of driving while intoxicated? It's important to understand that an accusation does not necessarily mean that you will be charged with and/or convicted of a crime. The state must be able to prove that you are guilty of a crime beyond a reasonable doubt. This is an extremely high burden of proof that can be difficult to satisfy if you assert a strong defense.
Defenses that may be helpful in defending criminal charges for DWI property damage, assault, and manslaughter include:
- You were not under the influence of drugs or alcohol,
- Results of the breath and/or blood test are inaccurate and/or invalid,
- No property was damaged in the crash,
- No one died or suffered an injury in the crash,
- The state has gathered evidence against you in violation of your Constitutional rights, and/or
-You have been mistakenly identified or falsely accused of a crime.
While you can assert any of these defenses on your own, it is always best to have the assistance of an Austin DWI attorney. Contact the Law Offices of RRK, LLC to learn about how our Austin DWI attorneys can help you defend yourself against DWI charges.
Civil Charges
Cases involving drunk driving crashes and DWI accidents can result in devastation for the victims of the DWI accident and their families. Charges do not end when you have settled the criminal charges of your case. In Austin, Texas, there are experienced attorneys who specialize in helping those who have been affected by drunk drivers that caused such incidents. An Austin DWI accident victim’s attorney assists victims in recovering damages and seeking justice for their injuries. An Austin DWI victim attorney specifically focuses on financial recovery for those injured by drunk drivers. These suits can be devastating if they are not kept in mind while your criminal charges are pending. That is why it is important to hire a firm with success and experience in DWI cases.
For professional legal advice and professional legal representation for you or your loved one's DWI, contact the criminal defense lawyers a the Law Offices of RRK today for your free consultation on your DWI case today.
More resources can be found at our dedicated blog site at rrklawblog.com. Also internally at the main website on our personal injury page, family law page, and criminal law page.
FAQ - DWI Representation in Central Texas
1. What regions in Central Texas do your DWI defense services cover? Our DWI attorneys provide expert legal representation across several Central Texas locations, including Cedar Park, Del Valle, Leander, Manchaca, and Pflugerville. Whether you need a DWI attorney in Cedar Park TX, a DWI attorney in Del Valle TX, or a DWI attorney in Leander TX, our firm is equipped to assist you.
2. Can you represent me in Leander for a DWI charge? Yes, if you are searching for a Leander DWI attorney or a Cedar Park DWI lawyer, our firm has skilled attorneys ready to defend your case in these areas. We are deeply familiar with the local laws and court systems in both Cedar Park and Leander.
3. What should I expect from the criminal justice system if I’m charged with a DWI in places like Manchaca or Pflugerville? Being charged with a DWI puts you directly in contact with the criminal justice system, and it's crucial to have knowledgeable criminal defense attorneys by your side. Our team has significant experience in Manchaca and Pflugerville, ensuring that your rights are protected throughout the process.
4. Why choose your attorneys for DWI defense in Central Texas? Our criminal defense attorneys are highly experienced in navigating the complexities of the criminal justice system in Central Texas. We focus on providing a robust defense for anyone facing DWI charges, backed by a thorough understanding of local legal standards and practices.
If you're seeking expert legal assistance for DWI cases in Austin, the RRK Law Office provides a range of specialized services to address your needs. Start with our comprehensive DWI overview on "DWI Cases, Consult - RRK Law Office" to understand the scope of our expertise. If you're wondering, "Is there a DWI lawyer near me in Austin, Texas?" our dedicated page "Is there a DWI lawyer near me - Austin, Texas - RRK Law" confirms our local availability and commitment. Dive deeper into specific defense tactics with "Austin DWI Attorney - RRK Law Office" and "Top DWI Lawyer Austin: Effective Defense Strategies for Your Case." Lastly, our commitment to achieving the best outcomes, including dismissals, is outlined in "Austin DWI Attorneys - #1 Goal is a DISMISSAL - Payment Plans." Each link leads to valuable resources that prepare you for navigating the complexities of DWI charges with confidence.
This content is for informational purposes and should not be taken as legal advice. Please set up your free initial consultation at the Law Offices of RRK for specific questions or advice related to your criminal charges. If you have more questions related to a DWI arrest please check out our DWI FAQ. Knowledge gives peace of mind. We are here to help!
REMEMBER
When facing DWI charges in Austin, TX, having a skilled attorney by your side is crucial. The Law Offices of RRK focus in providing aggressive and effective defense strategies to help you navigate the complexities of DWI cases.
Our experienced attorneys will assess your case, guide you through the legal process, and work tirelessly to achieve the best possible outcome. Learn more about our DWI services and schedule a consultation here. Our firm also handles a wide range of criminal, family, and personal injury cases, offering comprehensive legal support to clients throughout Austin and surrounding areas. For more information on our services, visit our main page here.
For those specifically seeking a DWI attorney, our dedicated page on Austin DWI Attorney provides detailed information on how we can assist you. As one of Austin's premier DWI and criminal defense firms, we are committed to delivering top-notch legal representation. Discover more about our expertise here. Additionally, our blog post on Top DWI Lawyer Austin: Effective Defense Strategies offers insights into our successful defense approaches.