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    When you have been investigated or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a drivers license, an increase in insurance costs, fines, court costs, a Drivers License Surcharge of between $3,000.00 and $6,000.00, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.

    The law says that the County Attorney needs only to prove that after drinking you were not able to drive your car in a normal capacity. That sounds pretty cut and dried, but it is not quite as simple as that. 

     You see, if challenged, the County Attorney must also show all of the following:

That the arresting officer made the arrest properly, That you were properly advised of your rights, That the equipment the officer used to test you was working accurately,     and Even that the person operating the equipment was certified to operate     the equipment.

    Further, the officer that administers the standard field sobriety tests should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administering these tests. I have successfully completed training for the National Highway Traffic Safety Administration Standardized Field Sobriety Testing. What does that mean to you? It means that in addition to grading you on your performance of the tests, I will also grade the officer to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the County Attorney or the jury to show that the tests results were unreliable and should not be believed.

    When you retain me Ill insist that the County Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions of them.

    Ill insist that the County Attorney provide us with any information or material he has which  could show that you are not guilty of the charges against you, or which may help you get a lighter sentence.

    Ill insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.

    Ill insist on receiving copies of records showing that the equipment used for tests was functioning properly and that the person giving the tests was properly certified.

    As you can see, what looks simple gets pretty complex. As your criminal defense attorney I will insist that all this information be provided and that you and I walk through all this information as we discuss and proceed on your case.
 

    DRIVER LICENSE SUSPENSION - Your arrest may have included a cancellation of your Texas driving privileges for a specific period of time. YOU HAVE ONLY 15 DAYS FROM THE DATE OF YOUR ARREST TO REQUEST A HEARING ON THIS MATTER. I believe that this hearing is extremely important, not only to challenge your suspension but also as an opportunity for your attorney to question the arresting officer to find out exactly what he is going to say in court. If you retain our office to represent you, part of that representation includes representing you at the driver license suspension. However, remember you must request this hearing no later than 15 days from your arrest so it is important that you contact me as soon as possible to schedule an appointment. If your Texas driving privileges are ultimately suspended, in most cases we can get you a Texas license that will allow you to drive to and from work.

    WARNING BEWARE: TEXAS DRIVER LICENSE SURCHARGE!!  Beginning with any Texas DWI Conviction for an offense committed on or after 09/01/03, the Texas Department Of Public Safety is authorized to charge a surcharge on your Drivers License. This charge will range from $1,000.00 to $2,000.00 a year for three years. Depending on whether you provided a breath sample, and the results, you could be facing a $6,000.00 fee to keep your license.

    BREATH TEST CASES: I own an Intoxilyzer 5000. If you took a breath test at the jail, this is the same model of machine that you used. I have also completed training under the Department of Transportation regulations as an Intoxilyzer Operator and Maintenance Technician. I also have access to various Breath Test Experts that may be helpful in your case. Just because your results were over a certain limit, does not automatically prove you guilty.

    The government with all of its resources can frequently make your life miserable; regardless of whether you have actually committed the crime. Real life criminal law is NOT like television. Cases are not resolved in one hour, and the solutions are normally not simple. Hiring a criminal defense trial lawyer can be the most important decision you make.

    When you find yourself, a family member, or friend in this situation, you need an experienced and well-skilled attorney who practices only in the area of criminal defense law. For better or worse, criminal law has its own unique practice and methodology. Frequently you will find attorneys who practice criminal law, but also handle personal injury, divorce, and other matters. They may be good attorneys, but I believe that criminal law is too specialized to risk my clients to any distractions facing an attorney who handles multiple types of law and who is not in the trenches everyday.

    Please call and schedule an appointment at your earliest convenience, because I can help you through the unfamiliar territory of the criminal justice system. Because each case is different and special, I offer a free initial consultation where you and I can sit down and discuss the charges against you and what options are available to you. To assist you financially in paying any attorney fees, I offer flat rate fees and flexible payment plans that will allow you to hire me as your criminal defense attorney so that I can start immediately to protect your rights.

ENFORCEMENT DWI TEAM

Motorists who drink and drive are involved in approximately 50% of fatal collisions and an equal percentage of serious injury collisions. After 2 a.m., it is estimated that two of every four motorists on the road are driving under the influence of alcohol. These disturbing statistics reflect a dangerous trend on our roads that the Austin Police Department is determined to reverse.

To increase enforcement of DWI laws and send a message to motorists who drink and drive, APD launched the DWI Enforcement Team in August 1998. The unit, which is under the direction of the Highway Enforcement Command, is comprised of 14 patrol officers, two corporals and two sergeants. As a dedicated DWI enforcement unit, the Enforcement Team is able to concentrate its patrol efforts on apprehending drunk drivers. Patrol officers focus on areas where DWI offenses are most likely to occur (entertainment areas featuring bars and nightclubs) during times when most drunk drivers are on the roads (evenings, weekends and holidays). In addition, members of the Enforcement Team are able to provide support to regular patrol officers during peak offense times, relieving patrol officers by handling the lengthy processing of arrests.

The working relationship between regular patrol and the Enforcement Team increases the efficiency of the Department as a whole in removing drunk drivers from our roads. First, the Enforcement Team increases the number of patrol units on the streets, making apprehension of DWI offenders more likely. At the same time, regular patrol officers who make DWI arrests are able to turn suspects over to the Enforcement Team for processing through the system, allowing them to resume patrol duties and apprehend other DWI offenders. As a result, both the numbers of Enforcement Team and regular patrol DWI arrests have increased.

 

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