How To Avoid an Austin Texas DWI Conviction
5 Important Tips on Beating an Austin DWI
1) Don't blow - you have the right to refuse taking a breath test. Yes it's true, your license may be suspended longer than if you had blown, but you want to beat the case, right?
2) Don't do any sobriety tests - at the scene where you are stopped or at the station when you are arrested. You can refuse.
3) Don't lean against the car or anything else...every little thing you do that may show intoxication will be used against you in Court.
4) Don't say anything - the State will use your statements against you in Court. Common mistakes are saying, "Officer, I couldn't even do those tests if I were sober"..."I know I'm wasted"..."I'm so drunk".
5) Remain silent. But, if you must speak, do so clearly and politely. The less you say the better, as you do not want your speech to sound slurred or your words mumbled/muttered.
Texas DWI Questions and Answers
The following are common DWI Questions and Answers. If you have further questions, don't hesitate to call Attorney Dax Garvin at 512.482.0900.
1) What must be proven to find you guilty of DWI?
Answer:
a. Your identity,
b. You were operating,
c. A motor vehicle,
d. In a public place,
e. In Texas, while
f. Your Blood Alcohol Level was .08 or higher, by
g. The introduction of alcohol, a drug, or a combination thereof into the body.
2) How do I avoid being arrested for DWI?
Answer: Do not perform any field sobriety tests and do not give a breath sample. The officer will most likely tell you that you will be arrested if you do not perform the tests or take the breathalyzer, and that your license will be suspended. What they don't tell you is that if they are asking you to perform these tasks, they already strongly believe you to be intoxicated and are only attempting to obtain evidence to use against you in court and you are likely going to be arrested and your license suspended anyway.
3) How do I keep my license from being automatically suspended?
Answer: In order to keep your license from being automatically suspended, you or your attorney will request an Administrative License Revocation (ALR) hearing to contest the Department of Public Safety's contention that there was probable cause for your arrest.
4) Does the ALR hearing effect my criminal court case for DWI?
Answer: In short, No. DPS will try to suspend your license independent of anything that is happening with your case in court. Additionally, upon a final conviction of DWI, the criminal court judge can suspend your license for anywhere from 6 months to one year depending on your age and the circumstances of your case, prior convictions, etc. However, the ALR hearing is an excellent opportunity to obtain information that will strengthen your DWI defense.
5) Will I have to go to jail if this is my first DWI?
Answer: If you have a clean criminal record and there were no serious injuries in your first misdemeanor DWI, you should not have to worry about doing any additional jail time.
6) How does a DWI effect my criminal record, will I have a conviction if I receive probation?
Answer: For DWI's in Texas, even if you receive probation, you will have a final
conviction on your record. The law states that on your second DWI, you must spend at least 30 days in jail if you are convicted. This enhancement can sometimes be waived, however.
7) How much can I expect in fines if I receive probation?
Answer: A DWI 1st carries a maximum fine of $2,000 which can be paid monthly as a part of probation. Additionally, as of Sept. 1st 2003, DPS will assess an additional penalty of a minimum of $1,000 per year for three years upon a final conviction for DWI.
8) Is a breath sample always correct?
Answer: Absolutely not. A breath sample from an Intoxilyzer machine can be
inaccurate. There are ways to attack the validity of the breath test results.
9) What if the arresting officer did not read me my rights until after I completed sobriety tests at the station?
Answer: This is a common question. Sobriety tests are generally considered non-testimonial in nature and Miranda does not apply to non-testimonial evidence. However, if you were in custody and not free to leave and asked questions, these statements may be excluded in a pre-trial hearing. This may include questions like "What have you eaten?, When is the last time you ate? How much have you had to drink?"
10) What should I expect from a lawyer?
Answer:
a. Your lawyer should conduct a thorough investigation of the facts of your case.
b. He should be able to prepare and conduct a rigorous cross examination of the
State's witnesses. In most cases, this is the most important part of the trial.
c. He should have a comprehensive understanding of constitutional rights, how
they may be violated and how to protect those rights.
d. He should have experience in the type of case you are hiring him for.
11) What are the major areas of concern in a DWI case?
Answer:
a. Whether the stop was constitutional,
b. Whether the administration of roadside tests was constitutional,
c. Whether there was Probable Cause for the arrest,
d. How Miranda will play a role in the case with statements and other evidence,
e. How the roadside tests were administered,
f. The administration of any Breath or Blood Samples given,
g. The constitutionality of the search and seizure.
12) Non-Arrest Bonds: What should I do if I have a warrant for my arrest?
Answer: You should contact an attorney immediately if you or a member of your
family or a close friend has a warrant for their arrest. The arrest warrant commands a law enforcement officer or some other person specifically named to arrest the body of the accused and take the body to be dealt with according to law. By contacting my firm, I can help resolve the warrant problem without the person being arrested and without the person having to turn himself in and remain in custody.
13) What are your rights if you are arrested?
Answer: The police officer is required to take a person in front of a magistrate without unnecessary delay, but no later then 48 hours. The magistrate is required to inform the person accused of:
1. The charges against him,
2. They have the right to hire an attorney,
3. They have the right to remain silent,
4. They have the right to have an attorney present during questioning by law
enforcement or a prosecuting attorney,
5. The have the right to terminate the questioning at any time,
6. They have the right to request a court appointed attorney, if the person arrested in indigent or cannot afford to hire an attorney,
7. The procedures for requesting a court appointed lawyer,
8. They have the right to an examining trial,
9. The person arrested is not required to make a statement and any statement
may, can and will be used against the person arrested. The magistrate is also
required to allow the accused reasonable time and opportunity to consult
counsel and to be admitted to bail if allowed by law.
14) What if I am not read these Miranda rights?
Answer: Any confession you make during a custodial interrogation cannot be used against you unless you are first advised of your Miranda rights. Some statements and confessions may be used against you prior to arrest and prior to a custodial interrogation under certain circumstances.