Austin Texas DWI Attorney - Dunham & Rogers, located in Austin, Texas, handles Texas criminal offenses involving Driving While Intoxicated - DWI. Dunham & Rogers focused on bringing a strong call to action to there DWI Lawyer website, focusing on Travis County DWI and Austin Texas DWI. Please visit their Austin Drunk Driving website at www.Austin-TX-DWI.com. You will see how Dunham & Rogers is able to take advantage of their TV commerical by having it play automatically when someone visits there website.
Source: http://4webresults.com/site_news/austin-dwi-drunk-driving-attorney/
Wednesday, September 20, 2006
DWI Enforcement 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.
You can find DWI Austin Lawyers in the internet.
Source: http://www.ci.austin.tx.us/police/dwi.htm
To increase enforcement of Austin 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 direction of the Traffic Administration Section, is comprised of eight patrol officers and one sergeant. As a dedicated DWI enforcement unit, the Enforcement Team is able to concentrate its patrol efforts on apprehending drunk drivers. Patrols focus on areas where DWI offenses are most likely to occur (entertainment areas featuring bars and nightclubs, for example) 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.
You can find DWI Austin Lawyers in the internet.
Source: http://www.ci.austin.tx.us/police/dwi.htm
Austin Texas DWI Lawyer
DWI Attorney Ken Gibson
Austin Texas DWI Lawyer
Austin, Texas Attorney Ken Gibson:The Chase Building • 700 Lavaca, Suite 1010 - Austin, Texas 78701 Phone (512) 469 - 6056 • Toll Free 1(888) DWI-TEXAS.
Map & Directions
You thought it could never happen to you, but suddenly you find yourself in a situation that you did not expect. What do you do? Contact Texas drunk driving defense lawyer Ken Gibson to protect your rights! The Texas Department of Motor Vehicles can Suspend your License if you refuse to take a breath test, blood test, or urine test. WARNING! You have a limited amount of time (15 days) in which to appeal this administrative license suspension. Call toll free for a free consultation.
Don't let an Austin DWI ruin your life.
CALL IMMEDIETLY! 1(888) DWI-TEXAS.!
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 driver’s license, an increase in insurance costs, fines, court costs, 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 I’ll 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.
I’ll insist that the County Attorney provide us with any information or material he has which would show that you are not guilty of the charges against you, or which may help you get a lighter sentence.
I’ll insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.
I’ll 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 Driver’s 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.
Source: http://www.austintexasdwi.com/index.html
Choosing the Right Texas Criminal Defense Attorney
Texas DWI laws are both political and complex. Moreover, since the laws change so often and the consequences of even a first conviction are so severe, finding a lawyer who is experienced at handling DWI, Drunk Driving, Driving While Intoxicated cases should be your top priority.
If you’ve never been through this before you probably don’t know where to begin in your search for an attorney. Further, not knowing what to look for in a Texas DWI defense attorney makes the challenge of finding the right lawyer even more difficult. You’ll need to find an experienced, competent defense lawyer who can explore factual and legal defenses, review your case for defects, move to suppress evidence, compel discovery of such things as calibration and maintenance records of the breath machine, negotiate for a reduction in charges, obtain expert witnesses for trial, protect your driving privileges and safeguard your constitutional rights.
Above all else you should attempt to retain an attorney who devotes the vast majority of his or her practice to the defense of DWI cases. No attorney can give you a guarantee on the outcome of your case, however, retaining a firm that emphasizes DWI defense will maximize the chances of a successful conclusion. If you do not have a sense of comfort and confidence after meeting with an attorney about your case you should look further.
• Does the attorney or law firm have extensive experience in DWI pretrial investigation and litigation?
• Does the attorney or law firm have a reputation for going to trial or for pleading cases guilty?
• Do you feel a strong sense of confidence in the lawyer’s or law firm’s ability to professionally handle your case, and do you feel comfortable with the manner in which the lawyer communicates with you? Does the lawyer seem genuinely interested in you and your case?
• Is the financial arrangement clearly defined?
• Questions you should ask to find the best DWI Defense Lawyer for your case:
• What part of your practice is dedicated to defending DWI cases?
• How many DWI cases have you handled?
• How many of your cases plead guilty as charged?
• Are you affiliated with the National College for DUI Defense?
• What other organizations do you belong to that advocate aggressive DWI defense?
• Are you familiar with the CMI Intoxilizer 5000 breath machine used in Texas?
• Have you completed training on the proper use of the CMI Intoxilizer 5000 breath machine?
• Do you own a CMI Intoxilizer 5000 breath machine?
• Have you completed training on the proper administration of Standardized Field Sobriety
Tests?
Will you handle my license suspension case in addition to the DWI charge?
• Do you regularly appear in the court in which I’m charged?
• Will the lawyer I hire be the lawyer who actually handles my case? In other words, does
the lawyer go to court, or will one of his employees handle my case.
• What will it cost to get a good lawyer?
Contact Ken Gibson Today!Phone (512) 469 - 6056
Toll Free 1(888) DWI-TEXAS.
The Chase Building - 700 Lavaca, Suite 1010
Austin, Texas 78701 - Map & Directions
Texas Drivers License Suspension Laws - DWI ALR
by Radley Balko, July 27, 2004
Radley Balko is a policy analyst for the Cato Institute.
When Pennsylvanian Keith Emerich went to the hospital recently for an irregular heartbeat, he told his doctor he was a heavy drinker: a six-pack per day. Later, Pennsylvania's Department of Transportation sent Emerich a letter. His driver's license had been revoked. If Emerich wanted it back, he'd need to prove to Pennsylvania authorities that he was competent to drive. His doctor had turned him in, as required by state law.
The Pennsylvania law is old (it dates back to the 1960s), but it's hardly unusual. Courts and lawmakers have stripped DWI defendants of the presumption of innocence - along with several other common criminal justice protections we afford to the likes of accused rapists, murderers and pedophiles.
In the 1990 case Michigan v. Sitz, the U.S. Supreme Court ruled that the magnitude of the drunken driving problem outweighed the "slight" intrusion into motorists' protections against unreasonable search effected by roadblock sobriety checkpoints. Writing for the majority, Chief Justice Rehnquist ruled that the 25,000 roadway deaths due to alcohol were reason enough to set aside the Fourth Amendment.
The problem is that the 25,000 number was awfully misleading. It included any highway fatality in which alcohol was in any way involved: a sober motorist striking an intoxicated pedestrian, for example.
It's a number that's still used today. In 2002, the Los Angeles Times examined accident data and estimated that in the previous year, of the 18,000 "alcohol-related" traffic fatalities drunk driving activists cited the year before, only about 5,000 involved a drunk driver taking the life of a sober driver, pedestrian, or passenger.
Unfortunately, courts and legislatures still regularly cite the inflated "alcohol-related" number when justifying new laws that chip away at our civil liberties.
For example, the Supreme Court has ruled that states may legislate away a motorist's Sixth Amendment right to a jury trial and his Fifth Amendment right against self-incrimination. In 2002, the Supreme Court of Wisconsin ruled that police officers could forcibly extract blood from anyone suspected of drunk driving. Other courts have ruled that prosecutors aren't obligated to provide defendants with blood or breath test samples for independent testing (even though both are feasible and relatively cheap to do). In almost every other facet of criminal law, defendants are given access to the evidence against them.
These decisions haven't gone unnoticed in state legislatures. Forty-one states now reserve the right to revoke drunken driving defendants' licenses before they're ever brought to trial. Thirty-seven states now impose harsher penalties on motorists who refuse to take roadside sobriety tests than on those who take them and fail. Seventeen states have laws denying drunk driving defendants the same opportunities to plea bargain given to those accused of violent crimes.
Until recently, New York City cops could seize the cars of first-offender drunk driving suspects upon arrest. Those acquitted or otherwise cleared of charges were still required to file civil suits to get their cars back, which typically cost thousands of dollars. The city of Los Angeles still seizes the cars of suspected first-time drunk drivers, as well as the cars of those suspected of drug activity and soliciting prostitutes.
Newer laws are even worse. As of last month, Washington State now requires anyone arrested (not convicted -- arrested) for drunken driving to install an "ignition interlock" device, which forces the driver to blow into a breath test tube before starting the car, and at regular intervals while driving. A second law mandates that juries hear all drunken driving cases. It then instructs juries to consider the evidence "in a light most favorable to the prosecution," absurd evidentiary standard at odds with everything the American criminal justice system is supposed to stand for.
Even scarier are the laws that didn't pass, but will inevitably be introduced again. New Mexico's state legislature nearly passed a law that would mandate ignition interlock devices on every car sold in the state beginning in 2008, regardless of the buyer's driving record. Drivers would have been required to pass a breath test to start the car, then again every 10 minutes while driving. Car computer systems would have kept records of the tests, which would have been downloaded at service centers and sent to law enforcement officials for evaluation. New York considered a similar law.
That isn't to say we ought to ease up on drunken drivers. But our laws should be grounded in sound science and the presumption of innocence, not in hysteria. They should target repeat offenders and severely impaired drunks, not social drinkers who straddle the legal threshold. Though the threat of drunken driving has significantly diminished over the last 20 years, it's still routinely overstated by anti-alcohol activists and lawmakers. Even if the threat were as severe as it's often portrayed, casting aside basic criminal protections and civil liberties is the wrong way to address it.
Sorurce: http://www.austintexasdwi.com/texas-drunk-driving.html
Texas DWI Blood Test Information
The most common test used for DUI / DWI arrests is a breath test, by more than a 10 to 1 margin. Some states (e.g., South Carolina) REQUIRE that a DUI alcohol suspect be offered a breath test, and not a blood test, if he/she is conscious. Other states (e.g., Georgia) permit the officer in the field to choose which kind of test or tests are to be administered, whether the person is conscious or not. Other states don’t use urine at all. So, if you are suspected of DUI / DWI of alcohol in South Carolina, you will be offered only ONE test, and that will be breath. In Georgia, the officer can choose ANY or ALL types of tests – blood, breath and urine.Like most matters relating to DUI / DWI arrests, issues relating to BLOOD TESTS are controlled by state laws. Each state typically has guidelines stating by whom and how these tests are to be taken, transported, preserved, secured, analyzed, etc. REGULATIONS and statutes (laws) governing collecting and testing “biological specimens” (substances taken from a person’s body) will determine the proper methods in your state. Some states (Florida) have excellent guidelines. Others (Mississippi and Georgia) have dismal laws controlling these matters, making legal challenges by accused persons very difficult to mount.
DWI NEWS
Texas Drunk Driving Laws Are Out of Control
by Radley Balko, July 27, 2004
Radley Balko is a policy analyst for the Cato Institute.
When Pennsylvanian Keith Emerich went to the hospital recently for an irregular heartbeat, he told his doctor he was a heavy drinker: a six-pack per day. Later, Pennsylvania's Department of Transportation sent Emerich a letter. His driver's license had been revoked. If Emerich wanted it back, he'd need to prove to Pennsylvania authorities that he was competent to drive. His doctor had turned him in, as required by state law.
The Pennsylvania law is old (it dates back to the 1960s), but it's hardly unusual. Courts and lawmakers have stripped DWI defendants of the presumption of innocence - along with several other common criminal justice protections we afford to the likes of accused rapists, murderers and pedophiles.
In the 1990 case Michigan v. Sitz, the U.S. Supreme Court ruled that the magnitude of the drunken driving problem outweighed the "slight" intrusion into motorists' protections against unreasonable search effected by roadblock sobriety checkpoints. Writing for the majority, Chief Justice Rehnquist ruled that the 25,000 roadway deaths due to alcohol were reason enough to set aside the Fourth Amendment.
The problem is that the 25,000 number was awfully misleading. It included any highway fatality in which alcohol was in any way involved: a sober motorist striking an intoxicated pedestrian, for example.
It's a number that's still used today. In 2002, the Los Angeles Times examined accident data and estimated that in the previous year, of the 18,000 "alcohol-related" traffic fatalities drunk driving activists cited the year before, only about 5,000 involved a drunk driver taking the life of a sober driver, pedestrian, or passenger.
Unfortunately, courts and legislatures still regularly cite the inflated "alcohol-related" number when justifying new laws that chip away at our civil liberties.
For example, the Supreme Court has ruled that states may legislate away a motorist's Sixth Amendment right to a jury trial and his Fifth Amendment right against self-incrimination. In 2002, the Supreme Court of Wisconsin ruled that police officers could forcibly extract blood from anyone suspected of drunk driving. Other courts have ruled that prosecutors aren't obligated to provide defendants with blood or breath test samples for independent testing (even though both are feasible and relatively cheap to do). In almost every other facet of criminal law, defendants are given access to the evidence against them.
These decisions haven't gone unnoticed in state legislatures. Forty-one states now reserve the right to revoke drunken driving defendants' licenses before they're ever brought to trial. Thirty-seven states now impose harsher penalties on motorists who refuse to take roadside sobriety tests than on those who take them and fail. Seventeen states have laws denying drunk driving defendants the same opportunities to plea bargain given to those accused of violent crimes.
Until recently, New York City cops could seize the cars of first-offender drunk driving suspects upon arrest. Those acquitted or otherwise cleared of charges were still required to file civil suits to get their cars back, which typically cost thousands of dollars. The city of Los Angeles still seizes the cars of suspected first-time drunk drivers, as well as the cars of those suspected of drug activity and soliciting prostitutes.
Newer laws are even worse. As of last month, Washington State now requires anyone arrested (not convicted -- arrested) for drunken driving to install an "ignition interlock" device, which forces the driver to blow into a breath test tube before starting the car, and at regular intervals while driving. A second law mandates that juries hear all drunken driving cases. It then instructs juries to consider the evidence "in a light most favorable to the prosecution," absurd evidentiary standard at odds with everything the American criminal justice system is supposed to stand for.
Even scarier are the laws that didn't pass, but will inevitably be introduced again. New Mexico's state legislature nearly passed a law that would mandate ignition interlock devices on every car sold in the state beginning in 2008, regardless of the buyer's driving record. Drivers would have been required to pass a breath test to start the car, then again every 10 minutes while driving. Car computer systems would have kept records of the tests, which would have been downloaded at service centers and sent to law enforcement officials for evaluation. New York considered a similar law.
That isn't to say we ought to ease up on drunken drivers. But our laws should be grounded in sound science and the presumption of innocence, not in hysteria. They should target repeat offenders and severely impaired drunks, not social drinkers who straddle the legal threshold. Though the threat of drunken driving has significantly diminished over the last 20 years, it's still routinely overstated by anti-alcohol activists and lawmakers. Even if the threat were as severe as it's often portrayed, casting aside basic criminal protections and civil liberties is the wrong way to address it.DWI and DUI Resources
DUI Attorneys
› The Nations largest DUI/DWI/OUI Search Directory
Massachusetts DUI Attorneys - 1-800-DUI-LAWS
› Jones & Milligan
UI/DUI/DWI information page sponsored by the lawyer who wrote the book on OUI/DUI/DWI defense - Stephen L. Jones - Massachusetts leading OUI/DUI/DWI drunk driving defense lawyer
www.dwilawoffice.com
The Law Offices of Edward A. Loss III, P.C. limits its practice to the AGGRESSIVE
defense of the accused, impaired driver. Mr. Loss and his associates are experienced in felony and misdemeanor DUI cases including jury trials, non-jury trials, contested motion practice and DMV hearings
www.azduiatty.com
Atlanta DUI Attorney Georgia law firm handling DUI and criminal defense. Legal information about drunk driving (DUI/DWI) from Atlanta DUI attorneys. Free interview, toll-free line and on-line forms.
www.ga-drunkdrivinglawyer.com
Atlanta DUI Lawyer - DUI Firm Georgia law firm handling DUI and criminal defense. Legal information about drunk driving (DUI/DWI) from Atlanta DUI lawyers. Free interview, toll-free line and on-line forms.
www.georgiacriminaldefense.com
Sources: http://www.austintexasdwi.com/dwi-resources.html
› The Nations largest DUI/DWI/OUI Search Directory
| Southern California Criminal Defense Attorneys DUI/Drunk Driving Law and Criminal Defense practice, lawyers in our firm have offices in Los Angeles, San Diego, Long Beach, Beverly Hills, Irvine, Pasadena, and Riverside. |
› Jones & Milligan
UI/DUI/DWI information page sponsored by the lawyer who wrote the book on OUI/DUI/DWI defense - Stephen L. Jones - Massachusetts leading OUI/DUI/DWI drunk driving defense lawyer
www.dwilawoffice.com
The Law Offices of Edward A. Loss III, P.C. limits its practice to the AGGRESSIVE
defense of the accused, impaired driver. Mr. Loss and his associates are experienced in felony and misdemeanor DUI cases including jury trials, non-jury trials, contested motion practice and DMV hearings
www.azduiatty.com
Atlanta DUI Attorney Georgia law firm handling DUI and criminal defense. Legal information about drunk driving (DUI/DWI) from Atlanta DUI attorneys. Free interview, toll-free line and on-line forms.
www.ga-drunkdrivinglawyer.com
Atlanta DUI Lawyer - DUI Firm Georgia law firm handling DUI and criminal defense. Legal information about drunk driving (DUI/DWI) from Atlanta DUI lawyers. Free interview, toll-free line and on-line forms.
www.georgiacriminaldefense.com
Sources: http://www.austintexasdwi.com/dwi-resources.html
Texas DWI police mistakes - How they can help you.
• Following a driver into his residence without an invitation or without enough information to justify the entry. Your home is protected under the fourth amendment.
• Basing an arrest on the statements of the driver alone. The officer must have independent evidence to corroborate these statements. This often arises when he has not seen you in physical control of your car.
• Detaining a driver longer than is reasonable to investigate. The constitution does not allow officers to hold you without limit.
• Stopping a vehicle without an articulable suspicion. An officer cannot stop you just because he thinks you are suspicious.
• Stopping a vehicle because it stops in the middle of the street or it is driving too slow. Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you.
• Weaving within a lane. The statute only requires you to drive as nearly as is practical within a single lane. Some cases hold that one weave into the shoulder is not enough reason for a stop.
Stopping a vehicle based on a misperceived violation of a law. The officer must be right about his interpretation of the law.
• Stopping a vehicle for an improper sign. Street signs and lane markings must comply with Texas law.
• Failing to follow the rules of the Department of Public Safety, Breath Testing Manual. These failures may invalidate any alcohol testing.
• Stopping at an improper roadblock. There are guidelines that must be followed to validate the stop.
• Stopping a vehicle just to check the driver's license and registration. There must be an actual traffic violation or an articulable suspicion of a crime.
• Stopping a vehicle without being able to identify it as the one actually committing a traffic infraction. Officers must be able to convince the Court that they stopped the right car.
• Stopping a vehicle for no reason at all. It's done. Officers usually do not show up in Court on these.
• Blocking a vehicle's exit without justification. Officers may not restrict a drivers freedom to leave without a reason.
Phone (512) 469 - 6056
Toll Free 1(888) DWI-TEXAS.
The Chase Building - 700 Lavaca, Suite 1010
Austin, Texas 78701 - Map & Directions
Choosing the Right Texas Criminal Defense Attorney
Texas DWI laws are both political and complex. Moreover, since the laws change so often and the consequences of even a first conviction are so severe, finding a lawyer who is experienced at handling DWI, Drunk Driving, Driving While Intoxicated cases should be your top priority.
If you’ve never been through this before you probably don’t know where to begin in your search for an attorney. Further, not knowing what to look for in a Texas DWI defense attorney makes the challenge of finding the right lawyer even more difficult. You’ll need to find an experienced, competent defense lawyer who can explore factual and legal defenses, review your case for defects, move to suppress evidence, compel discovery of such things as calibration and maintenance records of the breath machine, negotiate for a reduction in charges, obtain expert witnesses for trial, protect your driving privileges and safeguard your constitutional rights.
Above all else you should attempt to retain an attorney who devotes the vast majority of his or her practice to the defense of DWI cases. No attorney can give you a guarantee on the outcome of your case, however, retaining a firm that emphasizes DWI defense will maximize the chances of a successful conclusion. If you do not have a sense of comfort and confidence after meeting with an attorney about your case you should look further.
• Does the attorney or law firm have extensive experience in DWI pretrial investigation and litigation?
• Does the attorney or law firm have a reputation for going to trial or for pleading cases guilty?
• Do you feel a strong sense of confidence in the lawyer’s or law firm’s ability to professionally handle your case, and do you feel comfortable with the manner in which the lawyer communicates with you? Does the lawyer seem genuinely interested in you and your case?
• Is the financial arrangement clearly defined?
• Questions you should ask to find the best DWI Defense Lawyer for your case:
• What part of your practice is dedicated to defending DWI cases?
• How many DWI cases have you handled?
• How many of your cases plead guilty as charged?
• Are you affiliated with the National College for DUI Defense?
• What other organizations do you belong to that advocate aggressive DWI defense?
• Are you familiar with the CMI Intoxilizer 5000 breath machine used in Texas?
• Have you completed training on the proper use of the CMI Intoxilizer 5000 breath machine?
• Do you own a CMI Intoxilizer 5000 breath machine?
• Have you completed training on the proper administration of Standardized Field Sobriety
Tests?
Will you handle my license suspension case in addition to the DWI charge?
• Do you regularly appear in the court in which I’m charged?
• Will the lawyer I hire be the lawyer who actually handles my case? In other words, does
the lawyer go to court, or will one of his employees handle my case.
• What will it cost to get a good lawyer?
Contact Ken Gibson Today!Phone (512) 469 - 6056
Toll Free 1(888) DWI-TEXAS.
The Chase Building - 700 Lavaca, Suite 1010
Austin, Texas 78701 - Map & Directions
Another Sucess DWI Succesds Story
Driving While Intoxicated - DL Hearing DISMISSED
My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer responded to a report of a collision that involved my client.
The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery eyes, and was staggering.
My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, took wrong # of steps, used arms for balance, stepped off the line and turned improperly. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance and put foot down 4 times.
We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the Officers involved to justify our client's arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.
My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer responded to a report of a collision that involved my client.
The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery eyes, and was staggering.
My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, took wrong # of steps, used arms for balance, stepped off the line and turned improperly. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance and put foot down 4 times.
We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the Officers involved to justify our client's arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.
Driving While Intoxicated - DL Hearing DISMISSED
Driving While Intoxicated - DL Hearing DISMISSED
My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer stopped my client for speeding. The Officer reported that my client had a strong odor of alcohol coming from her breath, had bloodshot, glassy and dilated eyes, and was swaying.
My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know she could refuse the tests. The Officer said my client exhibited 4 of 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, turned improperly, lost balance during instructions, stepped off the line and used arms for balance. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance, hopped and put foot down.
We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the Officers involved to justify our client's arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. Her LICENSE WAS NOT SUSPENDED.
Source: http://austin-dwi-results.blogspot.com/
My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer stopped my client for speeding. The Officer reported that my client had a strong odor of alcohol coming from her breath, had bloodshot, glassy and dilated eyes, and was swaying.
My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know she could refuse the tests. The Officer said my client exhibited 4 of 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, turned improperly, lost balance during instructions, stepped off the line and used arms for balance. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance, hopped and put foot down.
We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the Officers involved to justify our client's arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. Her LICENSE WAS NOT SUSPENDED.
Source: http://austin-dwi-results.blogspot.com/
DWI Laws - DUI Law Enforcement in Texas
There are nearly 1.5 million Driving While Intoxicated (DWI) arrests each year in this country, making impaired driving one of the most frequently committed crimes.
Austin , Texas modified their DWI program in 1999. A key feature of Austin 's program was the development of a full-time team of DWI "specialists." These officers patrol the streets in two-person teams, looking for impaired drivers. They are also available to assist general patrol officers in processing DWI offenders - thus relieving the burden on those officers so that they can return to their patrol duties.
Austin 's program includes enhanced training for officers in DWI enforcement. Rookie officers now accompany members of the DWI team for four weeks to gain hands-on experience in identifying and processing DWI suspects. The unit is under the direction of the Traffic Administration Section.
The enforcement team, is comprised of eight patrol officers and one sergeant, and concentrates its patrol efforts on detecting and apprehending impaired drivers. Each officer assigned to the DWI enforcement unit receives training in administering the Standardized Field Sobriety Tests. They also became certified Intoxilyzer operators, and several have completed a drug recognition course.
While all APD officers receive DWI enforcement training at some point at the APD police academy, many officers have not had recent experience in handling the complicated processing required by this type of arrest. A training videotape was utilized by the Traffic Office to brief all officers assigned to the task force on the proper DWI enforcement procedures. The supervisors of officers requiring additional training notified the Traffic Office for additional training assistance. All DWI task force officers work in uniform and drive marked police units.
The dedicated unit concentrates enforcement efforts on areas where DWI offenses are most likely to occur (e.g., entertainment areas featuring bars and nightclubs) during times when most impaired drivers are on the road (i.e., evenings, weekends and holidays). Typically, the DWI units are dispersed throughout the city, but at times saturation tactics are utilized. In addition to initiating their own alcohol-related arrests, members of the Enforcement Team provide support to regular patrol officers during peak offense times, relieving patrol officers by handling the lengthy processing of DWI arrests.
If asked to assist in a supporting role, the special officer may supervise the process, or may advise at certain points, such as validating the HGN results. Or, if asked, the special officer may completely take over the arrest, which allows the general patrol officer to return to service quickly. In this case, the initiating officer would then be responsible for writing a supplement to the DWI unit officer's report. The supplement to the main report contains the reasons why the general patrol officer stopped the vehicle, what was observed and that the process was turned over to the DWI unit. If there is not a sober occupant in the vehicle to drive it, the general patrol officer may wait for the police wrecker to tow the vehicle.
The entire DWI enforcement unit works every Friday evening. The unit is split with half working Tuesday through Friday evenings, and the remaining working Wednesday through Saturday evenings. The shifts are rotated every four weeks. Reportedly there is a low turnover rate within the unit and several officers have been with the unit for four years. The DWI enforcement unit is not an assigned unit, meaning APD officers must apply for any open positions. The current sergeant for the unit reports that officers serving on the Unit are passionate about making arrests. DWI arrests are one of the few areas in law enforcement where the arresting officers can follow a case from arrest to adjudication.
While all APD officers have, at some point, received training on detecting and arresting DWI offenders, many have not actually handled this type of arrest, or at least not recently enough to feel comfortable about properly handling the complicated procedures and paperwork. If this is the case, general patrol officers, upon stopping a suspected impaired driver, may elect to call in a DWI special enforcement unit officer to support or handle the arrest process. Or new officers with less experience, who do want to handle the arrest, may need assistance, because during the time that rookie officers initially spend riding with training officers, they may never encounter a DWI. When they eventually do detect and stop a DWI suspect, enough time may have passed since their academy training that they may wish to have an experienced DWI officer present to offer guidance and assistance.
In fact, in August 2002, a new aspect of the cadet training program began in an effort to expose new officers to the actual DWI arrest process. Under this program, each area commander sends one rookie officer per week to the DWI unit for a three-week assignment. The first week, each cadet rides with a DWI unit officer and observes procedures and reviews their skills in ad-ministering the roadside tests. On the second and third weeks of their temporary assignment, they ride alone but work with the DWI unit taking hand-off arrests and making some of their own DWI arrests. Therefore the cadets, while learning proper procedures, strengthen the number of officers serving on the DWI unit. The fourth week they report back to their shift at their as-signed area command. By this time, they are familiar with apprehending and processing their own DWI offenders and with taking hand-offs from fellow officers in their area command. This training program should help to maintain, and perhaps further increase, the number of DWI arrests.
DWI Arrests
The number of DWI arrests had been trending down from about 3,500 in 1990 to only 2,200 in 1996, and had been holding steady from 1994 through 1997.
With the start of a part-time DWI task force in 1998, arrests increased to 4,077, an increase of 48 percent over the 2,747 arrested for DWI in 1997. A further increase to 4,500 occurred in 1999 during the transition from the task force to the full-time DWI unit. The arrest rate remained at a high level in the following two years, with only a slight dip in 2001.
Convictions
Conviction rates for DWI cases adjudicated in county courts in Travis County (where Austin is located) increased from approximately 70 percent in 1996 to 77 percent immediately after the start of the program. This 7 percent increase in conviction rates remained in effect through the year 2001.
Source: http://www.austintexasdwi.com/texas-dwi-laws.html
Austin , Texas modified their DWI program in 1999. A key feature of Austin 's program was the development of a full-time team of DWI "specialists." These officers patrol the streets in two-person teams, looking for impaired drivers. They are also available to assist general patrol officers in processing DWI offenders - thus relieving the burden on those officers so that they can return to their patrol duties.
Austin 's program includes enhanced training for officers in DWI enforcement. Rookie officers now accompany members of the DWI team for four weeks to gain hands-on experience in identifying and processing DWI suspects. The unit is under the direction of the Traffic Administration Section.
The enforcement team, is comprised of eight patrol officers and one sergeant, and concentrates its patrol efforts on detecting and apprehending impaired drivers. Each officer assigned to the DWI enforcement unit receives training in administering the Standardized Field Sobriety Tests. They also became certified Intoxilyzer operators, and several have completed a drug recognition course.
While all APD officers receive DWI enforcement training at some point at the APD police academy, many officers have not had recent experience in handling the complicated processing required by this type of arrest. A training videotape was utilized by the Traffic Office to brief all officers assigned to the task force on the proper DWI enforcement procedures. The supervisors of officers requiring additional training notified the Traffic Office for additional training assistance. All DWI task force officers work in uniform and drive marked police units.
The dedicated unit concentrates enforcement efforts on areas where DWI offenses are most likely to occur (e.g., entertainment areas featuring bars and nightclubs) during times when most impaired drivers are on the road (i.e., evenings, weekends and holidays). Typically, the DWI units are dispersed throughout the city, but at times saturation tactics are utilized. In addition to initiating their own alcohol-related arrests, members of the Enforcement Team provide support to regular patrol officers during peak offense times, relieving patrol officers by handling the lengthy processing of DWI arrests.
If asked to assist in a supporting role, the special officer may supervise the process, or may advise at certain points, such as validating the HGN results. Or, if asked, the special officer may completely take over the arrest, which allows the general patrol officer to return to service quickly. In this case, the initiating officer would then be responsible for writing a supplement to the DWI unit officer's report. The supplement to the main report contains the reasons why the general patrol officer stopped the vehicle, what was observed and that the process was turned over to the DWI unit. If there is not a sober occupant in the vehicle to drive it, the general patrol officer may wait for the police wrecker to tow the vehicle.
The entire DWI enforcement unit works every Friday evening. The unit is split with half working Tuesday through Friday evenings, and the remaining working Wednesday through Saturday evenings. The shifts are rotated every four weeks. Reportedly there is a low turnover rate within the unit and several officers have been with the unit for four years. The DWI enforcement unit is not an assigned unit, meaning APD officers must apply for any open positions. The current sergeant for the unit reports that officers serving on the Unit are passionate about making arrests. DWI arrests are one of the few areas in law enforcement where the arresting officers can follow a case from arrest to adjudication.
While all APD officers have, at some point, received training on detecting and arresting DWI offenders, many have not actually handled this type of arrest, or at least not recently enough to feel comfortable about properly handling the complicated procedures and paperwork. If this is the case, general patrol officers, upon stopping a suspected impaired driver, may elect to call in a DWI special enforcement unit officer to support or handle the arrest process. Or new officers with less experience, who do want to handle the arrest, may need assistance, because during the time that rookie officers initially spend riding with training officers, they may never encounter a DWI. When they eventually do detect and stop a DWI suspect, enough time may have passed since their academy training that they may wish to have an experienced DWI officer present to offer guidance and assistance.
In fact, in August 2002, a new aspect of the cadet training program began in an effort to expose new officers to the actual DWI arrest process. Under this program, each area commander sends one rookie officer per week to the DWI unit for a three-week assignment. The first week, each cadet rides with a DWI unit officer and observes procedures and reviews their skills in ad-ministering the roadside tests. On the second and third weeks of their temporary assignment, they ride alone but work with the DWI unit taking hand-off arrests and making some of their own DWI arrests. Therefore the cadets, while learning proper procedures, strengthen the number of officers serving on the DWI unit. The fourth week they report back to their shift at their as-signed area command. By this time, they are familiar with apprehending and processing their own DWI offenders and with taking hand-offs from fellow officers in their area command. This training program should help to maintain, and perhaps further increase, the number of DWI arrests.
DWI Arrests
The number of DWI arrests had been trending down from about 3,500 in 1990 to only 2,200 in 1996, and had been holding steady from 1994 through 1997.
With the start of a part-time DWI task force in 1998, arrests increased to 4,077, an increase of 48 percent over the 2,747 arrested for DWI in 1997. A further increase to 4,500 occurred in 1999 during the transition from the task force to the full-time DWI unit. The arrest rate remained at a high level in the following two years, with only a slight dip in 2001.
Convictions
Conviction rates for DWI cases adjudicated in county courts in Travis County (where Austin is located) increased from approximately 70 percent in 1996 to 77 percent immediately after the start of the program. This 7 percent increase in conviction rates remained in effect through the year 2001.
Source: http://www.austintexasdwi.com/texas-dwi-laws.html
Texas DWI Laws
What happens after a DWI arrest in Texas?
Administrative License Revocation:
To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension(usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. It is our opinion you should requests the officer's presence at the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.
lst Appearance:
If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually 30 days after your arrest). If you hire an attorney, the attorney can usually make this appearance for you, so that you do not have to attend. During this 30 day period, the case is sent to the County Attorney's office for further investigation. The County Attorney then prepares an information and files this with the County Clerk, and your case is set on the court's docket.
Pre-trial Conference:
Your attorney will discuss your case with the County Attorney to discuss the best possible resolution of your case. This conference will happen about 8-10 weeks after your 1st Appearance date.
Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre-trial conference.
Trial:
You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve.
Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.
Source: http://www.austintexasdwi.com/texas-dwi-laws.html
Administrative License Revocation:
To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension(usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. It is our opinion you should requests the officer's presence at the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.
lst Appearance:
If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually 30 days after your arrest). If you hire an attorney, the attorney can usually make this appearance for you, so that you do not have to attend. During this 30 day period, the case is sent to the County Attorney's office for further investigation. The County Attorney then prepares an information and files this with the County Clerk, and your case is set on the court's docket.
Pre-trial Conference:
Your attorney will discuss your case with the County Attorney to discuss the best possible resolution of your case. This conference will happen about 8-10 weeks after your 1st Appearance date.
Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre-trial conference.
Trial:
You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve.
Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.
Source: http://www.austintexasdwi.com/texas-dwi-laws.html
DWI Penalties in Texas - Austin Criminal Defense FAQs Driving While Intoxicated Frequently Asked DUI & DWI Questions
Why are Texas DWI laws so vigorously enforced?
There are tremendous societal pressures to make DWI arrests. MADD puts a great deal of pressure on the County Attorney and Police Departments to get ³tough² on people that drink and drive.
When should I hire a criminal defense attorney?
Immediately. Texas law requires that a request for a hearing to keep your license must be made within 15 days from the date of your DWI arrest. If you fail to hire an attorney, and a hearing is not requested, you waive the opportunity to fight the license suspension. In short, the sooner you act the better chance I will have in providing the best criminal DWI defense you need.
I was arrested for DWI in Texas. Is my license automatically suspended?
No. However, if you refused to provide a sample of your breath or blood, or if you provided a sample and they say it had an alcohol concentration of .08 or greater, and a hearing is not requested to fight the DWI suspension, it will be suspended.
Is there any benefit in requesting an Administrative License Revocation (ALR) Hearing?
Absolutely. We have been able to keep a large number of our clients here in Texas from ever having their license suspended.
Also, it is the first and probably only opportunity that we will have to speak to the officer and get ³his story² before the prosecutors have a chance to coach the officer.
If my license is suspended for a DWI, can I get a license to drive to work?
In almost every case, yes. Depending on your criminal and driving record, we can almost always get you an Occupational Driver¹s License that will allow you to drive to and from work. It will also allow you to drive between locations, if your job requires you to travel as part of your duties.
I got a Texas DWI and I have never been in trouble before. Am I going to jail?
Probably not. All cases are different, and I will have to look at your specific facts, but in most cases, I can successfully fight to keep you out of jail.
What part of your practice is devoted to defending Texas DWI cases?
Nearly every one of my cases is a DWI case. Texas DWI laws and techniques in defending DWI are constantly changing. What worked yesterday may not be the best approach today. It is important to find a lawyer who stays on top of the current Texas DWI laws, trends, and what occurs in Courts everyday. I am such a lawyer. Also, I concentrate my Continuing Legal Education on DWI specific seminars, rather than general criminal law issues.
Are you skilled in the proper administration of Standardized Field Sobriety Tests?
Yes. I have completed training for the National Highway Traffic Safety Administration (NHTSA) standardized field sobriety tests. This will allow me to better evaluate how you did on the tests, and more importantly, evaluate how the police officer administered them. This is important because most DWI prosecutions involve results of "field sobriety tests," some of which have been the subject of scientific studies conducted by the NHTSA.
Are you familiar with the breath test machine, the Intoxilyzer 5000, used in Texas?
Yes. I own two of my own Intoxilyzer 5000 machines. To the average criminal defense attorney, a breath test above the legal limit means "plead guilty" from the beginning, even though they will not tell you this until after the fee has been paid. To a true DWI defense attorney, a failed breath test in no way means you are guilty. I understand how the breath test machine works, what can cause you to submit an erroneously high reading, the philosophy behind breath testing, and how alcohol is absorbed and eliminated from the body. This is often the difference between a guilty and Not Guilty verdict. If you are serious about being found Not Guilty, it is a must that your lawyer be very knowledgeable about alcohol and the human body and its affect on breath testing.
Can you get my DWI case dismissed?
It would be unethical for me to promise that I will get your DWI case dismissed. That being said, my goal will be to get your case dismissed, keep your record clean, and prevent you from losing your freedom, dignity, and license to drive.
Source: http://www.austintexasdwi.com
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