DWI Lawyer in Austin Texas
The Austin DWI Blog covers topics about DWI & DUI arrests in Texas .
Folks charged with a Texas DWI can learn about driver’s license hearings, occupational licenses, and criminal penalties for their cases. It’s also important to remember the 15 day time limit from the date of the DWI arrest to request the license hearing to contest a suspension.
Topics include proper police procedures in administering the field sobriety tests, and breath test refusal cases.  First time DWI offenses in Austin with no aggravating factors, such as collisions, usually receive probation rather than jail…but most folks want a DWI attorney that knows how to increase their chances of beating the DWI charge.
Austin police have an “arrest everyone, sort it out later†policy in effect; in essence, it’s a “zero tolerance†policy. What this means to the average driver is that if they are pulled over for a traffic violation and the officer smells alcohol on their breath, they will probably be arrested and go to jail that night for DWI, no matter how well they perform the field sobriety tests.
But the law in Texas doesn’t say that driving after drinking is necessarily a crime; only driving while intoxicated.Â
The first part of DWI defense in Texas involves subpoenaing the officer to testify at the driver’s license hearing. This is your lawyer’s first opportunity to cross examine the officer that arrested you about the facts of your case. It can also be used to dig up valuable information about the officer himself: Did he administer the tests properly? Is he NHTSA certified? Will the results of the tests be admissible in court against you?