Austin Texas DWI case basics

1. The Basics of a DWI Case in Austin Austin Texas DWI Case Basics. Imagine driving home after a night of fun at your favorite Austin bar when you suddenly notice flashing lights and sirens behind you. Oftentimes, many law-abiding citizens have gone through the experience of a DWI checkpoint or a traffic stop, only to end up getting arrested afterward. Here are the basics of a DWI case in the city of Austin, Texas. *First up is the stop itself. If a police officer pulls you over and suspects that you have been drinking and driving, chances are they may end up beginning to administer a field sobriety test. This will involve the officer observing your eyes for any and all signs of alcohol use, as well as asking you to perform a few simple mental or physical tasks that require coordination. In the event that you end up failing this test, you may be asked to submit to a breath, blood, or urine test. DWI is typically defined by your blood alcohol content, with the maximum legal limit depending on your overall situation. Under the city’s implied consent law, any holder of a driver’s license is required to submit to these types of tests. Furthermore, police can also forcibly draw blood in the event that you were in an accident involving either serious injury or death. If the results show that your blood alcohol content was above the legal limit, then the officer will have probable cause to immediately arrest you. *Next is Austin’s implied consent law. This law requires drivers to submit to a breath, blood, or urine test if you are lawfully arrested for a DWI in order to determine your blood alcohol content, as well as the possible presence of any illegal drugs. If you refuse to take any of these tests,

2. your driver’s license will be immediately suspended for a period of 180 days, and if you refuse for a second time, your license will be suspended for a period of two years. *Booking is next, as once you have been arrested, your next stop is likely to be your local police station. Here, you will be searched and all of your personal belongings will be confiscated until you have been released. Additionally, the police will take down all of your information, as well as notes regarding your arrest and the crime that you are alleged to have committed. From there, you will be fingerprinted and taken to a holding cell, where you will stay until it has been determined by authorities that you are no longer drunk. *Next is arraignment, a date for which you will receive notice of either at one of Travis County’s multiple branch courts or the Blackwell-Thurman Criminal Justice Center. This will involve a more formal reading of all of the charges against you, as well as your opportunity to plead either guilty or not guilty. When your case is called, you will be asked by the judge if you have an attorney. In the event that you aren’t able to afford one, the court will more than likely appoint one from the roster of the Travis County Public Defender office. At the conclusion of your arraignment, bail will be established by the judge. If you are a first-time offender, this amount is likely to be $500; however, second-time offenders can expect to see a bail amount of $2,500 and for each arrest after that, the amount will increase by another $1,000. If you are not able to afford bail, you can instead obtain a bail bond, which is where the bondsman will loan you the bail amount in exchange for 10% of the total loan.

3. *Revocation of your driver’s license is next, which will typically last between 90 days and two years. After your arrest, you will be subjected to an Administrative License Revocation; however, you can also request a special hearing with the Texas Department of Public Safety within 15 days of receiving the suspension notice in order to determine whether or not the suspension is actually valid. Failing to do so will result in you receiving an automatic suspension on the 40th day after receiving the notice. Furthermore, there is also the chance that you may be eligible for an occupational license, which is also commonly referred to as an essential needs license. In other words, this type of license will allow you to travel to and from work, school, and other essential duties while your normal driver’s license is suspended. *Austin Texas DWI Case Basics. The penalties involving DWI are often serious and can become increasingly harsh with each conviction. The sentence you receive can depend on the details of your specific case, as well as the total number of previous DWI convictions that you have. In the state of Texas, there is a five-year lookback period for your second DWI and a ten-year lookback period for your third DWI. Additionally, the state also requires the installation of an Ignition Interlock Device for a period of five years after your second conviction, the costs of which you will be responsible for as a condition of having all of your driving privileges restored.