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Driving While Intoxicated

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 DWI / Drunk Driving

Being charged with the offense of DWI (Driving While Intoxicated) is a Class B Misdemeanor, with a punishment range of 3 to 180 days in Jail, up to a $2,000 fine and suspension of your driver's license.  It is important to determine all of the possible defenses you may have in your DWI case. 

If you have not taken the breathalyzer test, your case will be determined on the videotape of the arrest and the police report. Lawyer attorney Texas lawyer Austin attorney

There are countless strategies I use to provide the best possible DWI defense for my clients, including:

  1. Challenging the legality of the traffic stop when you were pulled over

  2. Challenging the Police Report

  3. Attacking the Credibility of the Breath or Blood Test

  4. Evaluating and interpreting the videotape of the arrest

I will keep looking for the evidence that will help me get your DWI case dismissed or get the charges reduced.

If you took the breath or Blood test.

If you have chosen to take the breathalyzer or Blood test, intoxication is defined as a breath or blood sample over the .08 level.  The defense to a alcohol level over .08 is to attack the accuracy of the result looking at the person giving the test, the procedures used in administering the test, and the accuracy of the calibration of the equipment. 

It is much more difficult to contest a DWI when a test has been performed.  Many times it becomes a matter of viewing the videotape in an effort to reduce the sentence and obtain probation.   

If convicted, probation is usually offered on a first offense and if the Texas Department of Public Safety Driving Course is taken within 6 months of the conviction, you will get your license reinstated.

I do not recommend taking the breathalyzer test or any of the sobriety tests, including the eye test (Horizontal Nystigmus Gaze).  You should be polite, answer the officers question regarding you identity only.  If asked how many drinks you have had, or any other questions, simply state: "I do not want to answer any questions without my attorney present" If you do not take the breathalyzer test, your case will be determined on basis of the video tape and the police report. 

If you need an experienced Criminal Defense attorney, please contact us today. We can help you!

Call Mike 24 hours: (512) 694-0341

 

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