Austin Criminal Attorney
Charge: Driving While Intoxicated w/ .295 BAC
Result: Case Dismissed
Facts: Officer claimed the client was driving in the parking lot. Client failed field sobriety tests and refused breath and blood test. The officer obtained a warrant and blood was drawn at the jail. The blood test came back at a .295. At the ALR hearing, we thoroughly cross-examined the officer. The officer answers were insufficient to prove even probable cause for the arrest. The State had no way to proceed …
Austin Criminal Attorney
A criminal arrest requires the officer to have “reasonable suspicion” to make contact with the arrested individual. Reasonable suspicion is what the officer will use to justify that the contact was legal. The type of case you are facing will differ in when Miranda Rights were read to you. For instance, in a DWI arrest the officer will likely not read you Miranda Rights; whereas in a criminal investigation, if you are arrested, you must be informed of these rights prior to law enforcement asking you any questions.
In an Austin DWI traffic stop the officer will use some traffic violation or driving pattern to justify the reasonable suspicion for the stop. Once the officer makes contact, the odor of alcohol is used to justify further investigation. At this point the officer is attempting to gather “probable cause” to make an arrest. “Probable cause” is not defined in Texas but the definition we used when I made criminal arrests was ‘the set of facts and circumstances that would lead a reasonable and prudent person to believe a crime has been or is about to be committed.’
The officer will gather this probable cause through asking you questions, visual observations, the officer’s opinion on how well you performed on the Field Sobriety Tests, and the results of any breath tests. As an Austin Criminal Defense Attorney, I suggest NEVER telling the officer where you have been or if you have had any drinks. The same logic applies to other criminal arrests. It is better to have an Austin criminal defense attorney if you are questioned about criminal activity. This is to ensure you do not waive any Constitutional rights in your case. My team is here to ensure you do not say anything that may incriminate yourself, your 5th Amendment right against self-incrimination, during the investigation.
Texas has certain offenses that are “enhanceable”. This means that if you are convicted of the offense now, then the same offense will be a higher criminal charge in the future. One example is a Texas DWI conviction. Although some states will not use a previous DWI/DUI to enhance a charge after a period of time; in a Texas DWI arrest a past conviction for DWI will always be used to enhance your DWI charge. This means a second offense is a Class A misdemeanor and a third offense is a Felony.
The same “enhancement” applies to other criminal charges, including family violence and domestic violence cases. If you are arrested you want to ensure you hire the best criminal defense attorney in Austin. A conviction for any criminal activity can be life altering. Hire a team of Austin criminal defense attorneys that will fight for you.
The key to defending an Austin criminal charge is knowledge. We have multiple Austin criminal defense attorneys who were previously on the law enforcement side making arrests. Steve and David both have the knowledge gained as law enforcement officers and as field training officers, training others on how to conduct Texas criminal arrests. Our team approach, combined with past experience, helps to ensure you have the greatest chance of having your charges reduced, dismissed, or a not guilty verdict at trial. Don’t settle for any attorney; call an Austin criminal defense attorney who will fight for your case like it is his own case!
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