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Result: Case Dismissed
Charge: Driving While Intoxicated w/ .295 BAC
Facts: Officer claimed client was driving in 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 throughly cross examined the officer. The officers answers were insufficient to prove even probable cause for the arrest. The State had no way to proceed with the criminal charges. Case Dismissed.
Result: Case Dismissed/Expunged
Charge: Driving While Intoxicated
Facts: Officer clocked client driving 115 mph on I-35. Client failed field sobriety tests and provided a breath sample of .12 (1 1/2 times the legal limit). Client was at risk of deportation if convicted of a DWI. On the date of trial the state agreed to a deferred Class C speeding ticket. After six months the speeding ticket was dismissed. Case Dismissed/Expunged.
Result: Case Dismissed
Charge: Driving While Intoxicated w/ Accident
Facts: Client took a turn too fast and wrecked sports car. Client failed field sobriety tests and provided a breath sample of a .13 (over 1 1/2 times the legal limit). The case was set for trial and reduced to a deferred Class C traffic citation on the trial date. After six months the traffic citation was dismissed. Case Dismissed.
Austin DWI Lawyer
A Texas DWI arrest requires the officer to have “reasonable suspicion” to make contact with the driver of the vehicle. Reasonable suspicion is what the officer will use to justify that the stop was legal. The officer will generally justify the initial stop by indicating a traffic violation, utilizing the National Highway Transportation Safety Administration publications indicating factors of intoxicated driving, a tip from a caller, or even by saying they were checking on a person via the community caretaking doctrine.
In an Austin DWI traffic stop the officer will almost always use the odor of alcohol 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 DWI 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 DWI Attorney, I suggest NEVER telling the officer where you have been or if you have had any drinks. I also suggest never taking the Field Sobriety Tests, or providing a breath or blood sample because these tests can be flawed.
A Texas DWI conviction will stay on your record permanently. Although some states will not use a previous DWI/DUI to enhance a charge after a period of time; in an Austin DWI arrest a past conviction for DWI will always be used to enhance your DWI charge.
What does this mean? If you plea to a DWI now and get another 20 years later, it will be a DWI-2nd. If you ever get a third DWI it will be a felony. As an Austin DWI Attorney I see this very scenario. Unfortunately, even if the case is later dismissed or you receive a Not Guilty at trial, the stress and life impact of facing a felony conviction is life altering. No one ever plans on getting another DWI but it does happen. This is why it is important to have a properly trained Austin DWI Attorney represent you during your case.
The key to defending an Austin DWI is knowledge. As an Austin DWI Attorney who was previously on the side making arrests, the DWI man has the knowledge gained as a law enforcement officer making arrests and as a field training officer, training others on how to conduct Texas DWI arrests. His past combined with his commitment to studying the latest cutting edge science in DWI cases ensures 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 DWI Attorney who will fight for your case like it is his own case!
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We will get to know you and your situation so that we can guide you through this uncertain time and seek to have your DWI case reduced, dismissed, or get a Not Guilty at trial.
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