DWI Law in The State Of
Texas / FAQ
Why are Texas DWI laws so vigorously
There are tremendous societal pressures to make DWI arrests. MADD
puts a great deal of pressure on the County Attorney and Police
Departments to get “tough” on people that drink and drive.
When should I hire a criminal defense
Immediately. Texas law requires that a request for a hearing to keep
your license must be made within 15 days from the date of your DWI
arrest. If you fail to hire an attorney, and a hearing is not
requested, you waive the opportunity to fight the license
suspension. In short, the sooner you act the better chance I will
have in providing the best criminal DWI defense you need.
I was arrested for DWI in Texas. Is my
license automatically suspended?
No. However, if you refused to provide a sample of your breath or
blood, or if you provided a sample and they say it had an alcohol
concentration of .08 or greater, and a hearing is not requested to
fight the DWI suspension, it will be suspended.
Is there any benefit in requesting an
Administrative License Revocation (ALR) Hearing?
Absolutely. We have been able to keep a large number of our clients
here in Texas from ever having their license suspended. Also, it is
the first and probably only opportunity that we will have to speak
to the officer and get “his story” before the prosecutors have a
chance to coach the officer.
If my license is suspended for a DWI, can I
get a license to drive to work?
In almost every case, yes. Depending on your criminal and driving
record, we can almost always get you an Occupational Driver’s
License that will allow you to drive to and from work. It will also
allow you to drive between locations, if your job requires you to
travel as part of your duties.
I got a Texas DWI and I have never been in
trouble before. Am I going to jail?
Probably not. All cases are different, and I will have to look at
your specific facts, but in most cases, I can successfully fight to
keep you out of jail.
What part of your practice is devoted to
defending Texas DWI cases?
Nearly every one of my cases is a DWI case. Texas DWI laws and
techniques in defending DWI are constantly changing. What worked
yesterday may not be the best approach today. It is important to
find a lawyer who stays on top of the current Texas DWI laws,
trends, and what occurs in Courts everyday. I am such a lawyer.
Also, I concentrate my Continuing Legal Education on DWI specific
seminars, rather than general criminal law issues.
Are you skilled in the proper
administration of Standardized Field Sobriety Tests?
Yes. I have completed training for the National Highway Traffic
Safety Administration (NHTSA) standardized field sobriety tests.
This will allow me to better evaluate how you did on the tests, and
more importantly, evaluate how the police officer administered them.
This is important because most DWI prosecutions involve results of
"field sobriety tests," some of which have been the subject of
scientific studies conducted by the NHTSA.
Are you familiar with the breath test
machine, the Intoxilyzer 5000, used in Texas?
Yes. I own two of my own Intoxilyzer 5000 machines. To the average
criminal defense attorney, a breath test above the legal limit means
"plead guilty" from the beginning, even though they will not tell
you this until after the fee has been paid. To a true DWI defense
attorney, a failed breath test in no way means you are guilty. I
understand how the breath test machine works, what can cause you to
submit an erroneously high reading, the philosophy behind breath
testing, and how alcohol is absorbed and eliminated from the body.
This is often the difference between a guilty and Not Guilty
verdict. If you are serious about being found Not Guilty, it is a
must that your lawyer be very knowledgeable about alcohol and the
human body and its affect on breath testing.
Can you get my DWI case dismissed?
It would be unethical for me to promise that I will get your DWI
case dismissed. That being said, my goal will be to get your case
dismissed, keep your record clean, and prevent you from losing your
freedom, dignity, and license to drive.
Serving Travis County, Hays County
And Williamson County
Texas attorney Ken Gibson a dedicated DWI lawyer in Austin focuses on representing individuals accused of misdemeanor DWI, felony DWI and DWI related
charges of intoxication. Over the years, he has defended against hundreds of DWI and DWI-related prosecutions throughout Texas.
Criminal Defense Trial Attorney
812 San Antonio St., Suite 100
Austin, TX 78701
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Ken Gibson criminal defense trial attorney in Austin, Texas
handling Drunk Driving (DWI) and Driving Under The Influence (DUI) in the state of Texas. Travis County, Williamson County, Hays County and Bastrop
County. Austin, Georgetown, Manor, Round Rock, Pflugerville, Del Valle, Cedar Park, San Marcos, Bastrop.
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