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Ten Mistakes 

How to avoid 10 of the biggest mistakes most people make after being arrested for Drunk Driving.

Police Mistakes

Mistakes the police make . . . and how they can help you.

What Happens Next After A DWI Arrest?
There are usually both Motor Vehicle & Court Proceedings required when a DWI or Drunk Driving citation has been issued.

DWI Facts

A Summary of Texas Administrative License Suspension Laws DWI and "Administrative License Revocation" in the State of Texas

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DWI and DL Suspension Victories

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DWI Criminal Defense Attorney Austin, Texas. Jail release 24/7. Criminal defense DWI, drunk driving, driving while intoxicated. We win criminal DWI defense cases

Austin DWI Attorney - Austin Texas

Don't Let A Texas Driving While Intoxicated (DWI)
Arrest Ruin Your Life! Know Your Texas DWI Rights!

I will fight for your license, your freedom and your dignity.

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    When you have been investigated or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver's license, an increase in insurance costs, fines, court costs, a Driver's License Surcharge of between $3,000.00 and $6,000.00, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.

    The law says that the County Attorney needs only to prove that after drinking you were not able to drive your car in a 'normal' capacity. That sounds pretty cut and dried, but it is not quite as simple as that. 

You see, if challenged, the County Attorney must also show all of the following:

DWI Criminal Defense Attorney - Immediate Jail Release That the arresting officer made the arrest properly,
DWI Criminal Defense Attorney - Immediate Jail Release That you were properly advised of your rights,
DWI Criminal Defense Attorney - Immediate Jail Release That the equipment the officer used to test you was working accurately,
DWI Criminal Defense Attorney - Immediate Jail Release
Even that the person operating the equipment was certified to operate
    the equipment.

    Further, the officer that administers the 'standard field sobriety tests' should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administering these tests. I have successfully completed training for the National Highway Traffic Safety Administration Standardized Field Sobriety Testing. What does that mean to you? It means that in addition to grading you on your performance of the tests, I will also grade the officer to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the County Attorney or the jury to show that the tests results were unreliable and should not be believed.

    When you retain me I'll insist that the County Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions of them.

    I'll insist that the County Attorney provide us with any information or material he has which  could show that you are not guilty of the charges against you, or which may help you get a lighter sentence.

    I'll insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.

    I'll insist on receiving copies of records showing that the equipment used for tests was functioning properly and that the person giving the tests was properly certified.

    As you can see, what looks simple gets pretty complex. As your criminal defense attorney I will insist that all this information be provided and that you and I walk through all this information as we discuss and proceed on your case.

Austin DWI Defense Lawyer

    DRIVER LICENSE SUSPENSION - Your arrest may have included a cancellation of your Texas driving privileges for a specific period of time. YOU HAVE ONLY 15 DAYS FROM THE DATE OF YOUR ARREST TO REQUEST A HEARING ON THIS MATTER. I believe that this hearing is extremely important, not only to challenge your suspension but also as an opportunity for your attorney to question the arresting officer to find out exactly what he is going to say in court. If you retain our office to represent you, part of that representation includes representing you at the driver license suspension. However, remember you must request this hearing no later than 15 days from your arrest so it is important that you contact me as soon as possible to schedule an appointment. If your Texas driving privileges are ultimately suspended, in most cases we can get you a Texas license that will allow you to drive to and from work.

WARNING BEWARE: TEXAS DRIVER LICENSE SURCHARGE!!  Beginning with any Texas DWI Conviction for an offense committed on or after 09/01/03, the Texas Department Of Public Safety is authorized to charge a surcharge on your Driver's License. This charge will range from $1,000.00 to $2,000.00 a year for three years. Depending on whether you provided a breath sample, and the results, you could be facing a $6,000.00 fee to keep your license.

BREATH TEST CASES: I own an Intoxilyzer 5000. If you took a breath test at the jail, this is the same model of machine that you used. I have also completed training under the Department of Transportation regulations as an Intoxilyzer Operator and Maintenance Technician. I also have access to various Breath Test Experts that may be helpful in your case. Just because your results were over a certain limit, does not automatically prove you guilty.

    The government with all of its resources can frequently make your life miserable; regardless of whether you have actually committed the crime. Real life criminal law is NOT like television. Cases are not resolved in one hour, and the solutions are normally not simple. Hiring a criminal defense trial lawyer can be the most important decision you make.

    When you find yourself, a family member, or friend in this situation, you need an experienced and well-skilled attorney who practices only in the area of criminal defense law. For better or worse, criminal law has its own unique practice and methodology. Frequently you will find attorneys who practice criminal law, but also handle personal injury, divorce, and other matters. They may be good attorneys, but I believe that criminal law is too specialized to risk my clients to any distractions facing an attorney who handles multiple types of law and who is not in the trenches everyday.

    Please call and schedule an appointment at your earliest convenience, because I can help you through the unfamiliar territory of the criminal justice system. Because each case is different and special, I offer a free initial consultation where you and I can sit down and discuss the charges against you and what options are available to you. To assist you financially in paying any attorney fees, I offer flat rate fees and flexible payment plans that will allow you to hire me as your criminal defense attorney so that I can start immediately to protect your rights.

DWI Information and Facts: You can never have too much information at your finger tips.

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Austin Criminal Defense Trial Attorney
812 San Antonio St., Suite 100
Austin, TX 78701

(512) 469-6056

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(866) 469-6056

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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