DWI Austin Texas
DWI Austin Texas
You may be charged with Driving While Intoxicated (DWI Austin) if you are operating a motor vehicle with a blood alcohol content of.08 or higher, or operating a motor vehicle without the presence of your mental or physical faculties. An arrest for DWI in Texas involves several factors that contribute to the arrest and prosecution of the case. This includes the fact that you can be arrested for a DWI even if you have consumed no alcohol or drugs. Section 49.01 of the Texas Penal Code defines intoxicated as not having the normal use of mental or physical faculties because of introducing alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances into the body; or having an alcohol concentration of 0.08 or more. The State can request a toxicology report to examine the blood that was drawn. In short, if you have taken drugs but have not consumed alcohol, they can still charge you with a DWI.
Immediately after being arrested for DWI in Austin, Texas, many clients ask, “Is a DWI a felony in Texas?” The brief answer is yes; however, the arrest is simply the beginning of the process.
What happens to your driver’s license when receiving DWI Austin, Texas?
If they arrested you for Driving While Intoxicated, your driver’s license may be suspended under the Administrative License Revocation (ALR) Program. This process is a civil administrative process that is not related to the criminal court case. The ALR Program may cause a suspension of your license regardless of the outcome of your criminal case. Your license may be suspended even if your charges are dismissed or they found you not guilty at trial.
The arresting officer will confiscate your driver’s license and will give you a temporary driving permit. Your driver’s license will be suspended approximately 40 days after arrest. If you volunteer a breath or blood sample, your driver’s license will be suspended for 90 days. If the officer gets a warrant for your blood, your driver’s license will be suspended for 180 days.
Texas DWI Laws dictate that if you are arrested and refuse and/or fail a breathalyzer/blood test, you will receive notice that your Texas driver’s license will be suspended. From this notice, you have 15 days to request a DWI Driver’s License Hearing. If you cannot request a DWI Driver’s License Hearing, the suspension automatically begins on the 40th day after it has served the notice, which is typically 40 days after your arrest.
You have 15 days to request an Administrative License Review hearing. This is a civil hearing that takes place at the State Office of Administrative Hearings. This hearing is only about your driver’s license suspension and has nothing to do with your criminal case. At this hearing, they require the state to prove 2 things:
- That you were driving; and
- That you had ANY alcohol in your system.
If you gave a breath or blood sample, those results will be available for this hearing. If you did not give a breath or blood sample but admitted to drinking any alcohol, the state will use those admissions to prove that you were drinking.
The request for the DWI Driver’s License Hearing must be submitted before the 15-day deadline. If the request is submitted over the 15 days, the hearing will be denied.
The hearing can take up to 120 days to be scheduled. The hearing comprises several steps:
- The Department of Public Safety must submit an arrest report to the presiding judge.
- The police report will be admitted as evidence without testimony or the arresting officer will be present (if subpoenaed by the accused).
- The accused can provide the facts of the case to the hearing officer and fight the suspension of the driver’s license.
- The presiding judge will then review the case and rule on the validity of the suspension.
The Hull Firm provides representation at the hearing for our clients, including discovery requests, review of video/audio, identifying flaws in the case, and ultimately fighting to keep your driving privileges.
What happens when my license gets suspended? How can I keep driving if I receive a DWI Austin, Texas?
You can get an Occupational Driver’s License (ODL), but keep in mind that there are requirements and restrictions. To get an ODL, you will need to gain an abstract of your driving record, an SR-22 and a copy of a pay stub, or sign an affidavit stating that you need an ODL to go to work or school.
What is an SR-22? What do I need to know about an SR-22 if I’m arrested for a DWI Austin, Texas?
An SR-22 is a particular type of insurance required by law if you have an Occupational Driver’s License. If you already have insurance for your vehicle, law still requires you to get the SR-22. Most insurance providers can issue an SR-22. The form certifies that an individual has the minimum liability insurance required by Texas law. Your insurance provider will automatically notify the Texas Department of Public Safety (DPS) when an SR-22 is canceled, ended or lapses.
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Call The Hull Firm today at 512-599-9999 for your free case review. We are your Austin DWI Attorney here to help you with your DWI and Criminal Defense needs 24 hours a day 7 days a week.
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