The 10 biggest mistakes most people make after being arrested for a DWI in Texas . . . and how to avoid them.
1. Not taking the matter seriously. This is a charge that will follow you for the rest of your life, if you are convicted. The additional insurance charges alone could cost you thousands of dollars.
2. Not hiring an attorney. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winable case can quickly become a loser.
3. Hiring an attorney based on the amount of the fee alone. The State of Texas has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.
4. Not complying with driver's license laws. You could lose your right to drive.
5. Driving after your license has been taken away.
6. Not taking full advantage of your constitutional rights.
7. Taking the prosecutor's first offer. The first offer is not a bargain, it's just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case.
8. Fail to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.
9. Talk to anyone but an attorney about your case. Anything you say to them can be used against you.
10. Think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney go to Court with you.
22 Kasım 2009 Pazar
Austin Criminal Defense Lawyer
Welcome: Criminal defense attorney David Frank is based in Austin, Texas has a reputation for being a tough and experienced criminal trial lawyer. If you or a loved one has been arrested, choosing the right criminal defense lawyer can mean the difference between freedom and jail. Choose a defense attorney that can achieve the best possible outcome, an attorney who can do something for you.
David Frank has been an attorney since 1992. Mr. Frank is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Well known among members of the Austin Criminal Defense Lawyers Association, Mr. Frank has devoted his practice to representing individuals accused of crimes. His practice includes defending against felony and misdemeanor charges such as theft, robbery or burglary, drugs, marijuana possession, drug possession, assault, misapplication of fiduciary property, fraud, resisting arrest, credit card abuse, domestic violence, DWI / DUI arrest cases, and possession cases. He aggressively represents clients who live throughout the state of Texas as well as clients living abroad. He uses the latest electronic legal research tools to find the cases that help his clients get results.
His many years of practice in the Austin and Travis County areas have given him a particular insight in dealing with the county and district courts. As a criminal defense attorney, avoiding unfair penalties is the primary goal. Mr. Frank explores alternatives to incarceration as he works to resolve his cases. As a criminal defense attorney, he knows the prosecutors and the judges -- and that is essential to being effective in the courtroom. Unlike some attorneys who advertise that they are "criminal defense trial lawyers" despite the fact that they never have taken a case to jury trial, Mr. Frank actually does try his cases.
NHTSA Certified Standard Field Sobriety Test Practitioner
DWI defense lawyer David Frank of Austin, Texas represents individuals accused of DWI (Driving While Intoxicated) and DUI (Driving Under the Influence), he has defended against DWI related prosecutions throughout Central Texas.
Getting a DWI (Driving While Intoxicated) is serious! You need to take it seriously - so should your lawyer. Even a conviction for a first-time DWI can carry serious consequences, not the least of which is $1,000 or more per year for three years just to keep your driver�s license.
If you are like the vast majority of those who get arrested for DWI, this is the ONLY way that you would ever have come into contact with the criminal justice system. Only because Texas DWI laws exist, do many people who would never dream of breaking the law find themselves arrested, photographed, fingerprinted, and generally �treated like criminals.� This is serious business. And once you have posted your bond, the whole process is really just beginning.
The Driving While Intoxicated Laws
A first-time DWI is a �Class B Misdemeanor.� This means it carries a criminal penalty of up to 6 months in the county jail and a fine of up to $2,000.
A second DWI is a �Class A Misdemeanor.� This grade of offense carries up to a year in county jail and up to a $4,000 fine.
A third DWI is a �Third Degree Felony,� which carries a penalty of up to ten years in prison and up to a $10,000 fine. That is penitentiary time, not county jail time.
A conviction for any of these also carries a mandatory driver�s license suspension of at least a year.
We hope that you will find this web site informative and helpful in answering your questions about selecting a defense lawyer. If you have any further questions, please contact us by clicking on our information form or calling the telephone number listed on this page.
David Frank has been an attorney since 1992. Mr. Frank is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Well known among members of the Austin Criminal Defense Lawyers Association, Mr. Frank has devoted his practice to representing individuals accused of crimes. His practice includes defending against felony and misdemeanor charges such as theft, robbery or burglary, drugs, marijuana possession, drug possession, assault, misapplication of fiduciary property, fraud, resisting arrest, credit card abuse, domestic violence, DWI / DUI arrest cases, and possession cases. He aggressively represents clients who live throughout the state of Texas as well as clients living abroad. He uses the latest electronic legal research tools to find the cases that help his clients get results.
His many years of practice in the Austin and Travis County areas have given him a particular insight in dealing with the county and district courts. As a criminal defense attorney, avoiding unfair penalties is the primary goal. Mr. Frank explores alternatives to incarceration as he works to resolve his cases. As a criminal defense attorney, he knows the prosecutors and the judges -- and that is essential to being effective in the courtroom. Unlike some attorneys who advertise that they are "criminal defense trial lawyers" despite the fact that they never have taken a case to jury trial, Mr. Frank actually does try his cases.
NHTSA Certified Standard Field Sobriety Test Practitioner
DWI defense lawyer David Frank of Austin, Texas represents individuals accused of DWI (Driving While Intoxicated) and DUI (Driving Under the Influence), he has defended against DWI related prosecutions throughout Central Texas.
Getting a DWI (Driving While Intoxicated) is serious! You need to take it seriously - so should your lawyer. Even a conviction for a first-time DWI can carry serious consequences, not the least of which is $1,000 or more per year for three years just to keep your driver�s license.
If you are like the vast majority of those who get arrested for DWI, this is the ONLY way that you would ever have come into contact with the criminal justice system. Only because Texas DWI laws exist, do many people who would never dream of breaking the law find themselves arrested, photographed, fingerprinted, and generally �treated like criminals.� This is serious business. And once you have posted your bond, the whole process is really just beginning.
The Driving While Intoxicated Laws
A first-time DWI is a �Class B Misdemeanor.� This means it carries a criminal penalty of up to 6 months in the county jail and a fine of up to $2,000.
A second DWI is a �Class A Misdemeanor.� This grade of offense carries up to a year in county jail and up to a $4,000 fine.
A third DWI is a �Third Degree Felony,� which carries a penalty of up to ten years in prison and up to a $10,000 fine. That is penitentiary time, not county jail time.
A conviction for any of these also carries a mandatory driver�s license suspension of at least a year.
We hope that you will find this web site informative and helpful in answering your questions about selecting a defense lawyer. If you have any further questions, please contact us by clicking on our information form or calling the telephone number listed on this page.
A Texas DWI
A Texas DWI (Driving While Intoxicated) arrest is a very serious offense. You need to know your rights.
If you are facing a DWI charge or DUI criminal charge in the State of Texas, you need an experienced, dedicated, and a focused Austin DWI lawyer who knows how the Texas DWI laws work. There 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. Our focus lies in defending those accused of DWI (driving while intoxicated) and DUI (driving under the Influence).
If you are facing a DWI charge or DUI criminal charge in the State of Texas, you need an experienced, dedicated, and a focused Austin DWI lawyer who knows how the Texas DWI laws work. There 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. Our focus lies in defending those accused of DWI (driving while intoxicated) and DUI (driving under the Influence).
Texas DWI Defenses
Texas DWI Defenses
Free Austin DWI Online Case ConsultationIf you have recently been arrested for DWI (driving while intoxicated) in Texas, you may believe all hope is lost. This is not the case! A skilled DWI attorney is trained to recognize defenses that may work on your behalf.
Texas DWI DefensesTo decide which defenses apply to your drunk-driving case, your attorney must first look at the evidence that is produced by the police department. Your attorney will also interview witnesses who may testify on your behalf.
Your attorney may use a Driving Observation Defense. During a trial, the prosecution normally relies on the arresting officer’s testimony about how the defendant was driving. The officer may note that the driver was going very slow, weaving from one side of the road to the other, crossing the center line, running red lights, or hesitating to go through green lights.
Your defense attorney will argue that there could be other reasons for these driving behaviors, and it had nothing to do with being impaired or not.
Your officer may also use a Behavior Observation Defense. Again, the officer may testify about the defendant’s appearance and behavior after being pulled over. Some signs that the officer may look for include: slurred speech, stumbling, bloodshot eyes, and pupil enlargement.
Your attorney will then point out that there are many other factors that could lead to these signs such as: allergies, lack of sleep, stress, medications, nervousness, or physical impairments.
If you were arrested for DWI, you probably took a Field Sobriety Test. These tests are used to measure a person’s mental and physical alertness. As with the officer observations, these tests are highly subjective. Lack of sleep, medications, and physical problems will make it harder to pass these tests.
Your attorney may ask the arresting officer if he or she asked you if you had any physical problems before administering the test. Your attorney may even point out to the jury that many people, even in the best of circumstance, have problems taking these tests.
If you have been pulled over for DWI, you were probably also asked to take a breath test. This test is used to determine your BAC (blood alcohol content). In Texas, it is illegal to operate a motor vehicle with a BAC of .08 percent or higher.
If the machine is not maintained properly or calibrated, the results may be false. The machine may also give false results based on food consumption and other substances that may register as alcohol (i.e., mouth wash or breath mints).
Your attorney can subpoena police records on how the breath machine works, as well as request information regarding when it was last maintained and calibrated. Your attorney may also bring in an expert to testify that the particular machine used in your case is known to malfunction.
Many of these common defenses require an attorney who is knowledgeable and has experience with DWI law. If you are in the Austin, TX area and need to talk to an attorney about your case, please contact us today.
Free Austin DWI Online Case ConsultationIf you have recently been arrested for DWI (driving while intoxicated) in Texas, you may believe all hope is lost. This is not the case! A skilled DWI attorney is trained to recognize defenses that may work on your behalf.
Texas DWI DefensesTo decide which defenses apply to your drunk-driving case, your attorney must first look at the evidence that is produced by the police department. Your attorney will also interview witnesses who may testify on your behalf.
Your attorney may use a Driving Observation Defense. During a trial, the prosecution normally relies on the arresting officer’s testimony about how the defendant was driving. The officer may note that the driver was going very slow, weaving from one side of the road to the other, crossing the center line, running red lights, or hesitating to go through green lights.
Your defense attorney will argue that there could be other reasons for these driving behaviors, and it had nothing to do with being impaired or not.
Your officer may also use a Behavior Observation Defense. Again, the officer may testify about the defendant’s appearance and behavior after being pulled over. Some signs that the officer may look for include: slurred speech, stumbling, bloodshot eyes, and pupil enlargement.
Your attorney will then point out that there are many other factors that could lead to these signs such as: allergies, lack of sleep, stress, medications, nervousness, or physical impairments.
If you were arrested for DWI, you probably took a Field Sobriety Test. These tests are used to measure a person’s mental and physical alertness. As with the officer observations, these tests are highly subjective. Lack of sleep, medications, and physical problems will make it harder to pass these tests.
Your attorney may ask the arresting officer if he or she asked you if you had any physical problems before administering the test. Your attorney may even point out to the jury that many people, even in the best of circumstance, have problems taking these tests.
If you have been pulled over for DWI, you were probably also asked to take a breath test. This test is used to determine your BAC (blood alcohol content). In Texas, it is illegal to operate a motor vehicle with a BAC of .08 percent or higher.
If the machine is not maintained properly or calibrated, the results may be false. The machine may also give false results based on food consumption and other substances that may register as alcohol (i.e., mouth wash or breath mints).
Your attorney can subpoena police records on how the breath machine works, as well as request information regarding when it was last maintained and calibrated. Your attorney may also bring in an expert to testify that the particular machine used in your case is known to malfunction.
Many of these common defenses require an attorney who is knowledgeable and has experience with DWI law. If you are in the Austin, TX area and need to talk to an attorney about your case, please contact us today.
Texas DWI Laws
Texas DWI Laws
Free Austin DWI Online Case ConsultationIn Texas, a driver is over the legal limit for intoxication if his or her BAC (blood alcohol content) is .08 percent or higher. However, if a prosecutor can prove that the driver did not have normal use of his or her physical and/or mental faculties, the driver may be convicted of DWI (driving while intoxicated).
Texas DWI LawsYou should contact a DWI defense attorney as soon as possible if you have recently been arrested for drunk driving in Texas. DWI law is extremely complicated, and the penalties are harsh. Jail time, fines, and a driver’s license suspension are all very real possibilities that will affect the rest of your life.
If you have been pulled over for DWI, you were probably asked to take a breath test. This test is used to determine your BAC. If you refuse to take this test, you face an automatic driver’s license suspension for 180 days. This is due to “implied consent” laws. When you signed the documents to receive your license, you agreed to take a breath test if pulled over and asked by a police officer.
The penalties for a DWI depend on the number of prior DWI convictions you have on your record.
If this is your first offense, you will face at least 72 hours in jail, with 180 days being the maximum. Your driver’s license will be suspended for 90 days to 1 year in jail, and you will face up to a $2,000 fine.
For a second offense, you face between 30 days and 1 year in jail. Your license will be suspended for at least 180 days, and you face fines of up to $4,000.
For a third offense, you will spend between 2 and 10 years in a penitentiary. Your license will be suspended for at least 180 days, and you will pay up to $10,000 in fines.
Texas also has “Zero Tolerance” laws. These laws make it illegal for drivers under the age of 21 to possess alcohol or drive with any alcohol in their system.
If you are under the age of 21 and are convicted for DWI, you face up to $500 in fines, a 60-day driver’s license suspension, 20 to 40 hours of community service, and mandatory alcohol awareness classes.
Attorney Ken Gibson will fight to make sure that your rights are upheld. If you have recently been arrested for DWI in Austin, TX, you can fill out our form today, and Mr. Gibson will contact you to discuss your case and the next steps you should take.
Free Austin DWI Online Case ConsultationIn Texas, a driver is over the legal limit for intoxication if his or her BAC (blood alcohol content) is .08 percent or higher. However, if a prosecutor can prove that the driver did not have normal use of his or her physical and/or mental faculties, the driver may be convicted of DWI (driving while intoxicated).
Texas DWI LawsYou should contact a DWI defense attorney as soon as possible if you have recently been arrested for drunk driving in Texas. DWI law is extremely complicated, and the penalties are harsh. Jail time, fines, and a driver’s license suspension are all very real possibilities that will affect the rest of your life.
If you have been pulled over for DWI, you were probably asked to take a breath test. This test is used to determine your BAC. If you refuse to take this test, you face an automatic driver’s license suspension for 180 days. This is due to “implied consent” laws. When you signed the documents to receive your license, you agreed to take a breath test if pulled over and asked by a police officer.
The penalties for a DWI depend on the number of prior DWI convictions you have on your record.
If this is your first offense, you will face at least 72 hours in jail, with 180 days being the maximum. Your driver’s license will be suspended for 90 days to 1 year in jail, and you will face up to a $2,000 fine.
For a second offense, you face between 30 days and 1 year in jail. Your license will be suspended for at least 180 days, and you face fines of up to $4,000.
For a third offense, you will spend between 2 and 10 years in a penitentiary. Your license will be suspended for at least 180 days, and you will pay up to $10,000 in fines.
Texas also has “Zero Tolerance” laws. These laws make it illegal for drivers under the age of 21 to possess alcohol or drive with any alcohol in their system.
If you are under the age of 21 and are convicted for DWI, you face up to $500 in fines, a 60-day driver’s license suspension, 20 to 40 hours of community service, and mandatory alcohol awareness classes.
Attorney Ken Gibson will fight to make sure that your rights are upheld. If you have recently been arrested for DWI in Austin, TX, you can fill out our form today, and Mr. Gibson will contact you to discuss your case and the next steps you should take.
Austin Dwi lawyer
There are serious consequences that come along with a DWI (driving while intoxicated) conviction in the state of Texas. Your license may be suspended. You will be required to pay expensive fines and court costs. You will even spend time in jail.
DWI Attorney Ken Gibson
DWI Lawyer
Ken Gibson
DWI law is very intricate. If you have recently been arrested for drunk driving, you must immediately find an attorney who is well-versed in Texas’s drinking and driving laws. A good attorney may mean the difference between life-altering penalties and the life you knew before your arrest.
A first-time DWI offense is a Class B Misdemeanor. The law states that “a person commits an offense if the person is intoxicated whole operating a motor vehicle in a public place.” The prosecutor may make his or her case by demonstrating that the driver did not have the normal use of physical faculties, mental faculties, and had a BAC (blood alcohol content) of .08 percent or higher.
It is important to note that even if you have a prescription, if a substance makes you intoxicated, you may be found guilty of DWI.
There are additional elements that may make your case more difficult. If you have had a previous DWI conviction, you are facing increased jail time, fines, and a longer driver’s license suspension. You will also face more problems if you assaulted someone or committed manslaughter with your vehicle while intoxicated.
You will also face charges of “endangering a child” if you are arrested for DWI with a minor in the car.
Ken Gibson is here to help you. Mr. Gibson is a member of the State Bar of Texas, the Austin Criminal Defense Lawyer’s Association, the Texas Criminal Defense Lawyer’s Association, and the National DWI College.
Mr. Gibson has been trained by the National Highway Traffic Safety Administration on how to administer standardized field sobriety tests. This is the same training that law enforcement agents receive. He uses his inside knowledge of police procedures to benefit his clients.
It is important to remember that you can fight your DWI charges! If you are interested in discussing your case with Mr. Gibson, please fill out our online form today.
DWI Attorney Ken Gibson
DWI Lawyer
Ken Gibson
DWI law is very intricate. If you have recently been arrested for drunk driving, you must immediately find an attorney who is well-versed in Texas’s drinking and driving laws. A good attorney may mean the difference between life-altering penalties and the life you knew before your arrest.
A first-time DWI offense is a Class B Misdemeanor. The law states that “a person commits an offense if the person is intoxicated whole operating a motor vehicle in a public place.” The prosecutor may make his or her case by demonstrating that the driver did not have the normal use of physical faculties, mental faculties, and had a BAC (blood alcohol content) of .08 percent or higher.
It is important to note that even if you have a prescription, if a substance makes you intoxicated, you may be found guilty of DWI.
There are additional elements that may make your case more difficult. If you have had a previous DWI conviction, you are facing increased jail time, fines, and a longer driver’s license suspension. You will also face more problems if you assaulted someone or committed manslaughter with your vehicle while intoxicated.
You will also face charges of “endangering a child” if you are arrested for DWI with a minor in the car.
Ken Gibson is here to help you. Mr. Gibson is a member of the State Bar of Texas, the Austin Criminal Defense Lawyer’s Association, the Texas Criminal Defense Lawyer’s Association, and the National DWI College.
Mr. Gibson has been trained by the National Highway Traffic Safety Administration on how to administer standardized field sobriety tests. This is the same training that law enforcement agents receive. He uses his inside knowledge of police procedures to benefit his clients.
It is important to remember that you can fight your DWI charges! If you are interested in discussing your case with Mr. Gibson, please fill out our online form today.
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