Do Not Give Up In Your DWI Case

When people receive DWI charges, too many of them simply give up on themselves and accept the worst outcomes in their cases. Texas does not take these charges lightly, with even a first offense resulting in months in jail and thousands of dollars in fines. Thankfully, there is hope in your case.

At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, I have nearly 15 years of experience helping my clients in Central Texas overcome criminal charges. I know that even if a case seems bleak, there is always a possible defense strategy.

“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”

David D. White

Criminal Defense Lawyer

How To Beat DWI Charges

There are several successful strategies that can overcome DWI charges. I will take the time necessary to review the unique details of your case to pursue defense methods, including:

• Proving tampered or lacking evidence – if the evidence in your case appears to be tampered or damaged, a prosecution may not be able to prove you guilty.
• Police error – if police make a mistake in your case, like failing to read you your rights or not having probable cause when pulling you over, it may be grounds for a dismissal of your entire case.
• Insufficient testing – while most police officers will conduct the same roadside tests to determine inebriation, that is not sufficient evidence of intoxication. Without legitimate proof of a DWI, the prosecution will have a hard time pressing charges.
• Necessary DWI – in rare cases, driving while intoxicated may be a matter of saving someone’s life. For example, if you were at a party where someone was sick or hurt, and you were the most capable of driving to a hospital, you may be able to overcome your charges by proving your actions were life-saving.

Even if dismissing your charges is not possible, I will still pursue other options of helping you, including negotiating for less severe sentencing and beating your charges in court through litigation. My goal as your defense lawyer is to provide you with peace of mind knowing that someone you can trust is fighting for you.

What happens if you are pulled over for DUI?

The truth is that law enforcement won’t usually initiate a traffic stop for the specific offense of DWI, but rather a perceived traffic violation which can lead to a DWI investigation. Your actions from the very start can play a large role in how a DWI investigation plays out. If you have been pulled over after drinking one or more alcoholic beverages, a traffic stop could play out like this:

-Officer has initiated his/her overhead lights and siren:

It’s important to pull over as quickly and safely as possible once an officer has initiated his/her overhead lights. Taking an abnormally long time to pull over can strengthen an argument for intoxication and can even lead to additional charges being filed such as evading arrest with a vehicle, and a 3rd Degree Felony.

-Officer approaches your vehicle:

Have your ID and insurance out of your wallet or purse and ready to go. Fumbling around for these items is often used as evidence of intoxication or abnormal use of your physical or mental faculties.

-Officer begins the interrogation:

You are not obligated to disclose the events leading up to the traffic stop. Officers are attempting to elicit confessions as to your prior location and number of alcoholic beverages consumed. Most officers are equipped with a body camera that records these statements and your admissions can be used against you later as evidence of DWI.

-Field Sobriety Tests

Whether or not you choose to answer any of the officer’s questions, they will likely ask you to step out of the vehicle based on the alleged smell of alcohol or other suspicions of DWI to perform “standardized” field sobriety tests. YOU HAVE THE RIGHT TO REFUSE ALL THESE TESTS.

• Horizontal Gaze Nystagmus (HGN) – You’ve heard it referred to as the “eye test”. This is an extreme oversimplification, but essentially the officer will wave a light pen in front of you looking for an involuntary jerking of your eye when it moves from side to side. It has nothing to do with keeping your head still. I believe this “test” should be refused every time. It’s rarely administered correctly by the officer and the science behind the exercise is questionable at best.
• Walk and Turn – This is called a divided attention test, in that the officer administering the test is observing both your ability to walk heel to toe for 9 steps forward before turning around and taking nine steps back, but also your ability to follow instructions both before and during the test. Walking in this fashion is not something that the average individual does regularly, if ever, and the difficulty is magnified under the stress of the moment and law enforcement’s watchful eye.
• One Leg Stand – For this test you will be asked to place your arms by your side and raise one of your legs 6 inches above the ground while looking straight ahead for 30 seconds. Again, this is a very unnatural pose and it’s not hard to wobble, put your foot down early, use your hands for balance, or lose count. All of which are clues that can be used against you for intoxication.
• Portable Breath Test – Sometimes the investigating officer will ask you to submit to a breath test after completion (or refusal) of the field sobriety tests. You should always refuse to submit to the portable breath test unless you truly have not consumed any alcohol. The readings of this device are often inaccurate, and hence not admissible in Court, but can be used for determining whether probable cause exists to arrest you for DWI.

***Note – Some attorneys will advise their clients to NEVER voluntarily perform any field sobriety tests. That’s a safe policy, however, I believe there are situations where a person under investigation for DWI can help their cause by performing the FST’s, but only under special circumstances. I love DWI cases where my clients expertly navigate the walk and turn and then hold their legs up for 30 seconds without so much as a wobble. If, and that’s a big if, you know your body and athletic ability well enough to confidently knock these tests out of the park, then I say go for it. But if you have any doubts about your ability to perform the tests without a hitch, well then, it’s better to respectfully decline.

-The arrest:
Well, as charming as you were and despite your best attempts to speak without slurring, the investigating officer has decided that probable cause exists to arrest you for Driving While Intoxicated. At this point, you’re not getting out of it so just shut your mouth and prepare for your free ride downtown to the jail. Before your journey begins, the officer will ask you if you’d like to submit a breath or blood sample. Here’s where it gets interesting:

-Breath or Blood?

For years and years, the advice of attorneys has been the same: Always refuse to give a voluntary blood or breath sample. And for years and years that was good advice. But now, especially in Travis County, if you refuse to provide a breath or blood sample, there’s over a 90% chance that a search warrant for your blood will be issued within the hour for which you have no recourse but to have a needle stuck in your arm to extract a blood sample against your will.

So, while it remains sound advice to always refuse a blood sample, there are situations when providing a voluntary breath sample may be in your best interest. If you are extremely intoxicated, you should refuse both blood and breath and hope you are one of the lucky few who avoids the search warrant. If you think you might be on the cusp of legal intoxication (.08 BAC in Texas) here are a few reasons why it might be better to provide a breath sample:

1. In a world where you are destined to give a blood sample whether you consent or not, keep in mind that it’s easier to defend against a breath reading than a blood reading in Court.
2. By consenting to a breath sample, you avoid an automatic 6-month driver’s license suspension for refusal. Even if your breath reading is over .08 on a first DWI, the DL suspension is only 3 months.
3. From a mitigation standpoint, your attorney can argue that you were cooperative throughout the investigation. This reasoning standing alone is not a good reason to provide a breath sample, but when life gives you lemons…

Being stopped for a DWI investigation can be terrifying but understanding and exercising your rights can play a large part in the defense of your case. No matter how your arrest went down, here at The Law Office of David D. White, we’re here to help.

What are the Penalties for a First-Time DUI conviction in Texas?

A conviction for a DWI 1st in Texas (Class B Misdemeanor) carries a punishment range of up to 180 days in County jail and up to a $2,000 fine. The jail time and fine are often probated, meaning that one could serve up to 24 months of probation with responsibility for only a portion of the fine. Should the probation be violated, the Judge can revoke your probation and sentence you up to the full 180 days in jail.

If you are convicted of DWI 1st with a finding of blood alcohol concentration of over .15 (Class A Misdemeanor) your range of punishment is increased to up to one year in County jail and a fine not to exceed $4,000. The jail time and fine can also be probated as described above, but your exposure increases significantly in a situation where your probation has been violated.

While Texas no longer issues surcharge for DWI convictions, recent laws have instituted a civil penalty for DWI convictions that do not result in probation. The civil penalty for a Class B DWI conviction is $3,000, which must be paid within 36 months. If convicted of a Class A misdemeanor DWI, the civil penalty doubles to a whopping $6,000 payable within 36 months.

What happens if you refuse breath or field sobriety tests?

As detailed in “What happens if you are pulled over for DUI?”, it is your absolute right to refuse to perform any field sobriety tests or provide a breath or blood sample following an arrest for DWI.

Refusing to perform field sobriety tests is generally the preferred advice, however, you can create some mitigating evidence for yourself in the event you are 100% sure you can ace the walk & turn and the one-leg stand tests. If you doubt your ability to master the exercises the safe move is to respectfully decline.

I have previously detailed the pros and cons of providing a breath sample upon arrest for DWI, however, it is important to know that a refusal to provide a sample of breath or blood initiates an automatic 6-month suspension (in the case of a DWI 1st). In Texas, when you apply for a driver’s license you give implied consent to adhere to a breath or blood sample upon request. Refusing to provide the sample triggers the 6-month suspension which usually commences 40 days from the date of arrest unless you have requested an Administrative License Revocation (ALR) hearing.

Why should you get a Lawyer for a DUI?

Some counties require a defendant to procure the services of an attorney whether retained or appointed when faced with a DWI charge. County policies aside, it is imperative that you have an attorney on your behalf when dealing with a Driving While Intoxicated Charge. Without an attorney, you increase your likelihood of:

• missed Court appearances resulting in a forfeiture of your bond and a warrant for your arrest
• confusion on Driver’s License status and increased risk of arrest for Driving While the License Invalid
• missing out on legal defenses that could result in dismissal of the DWI
• failure to take advantage of County programs which could result in dismissal
• exposure to fines and surcharges
• requirements to install an Interlock device in your vehicle or other monitoring devices

With all the pitfalls and traps that accompany a DWI arrest, always procure the services of an attorney to guide you through the process. At the Law Office of David D. White, we have handled thousands of DWI cases and will provide you with the best possible defense.

How do I get my suspended Driver’s License Back?

If arrested for DWI you face the likelihood of dealing with a suspended Driver’s License depending on your blood alcohol content and willingness to provide a breath/blood sample upon request. Following a DWI arrest your driver’s license will be confiscated by the arresting agency if you refuse to provide a breath/blood sample or a sample is provided that registers at or above .08.

Notwithstanding a request for an Administrative License Revocation (ALR) hearing, the license suspension will usually begin 40 days from the date of the arrest. This means that you can go to a local DPS branch and request another physical copy of your Driver’s License before the suspension begins. The new license will be rendered ineligible for driving purposes during the suspension, but at least you’ll have a hard copy of the license for identification purposes.

Once the suspension has run its course, your attorney should be able to assist with the proper steps to reinstate your driving privileges.

**Be sure to ask your attorney whether or not you qualify for an Occupational Driver’s License, which if granted, allows you to drive for limited purposes even during a suspension.

How Serious can a DUI be?

Aside from a permanent stain on your criminal history, a DWI conviction carries statutory jail time and fines depending on whether you have priors or whether the arrest involved an accident and/or injuries.

• DWI 1st Offense is classified as a Class B misdemeanor which carries possible punishment of up to 180 days in jail and a fine not to exceed $2,000
• DWI 1st with breath or blood reading over .15 is classified as a Class A misdemeanor which carries possible punishment of up to 1 year in jail and a fine not to exceed $4,000
• DWI 2nd Offense is classified as a Class A misdemeanor which carries possible punishment of up to 1 year in jail and a fine not to exceed $4,000.
• DWI 3rd or More is a 3rd Degree Felony carrying a punishment range of 2-10 years in the Texas Department of Corrections and a fine not to exceed $10,000.
• DWI 3rd or More with Prior Sentence to Texas Department of Corrections can be enhanced to carry a punishment range of 2 -20 years in Prison and a fine not to exceed $10,000.
• DWI 3rd or More with 2 Prior Sentences to Texas Department of Corrections can be enhanced to carry a punishment range of 25 years to life in Prison
• Intoxication Assault is a DWI arrest that has resulted in serious bodily injury to a 3rd Party. This is classified as a 3rd Degree Felony and carries a punishment range of 2-10 years in the Texas Department of Corrections
• DWI with a Child Passenger is a DWI arrest with a child under the age of 15 in the vehicle. This is classified as a 3rd Degree Felony and carries a punishment range of 2-10 years in the Texas Department of Corrections
• Intoxication Manslaughter is a DWI that has resulted in the death of another. This is classified as a 2nd Degree Felony and carries a punishment range of 2-20 years in the Texas Department of Corrections

How much does it cost to Hire a DUI Attorney?

To properly defend a DWI case an attorney should be spending dozens of hours reviewing the evidence, considering all defenses, maintaining contact with the prosecutor and the client, preparing relevant motions, appearing in Court, and staying on top of Driver’s License issues that arise with a DWI arrest.

Attorney fee quotes for DWI can vary greatly, but if an attorney quote for DWI representation seems too good to be true it probably is. The adage “You Get What You Pay For” most definitely applies when hiring a criminal defense lawyer. And on the flip side, just because a particular attorney charges 5x as much as another certainly does not indicate he or she is 5x as effective.

Ideally, you have done your research, narrowed your search down to a few attorneys, and met with each of them in person to find the right fit. There’s nothing wrong with paying more for a lawyer you feel extremely comfortable with, just like there’s nothing wrong with scratching a lawyer because the fee is just too high compared to other attorneys you view similarly.

If your only hiring criteria is finding the lowest cost for representation, then you are taking the wrong approach. You can always find someone cheaper, but when you end up with a conviction on your DWI and are stuck with thousands of dollars in surcharges and fines, only then will you realize the folly of the strategy.

Ask: Is the defense lawyer you initially met with actually going to personally handle the case and appear in Court?

Discover: Does this firm have such an enormous caseload that there’s no way my case will receive the personal attention it needs?

Decide: Are the reviews I’m reading for the attorney from actual clients or do they all appear to be written superficially by a service paid to write reviews to increase the firm’s visibility?

At the Law Office of David D. White, Mr. White handles every case personally. He keeps his caseload modest enough that he can give every case the attention it deserves. All clients have access to his personal cell phone and every review you see online has been written by an actual client.

When Should I Reach Out to a DUI Lawyer?

You should contact an Austin DWI lawyer as soon as possible following the arrest. It’s rare to have an opportunity to call an attorney during the investigation and you likely won’t know who to call while in custody. Often family members of the accused upon learning of the arrest will begin to call attorneys and will often land on someone who handles a lot of jail releases but maybe isn’t the best person to handle the full representation.

Just because one lawyer handles a jail release doesn’t mean you are committed to having them represent you further for the DWI. It is a very common practice for the accused to select the lawyer of their choosing following release and then having that attorney substitute in as counsel.

Regardless of who you decide to hire, timeliness is important because you don’t want to miss a statutory deadline that affects your rights, like the ability to contest a suspension of your driver’s license or initial appearance date in Court.

Why was I pulled over for DUI?

Law enforcement must have reasonable suspicion that a violation of the law has occurred or is likely to occur to be able to pull you over for an investigative detention. The vast majority of DWI investigations begin because a law enforcement officer claims that they observed you committing a traffic violation. Below are the most commonly cited reasons for a traffic stop leading to a DWI investigation:

• Speeding
• Failure to Maintain a Lane
• Failure to Use a Turn Signal
• Traffic Accident
• Illegal Turn
• Invalid Registration or License Plate
• The driver has fallen asleep in the Vehicle

You get the idea. It doesn’t take much to get pulled over for a traffic violation. But law enforcement doesn’t always get it right. An experienced DWI Attorney will review all the officer dash cam videos provided in discovery and make sure that the reason for the stop was valid. If a Judge determines that reasonable suspicion does not exist, he or she can deem any evidence of intoxication obtained from the point of the illegal stop be excluded completely. This often means dismissal of your DWI charge altogether. Just another example of the importance of choosing an experienced DWI Attorney to represent you.

Begin Your Defense Here

Do not make the mistake of believing you should keep lawyers out of your case, or that hiring a lawyer only makes you look guilty. Let my experience be your advantage by calling me at 512-369-3737 or emailing me here to schedule your initial consultation today.