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Drunk driving has quickly become the hot topic among criminal arrests throughout Austin as well as the entire state of Texas. DUI, is the leading cause of accidents and the leading cause of serious injury's resulting from those accidents.
DUI Defense in Austin
If you have the need for an attorney who specializes in driving under the influence of alcohol or drugs (DUI), please contact our offices, The DUI defense Law Firm of Ima Good Lawyer. We have the skill and knowledge that comes with many years of experience in this field. We are familiar with all the Texas laws and the Texas court system. This charge will either be treated as a misdemeanor or a felony; it depends on the circumstances surrounding your arrest. We will be successful for you!
Texas law states it is illegal to drive with your mental or physical faculties impaired by alcohol or drugs. DUI means you were driving in a public place while under the influence of alcohol or drugs. A first offense is a Class B Misdemeanor. In Austin you are guilty of DUI if you operate a motor vehicle while having a blood alcohol level of .08 or greater.
Texas law allows all those accused of this crime to have a jury trial. The prosecutor must prove beyond a reasonable doubt that you were intoxicated while driving by showing you were driving drunk in a public place and in a specific county. This includes having prescription drugs in your system. Also, you could be just sitting behind the wheel with the keys in the ignition and not even driving to be found guilty of this crime. That is why you NEED an Austin DUI Attorney that practices exclusively in drunk driving defense in Austin Texas.
Drunk Driving Overview
Texas Administrative License Suspension
If you are arrested for DUI, you have created two court cases:
- A criminal charge
- A civil proceeding – administrative license revocation hearing (ALR)
- In Texas if you hold a driver’s license, you automatically imply consent statute (provide a sample of your blood or breath if you are stopped for drunk driving)
- The implied consent statute also applies to operators of boats
- Texas courts state that you do not have the right to consult with an attorney before refusing to give a sample of your blood or breath
- However, if an accident takes place and a death is involved, you will be forced to provide a sample of blood
- A suspension is initiated if you refuse to submit to a blood or breath test or
- You fail the blood or breath test – results are higher than the legal limit
ALR Suspensions & Hearings
Notice of ALR Suspension
If a police officer tells you that your license will be suspended if you do not consent to a blood or breath test, this is not correct. The officer is required to take your license and issue a temporary driving permit that expires on the 41st day after it is issued.
Hearing Request
An ALR suspension is automatic unless you request a hearing to challenge it. This must be done within 15 days of receiving a notice of suspension from the Department of Public Safety. If you do not request a hearing in the appropriate time, the suspension will automatically begin on the 41st day after your notice was received. If you do, no action will take place until after the hearing. If you appeal, the suspension can be delayed for up to 90 days.
The ALR Hearing
The burden of proof at an ALR hearing is on the Department of Public Safety. They must prove the following:
- There was reasonable suspicion to stop and arrest the driver
- There was cause the driver was intoxicated
- The driver was arrested – asked to give a sample of blood or breath
- Was notified orally and in writing about the consequences of refusing to take or failing a blood or breath test
- Driver refused to take either test
- Driver failed either test – alcohol level was .08% or greater
Suspension Provisions for Adult Drivers
- If you do not have any prior arrests during the last 10 years:
- Your license will be suspended for 180 days – refused to take chemical test
- Your license will be suspended for 90 days – results are higher than legal limit
- If you had a prior alcohol arrest during the last 10 years:
- If you refuse a chemical test – 2-year license suspension
- Test is taken but results are above the legal limit – 1-year license suspension
Return of Drivers License after Suspension
- If the DPS does not suspend your license at the hearing, they must return it to you immediately.
- If your license is suspended, you must pay a reinstatement fee of $125 to have it reinstated.
- It is advisable to send your $125 fee to TDPS as soon as you know a suspension has been ordered.
- If you wait 60 or 90 days to pay this fee, you will prolong reinstatement of your license.