Austin, TX DWI & DUI Attorney
Arrested for Drunk Driving in Austin, TX?
Don’t make the mistake of pleading guilty to a DWI charge without exploring your options. Oscar Buitron is known for having cases reduced to non-DWI dispositions or completely dismissed.
Time is of the essence!
For instance, we have found that completing a drug rehab program BEFORE you go to court, may persuade a Judge that you are serious about changing your behavior, and may ultimately minimize your punishment.
Try the blood alcohol level calculator
Consequences that can flow from a DWI arrest and prosecution include: loss of your driver’s license, heavy fines, court costs and extensive administrative fees, probation, jail or state prison, vehicle impoundment or forfeiture, an ignition interlock device put on your car, etc.
Texas treats DWI seriously—the DWI laws are strict.
Aside from the more obvious legal consequences of dealing with the police, the courts, and Texas Dept. of Public Safety, there are practical consequences that often flow from a DWI arrest or conviction.
Since DWI is a crime, and a DWI conviction will give you a permanent “criminal” record, you could lose your job or be prevented certain future employment — especially if it is State job, is law enforcement associated, or involves driving. If you are a commercial driver, you could lose your privilege to drive commercially for at least one year. A DWI conviction can cause your insurance rates to skyrocket; sometimes insurance companies will cancel your coverage altogether.
Will I lose my Drivers license?
YOU HAVE LESS THAN 15 DAYS from the date of your arrest to prevent your driver's license from being automatically suspended. When you are arrested for DWI, your Texas driver's license will be automatically suspended unless you request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. Oscar can assist you in filing a request for an ALR hearing in time to prevent an automatic license suspension.
Driving While License Suspended
Individuals who drive a motor vehicle while their driver license is suspended, revoked, denied or cancelled are subject to an additional suspension for the same period of time as the original suspension.
Prior to the renewal or issuance of a driver license, individuals must:
- Pay the required reinstatement fees, and
- Obtain a Financial Responsibility Insurance Certificate (SR-22) from an authorized insurance company and submit it to DPS (an SR-22 must be maintained for two years from the date of conviction).
Occupational License
An occupational license, also called an essential need license, is a special type of restricted license issued to individuals whose driver license has been suspended, revoked or denied for certain offenses other than medical or delinquent child support.
NOTE: Individuals may still qualify for an occupational license even if their driver license has been suspended for surcharges.
An occupational license authorizes the operation of a non-commercial motor vehicle in connection with an individual's:
1) Work,
2)
School-related activities, or
3)
Performance of essential household duties.
There are other, “hidden” DWI penalties, such as limitations on travel outside of the state or abroad. A DWI prosecution and conviction may bring community service and substance abuse treatment.
Texas DWI Laws
Definition of Intoxication
Chapter 49.01(2)(a) of the Penal Code defines intoxication as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR (b) having an alcohol concentration of .08 or more."
Driving under the influence - Minors
Section 106.041 of the Alcoholic Beverage Code makes it illegal for a minor to operate a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. Driving under the influence is a Class C misdemeanor, punishable by a fine up to $500, an alcohol awareness course, community service, and driver’s license suspension.
Driving while intoxicated
Section 49.04 of the Penal Code states that a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. DWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Driving while intoxicated with an open container
Section 49.04 of the Penal Code also states that driving while intoxicated while the driver had an open container of alcohol in the person's immediate possession is a Class B misdemeanor, with a minimum term of confinement of six days.
Driving while intoxicated with a child
Section 49.045 of the Penal Code states that driving while intoxicated while the vehicle being is occupied by a passenger who is younger than 15 years of age is a state jail felony.
Boating while intoxicated
Sec. 49.06. (a) A person commits an offense if the person is intoxicated while operating a watercraft. (b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.