Round Rock DWI Attorney
Have you been charged with DWI or DUI?
If you are arrested for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI), it is important to understand that there are two things going on at the same time. First, there is the drunk driving charge itself, with penalties that can include probation, jail time or the penitentiary - depending on your criminal history, and the specific circumstances of your arrest. The second consequence is the possible suspension of your driver's license.
Facing DWI charges? Get your free initial consultation today by calling (512) 337-6285!
DWI Defense Strategies
There are many ways to fight a drunk driving charge. An experienced attorney will know these angles. A number of defenses must be investigated:
Unconstitutional Traffic Stops - In order for an officer to conduct a constitutional traffic stop, he must have reasonable suspicion that a traffic violation has occurred. All evidence discovered in an illegal stop, including the field sobriety tests, verbal admissions, breath tests, etc., could be suppressed and made inadmissible at trial.
Erroneous Field Sobriety Tests - There are three standardized field sobriety tests: Horizontal Gaze Nystagmus (a.k.a. "the eye test"), Nine-Step Walk-and-Turn, and the One-Leg Stand. These tests are standardized in that they must be administered the exact same way, every single time. Errors in the way the test was delivered could invalidate the results.
Failure to Read Your Rights - Once you have been arrested, the officer must read you your rights before he asks you questions. If he fails to do so, your answers are inadmissible. Sometimes an arrested person may say something that is very damaging to his case. However those statements may not be used against him in trial if the officer failed to respect his rights.
These are just a few of the many approaches to beating a DUI or DWI charge, and an experienced Round Rock DWI attorney can speak with you about your case at any stage of the DWI process to determine the best strategy for you.
What To Do When Pulled Over?
First thing to understand is Driving While Intoxicated is a very serious offense and law enforcement treats it that way. When you've been pulled over and the officer suspects you've been drinking, don't try to be funny or cute. Be respectful, but be firm in asserting your rights.
Second thing to remember is that you do NOT have to take the standardized field sobriety tests (SFSTs). In fact, the only thing you must do is identify yourself (and let the officer see your driver's license) and exit the vehicle when asked. Other than that, you can deny all field sobriety tests and refuse to answer any questions. Does that mean you should deny all tests and refuse to answer all questions? Not necessarily.
If you decide to answer the officer's questions, be clear and confident with your answers. When you're being pulled over and as you wait for him to approach your vehicle, go over in your head where you've been, where you're going and what you've been doing that day/night because you will most likely be asked those questions.
The officer will also likely ask you how much you've had to drink. If you've had more than a couple, you may want to politely tell the officer that you'll only answer his questions with your Round Rock DWI attorney present. The officer will try to talk you out of it, but stay firm in asserting your rights.
Most criminal defense attorneys will tell you that you should always deny all SFSTs. This is good advice. The safe bet is to deny them altogether, especially if you have bad balance or coordination. But it's important to know that if you deny the SFSTs you are definitely going to be arrested.
If you've been arrested, at some point the officer will ask you to give a specimen of your breath or blood. It is best to deny this request. If this is your first or second DWI, you do not have to submit a specimen (unless the officer gets a warrant, but that is covered in a previous blog). Defending a DWI case with a blood or breath test above the legal limit is not impossible, but it's certainly more tough.
Remember, if you get arrested for DWI, you must hire an experienced DWI attorney to thoroughly investigate and defend your case. Do not assume that a DWI arrest means an automatic DWI conviction.
DWI Lawyer Serving Williamson County
Contact the Law Office of Ryan H. Deck if you have been charged with driving while impaired or underage drinking and driving. We will fight aggressively to defend your rights against a legal system that is working to convict you.
Many criminal defense attorneys in our area will settle for a plea bargain when the client still has a defensible case; however we are willing to go to trial to defend our clients against DUI or DWI charges. We know how stressful it can be to find yourself faced with criminal charges, but when you have a seasoned attorney by your side, the chances of success are substantially improved.
If you are facing charges for driving while intoxicated, contact us for aggressive representation against the charges you face.
Case dismissed State of Texas v. K.H. (Assault Family Violence/3rd Degree Felony)
Case dismissed State of Texas v. A. B. (Theft of Property)
Dismissed State of Texas v. A. M. (Assault)
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