DWI Defense
DWI Defense Attorney in Austin, TX
DWI penalties in Texas can be quite stiff. If you are facing DWI charges, choosing a skilled DWI lawyer right away is crucial. Central Texas lawyer Jason Katims has the experience you need to get you the best possible outcome. Call us today at 512-900-9769 to schedule your initial consultation.
Call us today at 512-900-9769 to schedule your initial consultation.
What Is DWI?
Driving while intoxicated is illegal across the country, but each state’s laws are unique. In Texas, you may be determined to be “intoxicated” in two different scenarios:
- BAC (blood alcohol content) of .08 percent or higher
- Impaired mental or physical faculties after consuming alcohol or drugs, even with a BAC below the legal limit
DWI Penalties
Texas sets out a system of escalating penalties for DWIs, although the sentencing guidelines allow judges a fair amount of freedom in sentencing. In general, the first DWI is a Class B misdemeanor with a jail sentence of up to 180 days, a fine of up to $2,000, and a license suspension of up to a year. By your third DWI, you may face felony charges and up to 10 years in prison.
Open containers, having a child in the car, a BAC of .15 or higher, or causing an injury or fatality can significantly increase the penalties. Refusing chemical testing for alcohol or drugs carries automatic license suspension of 90 days to two years, although you may request an administrative hearing.
How We Can Help
DWI is a serious matter, and those who are found guilty can face consequences. However, a skilled DWI attorney can help you explore the possibility of an intervention program to avoid, a reduction in charges, or to avoid the most serious penalties. For example, in cases where jail time is unavoidable, some people may be eligible for SWAP – the Sheriff’s Weekend Alternative Program – to discharge their sentence on the weekends so they don’t miss work.
We know how to navigate the court system, communicate with the prosecutor, negotiate a plea deal, and recommend reasonable sentencing in the event that you are found guilty. In some cases, we may even be able to have the charges dropped or reduced.
About Jason Katims, Attorney at Law
Born and raised in Texas, Jason Katims is committed to personal freedom.
In 2018, he was recognized by the American Institute of Legal Advocates as a Rising Star in the field of Criminal Law, and by the Association of American Trial Lawyers as one of the Top 40 Under 40. In 2017, the American Institute of Criminal Law Attorneys recognized him as one of the 10 Best Attorneys in Texas.
Frequently Asked Questions
What’s the difference between DUI and DWI?
DUI means driving under the influence, while DWI is an acronym for driving while intoxicated or impaired. In some states, these two terms are used interchangeably, but in Texas, they are two different offenses. DUIs are only issued to minors who are caught driving with any amount of alcohol in their systems––even if the amount is under the legal limit of .08. Adults caught driving with a blood alcohol content of .08 or higher are charged with DWI.
What happens when you get a DWI?
Your driver’s license will be taken away and you will be issued a temporary driving permit that expires in 40 days. During this period of time, you will need to attend a hearing with the Administrative License Revocation Program to contest the suspension of your license. If you do not do this, or if you lose your case, your license will be suspended. You will also have a hearing in criminal court, which could result in fines, time in jail, and/or license revocation. It’s important to be represented by an experienced DWI defense attorney through all steps of the process.
How much is bail for a DWI?
There are many factors that are taken into consideration when the amount of bail is determined. In most cases, a first time offender will have bail set between $200 and $1000.
Is a DWI considered a crime?
DWIs are not a traffic offense; in Texas a DWI is a criminal offense, charged as a misdemeanor or felony. A first conviction is a Class B misdemeanor, the second is a Class A misdemeanor, and if you get caught a third time, it’s a third degree felony.
How long does a DWI stay on your record in Texas?
Because DWIs are a criminal offense, they do not “fall off” your record after a certain period of time. In some special circumstances, you may be able to have your DWI expunged or sealed, but a skilled DWI attorney is needed to make your case.