Why Hiring the Right Austin DUI/Defense Attorney is Crucial
Are you facing a drunk driving charge in Texas? Have you or your loved one been arrested for drunk driving? If so, you will need an experienced DUI lawyer to help you understand the colossal challenge that you are facing. Jason S. English, PLLC is here to provide the guidance and legal support you need for your DWI or DUI case.
Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) charges can bring stress and uncertainty, especially after a DUI arrest. Our team of skilled DUI lawyers is here to stand up for your rights and fight aggressively to get the best possible outcome for you.
Our attorneys are well-versed in Texas DUI laws and know how to challenge evidence, from field sobriety tests to breathalyzer results, with the aim of avoiding a DUI conviction. As your trusted DWI attorneys, we will:
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Thoroughly investigate your case
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Identify weaknesses in the prosecution's evidence
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Negotiate with prosecutors and enter a plea deal, if possible
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Aggressively defend you in court if needed
Time is critical in DWI cases. Contact us immediately, especially after an arrest, so we can begin building your defense strategy. The sooner your DUI attorney can start working on your case, the better.
Don't let a DWI charge derail your future. With experienced legal representation from our team, you'll have an advocate strongly fighting to protect your rights, driving privileges, and freedom.
Understanding DUI and DWI Charges
DUI and DWI charges carry serious legal consequences. These involve operating a vehicle while impaired by drugs or alcohol, potentially endangering lives on the road.
Driving while intoxicated under Section 49.04 of the Texas Penal Code is the primary charge for impaired driving or when operating a vehicle in public. In Austin, “Intoxication” is defined as not having the normal use of one's mental or physical faculties because of the introduction of alcohol or drugs, or having an alcohol concentration of 0.08 or higher. It applies when a driver's breath or blood alcohol concentration (BAC) reaches 0.08% or higher. For commercial drivers, the limit is 0.04%. Driving While Intoxicated is committed by a person who has an amount of alcohol or drug in their body that impairs their driving, even if it is below 0.08% when the person has lost either the normal use of physical or mental faculties.
A law enforcement officer can use various methods to determine impairment. These include field sobriety tests, breathalyzers, and blood tests. Refusing these can lead to automatic license suspension.
Reasonable suspicion for a traffic stop may include swerving, speeding, or erratic driving. The police officer looks for signs like slurred speech or the odor of alcohol. The horizontal gaze nystagmus test assesses involuntary eye movements associated with intoxication.
Penalties for DUI and DWI
First-time DWI offenders face fines of up to $2,000 and jail time ranging from 3 to 180 days. License suspension is also up to a year. Penalties for repeat offenders or those with high BAC levels increase significantly.
A second DWI can result in fines up to $4,000, jail time of one month to a year, and driver's license suspension for up to two years. Third and subsequent offenses may lead to felony charges, substantial fines, and lengthy prison sentences.
Additional consequences include community service, mandatory alcohol education programs, and requiring the installation of ignition interlock devices. A DWI conviction can severely impact employment prospects and insurance rates.
Defending Against DUI and DWI Charges
When facing DUI or DWI charges, mounting a strong defense is crucial. We focus on challenging every aspect of the prosecution's case to protect our client's rights and seek the best possible outcome.
One key strategy involves scrutinizing the initial traffic stop. We examine whether the officer had probable cause to pull over the vehicle, as an illegal stop can render subsequent evidence inadmissible.
Field sobriety tests are often faulty and unreliable indicators of impairment. We question the administration and interpretation of these tests, highlighting factors like physical conditions or nervousness that may affect performance.
Challenging the accuracy of breathalyzer results is another critical tactic. We investigate the device's calibration, maintenance records, and the officer's training to identify potential flaws in the testing process.
For blood tests, we scrutinize the chain of custody and lab procedures. Improper handling or analysis can compromise the integrity of the results, potentially leading to their exclusion as evidence.
We also evaluate whether Miranda warnings were properly given and if any constitutional rights were violated during the arrest or investigation.
Sometimes, medical conditions like diabetes can mimic signs of intoxication or affect BAC readings. We explore these possibilities to cast doubt on the prosecution's evidence.
Witness testimony can be crucial. We interview passengers, bystanders, or other potential witnesses who may provide alternative accounts of the events leading to the arrest.
By meticulously examining all aspects of the case, from the initial stop to the chemical test results, we work to build a comprehensive defense strategy tailored to each client's unique circumstances.
Why Choose Jason S. English Law, PLLC
We at Jason S. English Law, PLLC bring our knowledge, experience, and resources to your DWI defense. Our founder, Jason S. English, is a former prosecutor with extensive experience handling DWI cases from both sides of the courtroom.
Our dedication to our clients and their cause sets us apart. We understand the stress and uncertainty of a DWI charge, and we're committed to providing personalized attention to each case.
Our law firm's reputation speaks for itself:
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Recognized as one of Austin's top criminal defense lawyers
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Award-winning legal services
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Numerous positive client reviews
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Comprehensive understanding of Texas DWI laws
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Tailored defense strategies for each unique case
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Aggressive protection of your constitutional rights
Our approach combines legal flair with a deep commitment to our clients' well-being. We fight tirelessly to minimize the impact of DWI charges on your life and future.
When you choose Jason S. English Law, PLLC, you're not just getting a lawyer – you're getting a dedicated legal team ready to stand by your side throughout the entire process.
