Austin DWI Attorney

You ONLY Have 15 DAYS to Request A DMV Hearing in TX.

Need an Austin DWI attorney?

An arrest for Driving While Intoxicated in Austin can be frightening. All it takes is a momentary lapse in judgment for good people to find themselves facing a criminal charge. If convicted of a DWI, you face a range of serious consequences. This includes a criminal record that will impact your future. At Stephen T Bowling, DWI & Criminal Defense Attorneys we practice exclusively as DWI & Criminal Defense Lawyers. Whether you have been charged with a first offense DWI or are facing a felony DWI charge, we will fight to mitigate the consequences, with our extensive law enforcement experience and detailed knowledge of the science behind a DWI arrest. We have had DWI charges of all levels dismissed. Call today for a Free Consultation.

A Texas DWI arrest requires the officer to have “reasonable suspicion” to make contact with the driver of the vehicle. Reasonable suspicion is what the officer will use to justify that the stop was legal. The officer will generally justify the initial stop by indicating a traffic violation, utilizing the National Highway Transportation Safety Administration publications indicating factors of intoxicated driving, a tip from a caller, or even by saying they were checking on a person via the community caretaking doctrine.

In an Austin DWI traffic stop the officer will almost always use the odor of alcohol to justify further investigation. At this point, the officer is attempting to gather “probable cause” to make an arrest. “Probable cause” is not defined in Texas but the definition we used when I made DWI arrests was ‘the set of facts and circumstances that would lead a reasonable and prudent person to believe a crime has been or is about to be committed.’

The officer will gather this probable cause through asking you questions, visual observations, the officer’s opinion on how well you performed on the Field Sobriety Tests, and the results of any breath tests. As an Austin DWI Attorney, I suggest NEVER telling the officer where you have been or if you have had any drinks. I also suggest never taking the Field Sobriety Tests, or providing a breath or blood sample because these tests can be flawed.

Consequences of a DWI conviction

A Texas DWI conviction will stay on your record permanently. Although some states will not use a previous DWI/DUI to enhance a charge after a period of time; in an Austin DWI arrest a past conviction for DWI will be used to enhance your DWI charge.

This means if you plea to a DWI and get another 20 years later, it will be a DWI-2nd. If you ever get a third DWI it will be a felony. As DWI Attorneys in Austin, we see this very scenario. Unfortunately, even if the case is later dismissed or you receive a Not Guilty at trial, the stress and life impact of facing a felony conviction are life-altering. No one ever plans on getting another DWI but it happens. This is why it is important to have an experienced Austin DWI Attorney with a history of dismissals to represent you during your case.

As Austin DWI Attorneys who were previously on the law enforcement side, we know an officer making a DWI arrest has several areas they can make mistakes. DWI arrests don’t happen in a classroom. They typically happen at night with field sobriety tests taking place in less than desirable conditions. This combined with our commitment to studying the latest science in DWI cases ensures you have the greatest chance of having a desirable outcome. Don’t settle for any attorney; call an Austin DWI Attorney who has the experience and knowledge to really fight your case!

DWI Field Sobriety Tests

The Police Officer must determine you are “Intoxicated” before a DWI arrest is made. “Intoxicated” in Texas doesn’t just mean a Blood Alcohol Concentration of .08 or higher. It can also include driving under the influence of prescription medication, an illegal drug, or a combination of alcohol and drugs.

When a person is arrested for a DWI charge, field sobriety tests are administered unless you refuse them. With multiple attorneys that are prior police officers we ensure our team knows where to look for errors. This knowledge combined with a thorough understanding of the studies behind the Field Sobriety Tests has led to dismissals of numerous DWI cases. These mistakes can become major factors for your defense when your case is presented in court.

At the Free Consultation we will walk through the DWI field sobriety tests and see if the police made any errors or if any constitutional rights were violated. We also provide an intake packet with questions that help us see if you have any medical conditions, take any medication, or if any other factors may help your defense.

Let’s cover what the Standardized Field Sobriety Tests (SFSTs) are used and how they determine if a driver is Intoxicated? The battery of tests that are known as the SFSTs were developed by the National Highway Traffic Safety Administration (NHTSA) to detect impaired drivers. These tests are utilized nationwide by law enforcement agencies to make DWI arrests and government attorneys to convict drivers of Driving While Intoxicated.

Horizontal Gaze Nystagmus (HGN)

The sobriety tests typically start with the officer giving the HGN test. The term “HGN” refers to the quick movement (or jerking) of the eye back and forth by the driver when instructed to follow an object that is held by the arresting officer. Clients often think that if they followed the pen they passed the test, when in fact it is this shaking of the eye the officer is looking for. The officer is trained to use a very specific set of procedures when administering this test. It is critical to understand what to look for during this test as deviations from the procedures and certain environmental factors will make the test invalid. We at Stephen T Bowling, DWI & Criminal Defense Attorneys have successfully challenged many DWI charges using our knowledge and experience with the HGN to secure DWI dismissals.

Walk-and-Turn Test

This test requires that our client walk nine steps, heel to toe along a straight line, turn in a specified manner, and return to the starting point. The officer gives the person instructions to perform the test and provides an abbreviated example of the test (taking three steps instead of nine). Much like the HGN test, the officer doesn’t let you know what clues they are looking for.

The eight possible clues the officer looked for are losing your balance during the instructional phase, starting too soon, stepping off the line, stopping during the test, taking the wrong number of steps, turning incorrectly, missing heel to toe, and using your arms for balance. This is another test that is prone to mistakes. The intake packet we have our clients fill out gathers information that may disqualify you as a candidate for the exam. This recollection will provide the clues for us to use when we face the officer at your DMV hearing and in court.

One Leg Stand

This test requires the client to raise one foot and hold it six inches off the ground for thirty seconds. While the leg is raised, the officer is looking for four clues. These clues are swaying (the officer often says 1″ side to side is a sign of intoxication), using your arms for balance, hopping, or putting the foot down. There are many reasons other than intoxication that a person may fail these tests.

The officer will occasionally have the client take other field sobriety tests. We will cover these in the Free Consultation.

As we briefly covered the test used to determine “Intoxicated” above, we will look at the Texas DWI Statute. A Driving While Intoxicated (DWI) charge in Texas is defined in the Texas Penal Code 49.04 as:

DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

The prosecution must prove beyond a reasonable doubt that you were:

1. Intoxicated, while
2. Operating,
3. a Motor Vehicle, and
4. In a public place.

In order to understand what exactly a DWI is we must discuss what each element is that the government’s prosecutors must prove beyond a reasonable doubt to obtain a conviction.

• What is “Intoxicated”?
• What is “Operating”?
• What is considered a Motor Vehicle?
• What is a “public place”?

Step One: Contact an Attorney that knows DWI Defense

Following a DWI arrest, contact Stephen T Bowling: DWI & Criminal Defense Attorneys right away at (512) 599-9000. We are available nights and weekends. We have had instances where a DWI charge were dismissed after we obtained evidence that would have otherwise been lost if we would not have sought it out immediately.

These vary based on the case but a few we have seen are obtaining security camera footage or photos of the arrest area. We will schedule a free consultation where we explain the process and potential defenses to your DWI case. We will answer all your questions, such as: Is your license suspended immediately after a DWI arrest, What happens when you refuse a breathalyzer, and how much does a DWI cost?

Our hope is that this will take away some of the stress of the unknown. You do have options that may result in a dismissal or a lighter penalty. We are happy to share our knowledge and tips to anyone going through this stressful time.

Step Two: Arrange a DMV Hearing

In Texas, if you are arrested for driving while intoxicated, your driver’s license will automatically be suspended unless an Administrative License Revocation hearing is requested. In order to appeal this suspension, you will need to arrange a hearing with the Department of Public Safety.

This hearing is a civil case that is not connected to the criminal case in any way other than the case facts stem from the same event. We represent you at this hearing and use it as one method to gather evidence that may help the criminal case. In fact, we have had criminal cases dismissed based on testimony the officer provided during this hearing. Even though the cases are different, the officer is under oath, and therefore, tied to his testimony in the criminal case.

This hearing must be requested within 15 days of the day you receive notice. Once our team is acting as your Austin DWI Lawyer we will request this hearing on your behalf. All motions and dates pertaining to the license will be uploaded into the client portal in the Client Center so you are always up to date on the status. We strive to ensure you are able to drive after your DWI arrest.

The team at Stephen T Bowling, DWI & Criminal Defense are committed to providing exceptional service for our clients. Stephen T Bowling’s desire to start a firm dedicated to defending those facing criminal charges is a result of an arrest he experienced. He had a terrible experience with the lack of communication from the attorney he hired. The entire case he was only able to get one call back and never another update on his case.

As such, Stephen T Bowling ensures his staff and attorneys are available to always keep you up to date on your case. You can rest assured that we will do everything possible to resolve your DWI case with a positive result. We pride ourselves on our high success rate in the complicated field of Texas DWI Law. Using our expertise and experience, we will devote tireless energy advocating as your defense.