As an experienced Austin DWI lawyer, I understand that you’re probably feeling confused, angry, or somewhat fearful about what’s happened to you. When you have been investigated or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. As a Texas DWI defense attorney, I know that facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a DWI arrest or DWI charge conviction include the restriction or loss of your Texas driver’s license, an increase in insurance costs, fines, court costs, a Driver’s License Surcharge of between $3,000.00 and $6,000.00, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.
Texas law says that the County Attorney needs only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dried, but it is not quite as simple as that.
You see, if challenged, the County Attorney must also show all of the following:
- Austin DWI Lawyer That the arresting officer made the arrest properly,
- Austin DWI Lawyer That you were properly advised of your rights,
- Austin DWI Lawyer That the equipment the officer used to test you was working accurately, and
- Austin DWI Lawyer Even that the person operating the equipment was certified to operate the
Further, the officer that administers the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administering these tests. I have successfully completed training for the National Highway Traffic Safety Administration Standardized Field Sobriety Testing. What does that mean to you? It means that in addition to grading you on your performance of the tests, I will also grade the officer to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the County Attorney or the jury to show that the tests results were unreliable and should not be believed.
Important Fact When Considering a DWI Criminal Defense Lawyer
DUI Lawyer / Trial Attorney Ken has attended the Robert F. Borkenstein Course on Alcohol and Highway Safety, Testing, Research and Legislation taught at the Indiana University. This is the same course the prosecutor’s expert attended. As a result of this training, Ken is able to better contest any Intoxilyzer evidence that the prosecutor attempts to introduce.
DUI Lawyer / Trial Attorney Ken has completed training under the Department of Transportation Guidelines as an Intoxilyzer 5000 Operator and Technician. As an experienced DWI Lawyer in Austin Texas, this training gives me the knowledge and tools to know the strengths and weaknesses of this particular Intoxilyzer. Further, I can use this knowledge to better defend you.
When you retain me I’ll insist that the County Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions of them.
I’ll insist that the County Attorney provide us with any information or material he has which could show that you are not guilty of the charges against you, or which may help you get a lighter sentence.
I’ll insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.
I’ll insist on receiving copies of records showing that the equipment used for tests was functioning properly and that the person giving the tests was properly certified.
As you can see, what looks simple gets pretty complex. As your criminal defense attorney I will insist that all this information be provided and that you and I walk through all this information as we discuss and proceed on your case.
DWI Defense Lawyer
When you find yourself, a family member, or friend in this situation, you need an experienced and well-skilled DWI defense lawyer who practices only in the area of criminal defense law. For better or worse, criminal law has its own unique practice and methodology. Frequently you will find attorneys who practice criminal law, but also handle personal injury, divorce, and other matters. They may be good attorneys, but I believe that criminal law is too specialized, especially in the areas of a DWI arrest and DUI charges, to risk my clients to any distractions facing a defense attorney who handles multiple types of law and who is not in the trenches everyday.
If you or your loved one have been arrested in Texas or specifically the Austin area for a DWI or DUI charge, you should get an experienced defense attorney on your side as soon as possible. As a skilled Austin, Texas defense attorney, I can protect your rights against any accusations of committing a crime.
Please call and schedule an appointment at your earliest convenience, because I can help you through the unfamiliar territory of the criminal justice system. Because each case is different and special, I offer a free initial consultation where you and I can sit down and discuss the DWI / DUI charges against you and what options are available to you. To assist you financially in paying any attorney fees, I offer flat rate fees and flexible payment plans that will allow you to hire me as your criminal defense attorney so that I can start immediately to protect your rights.
DWI Criminal Defense Trial Lawyer Austin, Texas
For additional information about Texas DWI laws and how Ken Gibson, an experienced DWI criminal defense lawyer located in Austin, Texas can help defend your rights. click here! (opens in new window)