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What Happens When You Get Stopped for DWI in Austin TX?
Sep 16, 2019
What Happens When You Get Stopped for Drunk Driving?
Getting stopped for drunk driving (commonly referred to as “dwi” – driving while intoxicated or “dui” – driving under the influence) is a serious offense and can have different consequences depending upon where you live. All 50 states have per se laws defining it as a crime to drive with a blood alcohol content (BAC) level at or above 0.08 percent. However, some states have enacted zero tolerance laws that lower that level for underage drivers and high BAC laws that impose harsher penalties for those caught with levels of .16 to .20. Getting stopped. When you’re stopped for drunk driving (or for something else and a police officer has reason to believe you’ve been drinking), you will generally be required to take a sobriety test (blood, breath or urine) to determine your BAC level. Most states have implied consent laws which means that you must comply with a test or face fines and/or license suspension – sometimes right on the spot – for refusing to take the test.
If you have been accused of DWI, you only have 15 days to contest the suspension of your Texas Driver's License or the state will automatically suspend your license for the applicable suspension period. CALL NOW 512.474.1499
What happens next?
If you refuse the test or are found to have a BAC over the state limit, chances are you’ll be taken into custody and brought to a police station where you’ll be held until someone can pick you up. In addition, your license may be temporarily suspended and your vehicle may be impounded for a period of time after the incident.
Going to court. Aside from a possible administrative hearing that reviews the circumstances surrounding your arrest, you must generally go to court where a judge will decide your fate. In many cases, it is strictly based on your blood alcohol level or refusal to submit to a breath test.
If you’re found guilty, most courts will:
• impose fines (and some add on an additional driver responsibility tax)
• suspend or revoke your license
• require participation in a drunk driver education program
• add points to your license (and your insurance will most likely increase)
• require community service work
• put you on probation
In addition, some judges may require you to participate in alcohol or drug treatment programs as part of a parole program or have an ignition interlock device installed on your vehicle.
Getting your license back
Some states allow for provisional, conditional, hardship or temporary licenses. This varies greatly by state, judge and circumstances and is often granted only with participation in an education program or by showing a family hardship.
More than one arrest. Nearly all states have laws that impose higher penalties and fines if you’ve already been convicted of drunk driving within the last the last 5 to 10 years.
No Refusal Initiative 4th of July 2022
The upcoming Labor Day weekend is traditionally very big out on the area lakes as we mark the unofficial end of summer. The Austin Police Department will be bolstering its patrols on the lookout for drunk drivers starting Friday as part of its Labor Day DWI initiative.
Have you been charged with driving under the influence (DUI) or driving while intoxicated (DWI) in Texas? Do you know the difference? Texas distinguishes between the charges of DUI and DWI, and as a result, the defense strategies are different for each.
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