DWI & Criminal Defense Attorney in Austin, Texas

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1201 Rio Grande, Suite 200

Austin, Texas 78701

Bennie E. Ray

Attorney at Law

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Call Us: 512-479-7775

DWI Questions

Let us answer your Texas DWI Questions

Getting arrested for DWI in Texas may be one of the most stressful and traumatic events in your life. Although a first offense DWI is still a misdemeanor, it’s nothing like getting a traffic ticket and for people who have... Learn more.

DWI is a criminal offense which prohibits you from operating a motor vehicle in a public place while “intoxicated” is defined as having lost the normal use of either mental or physical faculties, or having a .08 alcohol level in... Learn more.

Before 1983, DUI meant driving under the influence of drugs or narcotics, but now it only pertains to minors. In Texas, it is never permissible for minors to have any alcohol in their body and drive. DUI punishment as a... Learn more.

The penalties for DWI in Texas DWI are: A First-Offense conviction will less than a .15 BAC includes the possibility of a fine not to exceed $2,000.00 and/or a jail sentence from 3 days to 180 days, and a driver’s... Learn more.

DWI 2nd is a serious charge. According to the State of Texas, a DWI 2nd charge is when you are arrested for DWI and have previously been convicted once of driving while intoxicated. There is no limit to how old... Learn more.

The best reason to request an administrative license revocation hearing or ALR hearing, first and foremost, is to try to save your driver’s license. The ALR Program is a civil administrative process unrelated to criminal court proceedings, in which... Learn more.

Felony DWI in Texas charges are very serious and can have a major impact on your life beyond just the punishment stated. A felony conviction can disqualify you from voting, obtaining certain jobs, renting certain apartments, and owning a firearm. There are... Learn more.

According to the State of Texas, a DWI third offense is when an individual is arrested for DWI and has previously been convicted two times of DWI. If you are convicted of a third DWI, this third-degree felony can result in... Learn more.

DWI with child passenger is a very serious charge. According to the State of Texas, DWI with a child passenger is when: a person commits a offense if the person operates a motor vehicle in a public place; and, the vehicle... Learn more.

Absolutely! You should have legal representation in your Administrative License Revocation or ALR hearing. According to the State of Texas, the ALR Program is "a civil administrative process unrelated to criminal court proceedings, in which individuals arrested for driving while intoxicated... Learn more.

Intoxication assault is when you cause serious bodily injury to another person by accident or mistake, either while committing the act of BWI or FWI or while operating a motor vehicle while intoxicated in a public place (DWI), and by... Learn more.

Intoxication manslaughter is when you cause the death of another person by accident or mistake, either while committing the act of BWI or FWI or while operating a motor vehicle while intoxicated in a public place (DWI), and by reason... Learn more.

DWI probation is a contract between you and the court when you are convicted of crime in which the judge suspends your jail sentence, does not make you pay the entire fine, and does not take away your driver’s license as long... Learn more.

BWI or boating while intoxicated is when you commit an offense intoxicated while operating a watercraft. A BWI is just as serious a charge as a DWI, and its punishments are exactly the same as for DWI, including the same... Learn more.

Yes, the crimes of DWI and public intoxication in Texas are very different. Specifically, the statutory definitions of the term “intoxicated” are not equal in regard to the two charges. The DWI intoxication definitions (loss of normal mental or physical faculties... Learn more.

The Loss of Normal Use Myth begins with the reoccurring story that begins with a responsible citizen finding themselves handcuffed in the back of a police car. They tell us they took steps to ensure they would never be arrested for DWI.... Learn more.

As discussed earlier this series, there are many intricacies involved in the DWI laws in Texas. Defense attorneys in Houston often hear client stories that could have been prevented if the person had a clearer understanding of the law. No where... Learn more.

There are many myths surrounding the DWI laws in Texas. Criminal attorneys in Houston often hear about situations that could have been prevented if the client had a clearer understanding of the law. No where is this truer than with... Learn more.

If you have a suspended Texas drivers license because you declined a chemical test or because you were convicted of DWI, the penalties can vary. Driving while license suspended (DWLS) is a misdemeanor and: has a punishment range of 3 days to... Learn more.

If you own a commercial drivers license or CDL, it may be suspended for 1 year (or 3 years if transporting hazardous material at the time) if you are convicted of: operating a commercial or noncommercial motor vehicle while intoxicated... Learn more.

C DWI and pilot license do not mix. The penalties are severe and potentially career ending. If you are a licensed pilot and you’ve been convicted of DWI, you must file a pilot’s first-class medical application and report your status within 60 days of... Learn more.

You need not be drunk to be “intoxicated,” but if you are drunk, you must be intoxicated. "Intoxicated" Defined “Intoxicated” is defined by the DWI statute in three ways: First, you are “intoxicated” when you have lost the normal use... Learn more.

In Texas, there is a difference between impaired driving and drunk driving. It is a crime to do either, but the way the state defines intoxication is having lost the normal use of mental or physical faculties. And you don’t... Learn more.

A DWI conviction produces a permanent record. It is also important to note that a DWI probation, which is also a final conviction, will remain permanently on your criminal record. If, however, your DWI conviction case results in a dismissal,... Learn more.

According to the Texas DWI statute, “normal mental and physical faculties” refer to those of the particular person who has been arrested. The term does not refer to the normal faculties of the arresting officer, of the jurors, or of... Learn more.

Alcohol concentration in DWI is defined by the statute as the number of grams of alcohol per 100 milliliters of blood; or the number of grams of alcohol per 210 liters of breath; or the number of grams of alcohol... Learn more.

Our DWI law in Texas requires the prosecution to prove that you were .08 BAC or blood alcohol content at the time of driving in order to convict you. A subsequent breath or blood test can yield three possibilities in... Learn more.

Yes. Where a DWI breath test does not show intoxication (i.e., it shows .00, .02, .06, etc.), it is often the case that the prosecution will still proceed under the theory that intoxication was present and caused by a drug,... Learn more.

If submit to a DWI blood test or breath test and your alcohol concentration (BAC) comes back as 0.15 or higher, your charge can be enhanced from a DWI class B misdemeanor to a DWI class A misdemeanor, which may... Learn more.

When we talk about police DWI tests, Texas law provides that alcohol concentration testing can be performed by analysis of a DWI suspect’s urine, blood, or breath. All three of these testing methods, however, leave much to be desired. Police... Learn more.

The Field Sobriety Test (FST) consists of three tasks that a police officer administers to a driver who is suspected of driving under the influence of alcohol. These guidelines are issued by the National Highway Traffic Safety Administration (NHTSA). According... Learn more.

The term “ no-refusal weekend ” is a misnomer. It was coined by law enforcement to advertise that police agencies would ask for a search warrant to seize a blood sample from a driver where a breath test was refused.... Learn more.

Maybe and no. Our law deems that all persons who drive with Texas licenses have already conditionally agreed, AFTER their DWI arrest, to take either a breath or blood test upon being lawfully arrested, and provided orally and in writing... Learn more.

Our law provides that where there is implied consent, the arrested person may refuse to take the requested test absent a search warrant. Where you refuse, penalties may follow depending on whether you have had any prior “alcohol-related or drug-related... Learn more.

Police say that the Intoxilyzer 5000 EN will show only a result of the breath tested and that breath only comes from deep lung air. Non-police scientists disagree. They say that the Intoxilyzer often misreads other commonly found substances in... Learn more.

Texas is currently replacing the Intoxilyzer 5000 EN and transitioning to the Intoxilyzer 9000 for breath alcohol testing. According to the manufacturer, the device works on the basis of infrared light absorption by alcohol detected in a person’s breath. According... Learn more.

A portable breath test device, or PBT, is an electronic alcohol breath tester. It is generally the size of a cigarette package and is carried by the officer in the field as a tool to help him determine whether a... Learn more.

For a first offense, DWI bond conditions are a matter of discretion for the court. However, if you are charged with a subsequent offense of DWI in Texas or a first offense of intoxicated assault or manslaughter in Texas, you... Learn more.

No, you have no right to refuse being videotaped. However, you do have the right to refuse to perform any police field sobriety exercises and to refuse to answer any interrogation questions. Unlike breath or blood test refusals, there is... Learn more.

Yes, you can refuse the police field sobriety tests. Police officers have many tools that they use to help them determine whether a person is intoxicated for DWI purposes. Field Sobriety Tests: Tools of the trade Many of these tools... Learn more.

A standardized field sobriety test (SFST) is a police tool to help the officer try to identify an intoxicated driver. The three SFSTs are as follows: The horizontal gaze nystagmus (HGN) test The one-leg stand test The walk and turn... Learn more.

No, it is not legal to be driving while drinking and alcoholic beverage. It is a class C misdemeanor for you to operate a car while you personally possess an open alcoholic beverage container. This penalty, as noted earlier, increases... Learn more.

No. The State of Texas prohibits any passenger from having an open alcoholic container in a passenger area of the vehicle unless the person is a passenger in the living quarters of a motor home, a limousine, a bus, a... Learn more.

No. There is no statute or court decision that provides that the police must allow you access to a telephone in order for you to speak to a attorney for DWI assistance and advice. However, you do have the right... Learn more.

Under our federal and state constitutions, you have an absolute right to an attorney at your trial if you are arrested for DWI. However, such is not the case in every pretrial stage which precedes the trial. Indeed, in some... Learn more.

A lot. A knowledgeable Texas DWI attorney can assist you in being released from jail by arranging for or posting bond if you’ve been arrested. Also, it should be noted that all persons arrested for DWI who have taken the... Learn more.

Yes. Law enforcement officers can seize your driver’s license if you have refused or failed a breath and/or blood test. If this happens, the officer should also issue you a temporary driving certificate authorizing you to drive legally for 40... Learn more.

A DWI surcharge is an administrative penalty charged by the Texas Department of Public Safety as a fee for you to maintain your driver’s license after you have either suffered a DWI conviction or submitted to a breath and/or blood... Learn more.

No. Texas cannot suspend your license if you receive a DWI in another state, but it can, however, prevent you from applying for a Texas license during the period of suspension. It can also notify the state issuing your license... Learn more.

If you have a prior DWI conviction, the prosecution can use offenses from 10, 20, even 30 years ago to enhance your current DWI conviction, which increases the grade of the DWI offense you are presently being prosecuted for. This... Learn more.

If you have multiple DWI cases pending, the prosecution may use those offenses as punishment evidence against you in trial, revoke your bond on the initial DWI charge, or recommend a harsher penalty for a DWI conviction. Learn more.

If you have prior DWI convictions, the prosecution can use offenses from 10, 20, even 30 years ago to enhance your current DWI conviction, which increases the grade of the DWI offense you are presently being prosecuted for. This increases... Learn more.

The short answer is maybe. In some circumstances, a DWI conviction can prevent you from entering certain countries, such as Canada. Also, certain felony DWI-related convictions could lead to the deportation of non-citizens in certain situations. Learn more.

Disclaimer: This website is designed to give you an overview of DWI and DUI law only in Texas. Do not rely on it for legal advice. Every case is different depending on the facts and circumstances surrounding the arrest. If you have been arrested, we recommend that you consult with a licensed attorney to discuss the specifics of your case