OUR BLOG HAS MOVED!!!!

We've recently moved our blog.

We'll keep this one up, and the articles on it, but the new blog can be found at:

Austin Criminal Law Blog

If you prefer the copy/paste method, the new link is:

http://www.lawofficeofrobertkeates.com/blog

Thank you.

Basics of a Texas DWI in Austin, Travis County

A typical DWI arrest consists of being pulled over while driving, usually for swerving or bad driving observed by an officer. Frequently, other suspicious drivers may call 911 or a DWI hot line to report other drivers on the road.

Once an officer has pulled over an individual for DWI, the officer with conduct several observations to further establish reasonable suspicion or probable cause, such as looking for blood shot eyes, slurred speech, unsteady gait or fumbling with documents, and the smell of alcohol. While pure alcohol has no smell, officers will frequently testify that the flavoring in alcohol (the other additives in the drink) has a distinct smell when consumed and on the breath.

After making preliminary observations, the officer will usually conduct field sobriety tests, or FSTs. The FSTs consist of several physical tests that are commonly thought to gauge a person's intoxication level. Some of the field sobriety tests used are the walk and turn test, finger tip to nose test, stand on one leg test, silent count to thirty test, and the Horizontal Gaze Nystagmus test.

Many times, either before or after the FSTs, an officer will ask the driver of a suspected DWI to breathe into a machine commonly called a breathalyzer or breath test device, used to calculate a person's intoxication by measuring the alcohol content at that moment in the breath.

If the result of a breath or blood test reads at or above a .08%, the driver is generally arrested for DWI, although the results need not be at a .08 or above to arrest. DWI Arrests can be made at breath or even blood test levels below a .08%, if the officer believes the person is too intoxicated to drive. Travis County has been known to prosecute DWI cases based on lower than .08% blood alcohol levels.

At a DWI arrest, an officer will hand the driver a notice of driver's license suspension, which is sent to the Texas DPS. A person arrested on a DWI charge has the right to appeal the driver's license suspension at the DPS with a formal administrative hearing. Typically the arresting officer will testify at the DPS hearing, setting forth the suspected probable cause for arrest and suspension of the driver's license. The key is to request the hearing within ten days of DWI arrest -- within 10 days! -- in order to conduct the DPS hearing, otherwise, the right to an administrative DWI DPS hearing is waived and lost.

DWI in Texas: Can you get a DWI from Prescription Drugs in Texas (No Alcohol DWIs - Drugged Driving)

In Texas, DWI laws are changing each year, often to make penalties and punishments more sever for DWI offenders, as well as creating more ways for law enforcement to make arrests.  I often receive calls about DWI arrests where no alcohol was involved -- but instead, the person was arrested for DWI based on a Prescription Medication.

Lunesta is one of the most common I see, although many other narcotics -- all legal with prescription -- have led to arrests and in many cases, convictions for DWI.

Texas Law specifically states, "

"Intoxicated" means: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body."

Which means, DWI's are not limited to alcohol any longer, and include drugs -- even a legal, prescribed medication.

However, a non-alcohol DWI is far harder to prove than alcohol DWIs.  First, the prosecutors won't have much to go on if they don't test your blood, and I've seen many cases where blood is not tested.  Without blood results (which would show traces and potentially, depending on the test, the metabolites of the drug in your system) then the prosecutors must attempt to prove the case on circumstantial evidence.  They'll show that you were on a medication, or admitted to being on a prescription at the time of driving, and will point to driving errors or errors on the field sobriety tests to show impairment.

There is no legal limit, in terms of a numerical value, for medication DWI.  In other words, while it's prohibited to drive with more than .08% of alcohol in your system, leaving the prosecution to rely heavily on "impairment" in general.  Often they argue that any impairment is enough to prove DWI, but it's important to note that impairment must rise to the degree that it interferes with the ability to drive.  And that, is more difficult to prove to a jury than merely being over .08%, as in an Alcohol DWI.

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How to Reduce your Texas DPS Surcharges; Surcharge Waivers and Indigency

Years ago DPS offered an amnesty for people with past due Surcharges.  Currently, there is only one application process by which an individual can reduce any DPS Surcharges: the DPS Indigency Program.

The DPS Indigency Program offers reduced surcharges to people living at (or below) the federal poverty level.  This means that if your income is under a certain level, you can have your Texas Surcharges greatly reduced.

So how much can you save? DPS will reduce your Surcharges to 10% of what you owe.  But, it gets better than that; DPS caps the total you'll owe to $250.  That means, if your application is accepted by DPS to reduce your Surcharges, you will owe $250 TOTAL, OR LESS.  Of course, reinstatement fees and other service fees apply.

To apply, you must submit the DPS Surcharge application for Indigency.  The application must be filled out completely and notarized (stamped by an official of the state -- banks will do this for you).  The application is available online from DPS's website HERE pr you can call DPS directly and have them mail it out to you.  The number for DPS Indigency Program is (866) 223-3583.

What if my Texas Driver's License is suspended still?  If your license is still suspended for reasons OTHER than surcharges, you may be eligible for an Occupational License.  Call us for a Free Consultation at 512-216-3211.  

Also, you can read more about Occupational Licenses at:  http://lawofficerobertkeates.blogspot.com/2012/11/suspended-driver-license-help-in-texas_21.html

Why you should Hire a Lawyer for a No Insurance Ticket (Failure to Maintain Auto Insurance)

Most people who receive a No Insurance ticket in Austin find themselves paying the ticket off, to avoid more costly fines later (also known as paying the Early Fine).

But, as you're about to read, there are several reasons why not only will paying the ticket be more costly, it will also continue to cause you to pay for at least three years or longer.

What a No Insurance ticket REALLY costs you.  A No Insurance ticket in Austin, Travis County Texas typically runs about close to $350 after you've factored in fines, court costs, and fees.  Plus you'll have higher rates when you get insurance, and have to spend a half day (or more) at the Courthouse, which means time off from work and quite a hassle.

But what the Court won't tell you (or at least won't highlight) is that by paying the fine, you're pleading Guilty or No Contest, which triggers three things: surcharges, new insurance rules for you, and a Texas Driver's License suspension.

Surcharges.  In Texas, a No Insurance Ticket  conviction will cause you to have THREE YEARS of surcharges linked to your Driving Record and License. For a No Insurance ticket, that means ~$250 EXTRA per YEAR, for three years.  This is considered an Administrative Fee, and is separate from any court fees or costs.  If you don't pay the surcharges, DPS will suspend your Driver's License.  If you don't have a license, they'll suspend you ability to get one.

SR22 Insurance Required.  Once you have certain driving offenses on your record, such as a No Insurance ticket, DPS will require you to carry SR22 insurance.  This type of insurance costs more than typical insurance, and usually must be prepaid in 6 month increments.  This is required for at least a year from the ticket, although lately SR22 has been required for two years, meaning added costs to you.

DPS Driver's License Suspension.  Upon conviction of a No Insurance ticket, your river's License will be suspended.  That means if you're caught driving, you'll get a Driving While License Invalid ticket, which can be a Class B Misdemeanor.  You'll also be required to pay DPS reinstatement fees (typically about $105 plus a little more depending on your driving record) before your actual license can be reinstated.

The TOTAL costs for a No Insurance ticket over three years will be: $1105.00 plus any rises in your insurance and plus the added cost of SR22 insurance.

So How Can You Avoid Added Fees, Suspensions, and Surcharges? Easy; you can hire a lawyer to do everything for you, the right way.  We'll talk you through the process and strategy over the phone, for a Free Phone Consultation at 512-216-3211 -- but generally speaking, we'll go to court, arrange for a (hopeful) Dismissal of the charges, contact DPS, see whether your license is or will be suspended, and then (if needed) get you an Occupational License to hold you over until the license can be reinstated again.  And, we guarantee it'll cost you LESS than the total cost of the ticket listed above.  In fact, mention this blog post (you can merely say you saw our Blog) and we'll give you a quote that's under $400.