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Friday, July 3, 2009

DWI Arrest information and your rights

DWI is known by many different names and abbreviations. DWI is Driving While Intoxicated, DUI - Driving Under Influence, OUI - Operating under Influence, Drunk Driving and so on. DWI is governed by State Laws. Therefore, terminology differs from State to State. In this article we will specifically discuss laws and punishments related to DWI arrest, your rights if you are charged with DWI and how to get yourself a competent DWI Defense Attorney.

To start with - DWI is a very very serious offense. An alarming number of Americans lose lives every year because of drunk drivers. The DWI Laws are very strict and if you are arrested with DWI charges, it can damage the rest of your life in a big way. DWI arrest can have very serious consequences. A bad police record is something you will have to live with if convicted. If not convicted you end up spending thousands of dollars over various things including DWI attorney fee. Either way there is bound to be criminal waste of countless number of hours visiting police station, meeting up with your Probationary Officer from time to time, volunteering community service, attending alcohol education classes, filling up forms at various stages and what not.. the ordeal is tiring, sometimes meaningless and humiliating. When you are caught under DWI suspicion, you are taken to the jail by the officer who has made the arrest and until you are allowed to make a call and your DWI attorney releases you on bail, you are actually in the jail cell (sharing the cell with one more criminal) in clothes provided by the jail, eating jail food, sleeping on hard jail matress. It traumatizes the person arrested under DWI. Immediately after DWI arrest you lose your right to drive, unless court grants you Occupational License, which comes with conditions such as observing speed limits and driving in limited areas etc. All this, if you get Occupational License. If you don't there is no issue. No driving your kids to school, or your parents to the nearby hospital. Immobility breaks your back. How will you drive to your job? There are instances when people have lost their jobs as a result of their DWI arrest. There are countries that don't allow people with DWI records against them.

Coming to your rights, as you are arrested under DWI charges, the first thing is to make sure the officer has not followed you to your destination/home without you being informed of it. You have a right to know your rights under the circumstances by the police officer arresting you. It is not your right to refuse BAC Test. If you do, your license may be suspended. Later on if it is found that your faculties were not impaired, your case will be dismissed but the status of your license will not change as you refused to co-operate with the arresting officer. You have a right to hire an attorney to fight your DWI case. Which brings us to our third point. How to find a competent DWI attorney.

First thing, if you are arrested under DWI - don't try to be your own attorney. Let a qualified professional handle it. Try to look for an attorney who practices only DWI cases and belongs to the same state where the DWI arrest has happened. Check out the website of your attorney if he has any. Check out his past DWI records. Talk to people whose cases this DWI attorney has handled. If DWI is one of the areas of your DWI attorney's practice, it is less likely that he will be aware of every aspect related to DWI. Where as if you choose your DWI attorney who practices say Austin DWI cases exclusively, he will approach and handle the DWI arrest much better. Start the process of looking for a DWI attorney fast as you have only 15 days to get one after your arrest. The whole DWI arrest process can take anywhere form 6 months to 3 years. Once the case is over you will have to pay an yearly fee of $1000 for next three years to up keep your driving license.

One can save oneself from all this torture torture by always driving sober.Once you are arrested under DWI charges, there is nothing you can do. No excuses work. No short cuts, no second chance. Let's better be sober than sorry!

How to deal with DWI Austin arrest?

If you are facing DWI Austin arrest or similar charges in other county or state, what you need to understand and realize is that you have got yourself into a very serious problem. DWI Austin arrest in a long wound legal procedure which costs time, money, energy, loss of face and sometimes job. It has life lasting effects.

The DWI arrest invariably leaves the DWI Austin victim with a sour feeling that this was one drink that he could have so easily done without! How true but too late... now that you're facing DWI charges, you'd rather deal with it. One thing about DWI Austin Arrest is that you cannot undo it. No matter what you do, if you are arrested by Law Enforcement Team or Patrolling Police under DWI Austin you have to face the consequences.

DWI Austin Laws - An overview: As far as DWI Austin Laws are concerned they are very strict and getting stricter by the day. Impaired driving has cost Austin many innocent lives. Vigourous patrolling during the peak hours is a norm. There are checkpoints now where the patrolling team stops all vehicles to check the status of driver's mental and physical faculties. There is another side to this. If you think you are drunk beyond the permissible BAC limits, there is a facility of hiring a driver who will drive you home in your own car. You are free to choose this option if you need the car to drive to office the next day

How does DWI Austin arrest happen? DWI Austin or Driving While Intoxicated in Austin is not an easy job for the patrolling police also. They are given a set of guidelines which they have to adhere to. They are trained professionals doing their job. So if they stop you on DWI suspicion, it means they have enough proof for doing so. Either someone called them (not an anonymous caller) or you have been under observation for at least half an hour and that they have been observing your behavior and mannerisms.

On what grounds can you be arrested under DWI Austin Charges? If after various roadside tests or tests done at the police station your Blood Alcohol Content Level is found above 0.08 you will be arrested. this is the point where things begin to get real complicated. And if you refuse to take these tests your driving license is suspended immediately. Either way trouble brews.

On what grounds can you challenge your DWI Austin Arrest? The police that arrested you under DWI Austin charges can be challenged on many grounds by a competent DWI Austin attorney. so make sure you hire the right people. e.g. The police cannot follow you home secretly without informing you. If they've done it, you can tell this to your attorney and he will deal with it. Likewise these tests are not scientific and accurate - and the DWI Austin attorney is aware of all aspects of it to question the court during hearing.

Did the police making arrest inform you about your rights as a citizen?
Were the tests done in accordance with the Standardized NHTSA guidelines?
Were the conditions proper?
Were your physical disability (if any), age, psychological conditions, weight given due attention while DWI tests were performed on you?

Hiring a competitive DWI Austin attorney: Don't try to be your own attorney if you are not qualified. Let a professional do his job. A DWI Attorney Specialist firm will ideally comprise Attorneys, Paralegals, investigator, outside forensic toxicologist, an outside evaluation group. The investigator is ideally a retired officer who has past experience of handling DWI cases at various levels.

DWI Austin Arrest cost: At least 6 months of worries and approximately $8500 expense. This includes attorney's fee, additional insurance, surcharges, Applying for temporary license etc. Hiring an attorney, appearing in court, not being able to drive, a bad police record, etc are things that you cannot convert in money and the stress and inconvenience it can cause immeasurable trauma.

DWI Austin charges are something you can do without. If you are drunk don't take a risk of driving home or wherever. You'd rather hire a driver or a cab NOW than hire an attorney LATER!

How to Hire Austin DWI Attorney? What are Austin DWI Laws

Fist things first. Getting caught under Austin DWI i.e. Driving While Intoxicated in Austin or Texas State can have life altering consequences. There are many types of legal charges when it comes to driving. But the most dangerous of them all, DWI Austin can be the worst that you can charged with.

If you are arrested under Austin DWI charges, your immediate worry should be to hire an Austin DWI Attorney. A qualified, competent and experienced Austin DWI Attorney. Preferably an Austin DWI Attorney firm. A firm consists of a team of qualified people needed at various stages of the trial. You should also make sure that you hire a firm that exclusively deals in DWI cases & trial, that too in Austin, Texas. Such a firm will have better insight into the legal procedures and workings of the court. Since these Austin DWI attorneys are dealing with the judges all the time, they are better equipped to plan their move.

According to Austin DWI Laws, DWI is a criminal offense. DWI Austin charges carry administrative penalties. According to Austin DWI Law if your breath, blood and urine tests show alcohol content of more than 0.08% then you will be arrested under Austin DWI laws. Its a class-B misdemeanor. Having alcohol or drug or any type of controlled substance in body that results into loss of normal use of mental or physical faculties is considered intoxication. Intoxication does not limit to alcohol alone.

The minimum jail time as per Austin DWI Laws in 72 hours. But if you were caught with an open container of alcohol in the vehicle that you were driving your jail time can go upt o 6 days. Apart from jail time, as per Austin DWI Laws your driving license can also be suspended for 90 days to one year. Even if the person charged with DWI Austin is not convicted, the positive results of breath, blood and urine are enough reasons for his/her driving license suspension.

Besides the above, as per Austin DWI Laws, for a person arrested under DWI charges it is mandatory to attend educational programs related to drunk driving. If he/she fails to do it within the time frame prescribed, it can result into losing driving license. A subsequent DWI conviction results in driver's license suspension for another 18 months. To get the license back after completing the suspension period, the person must pay $100. Your driver's license can also be suspended if you refuse to take the Road-Side tests suggested by officer. Apart from this your insurance cost will also go up.

How can Hiring an Austin DWI Attorney help? Well, he knows the law, he knows the rules and he knows the way out. He can challenge the way the test is performed. The machines on which the tests were done. The Austin DWI Attorney cam also challenge the qualification of the person operating these machine. He can take the blood and urine samples and get them tested in a private lab to verify the tests. Austin DWI Attorney can challenge the grounds on which police made the arrest. He can challenge the accuracy of the machine, timing of the tests and so on.

Austin DWI Attorney can help provided you hire the right person at the right time. If in the beginning without realizing the importance of the case you try to fight it yourself, there is a chance that you will complicate it and make it that much more difficult for your Attorney. So the timing is very important. Hiring the right Austin DWI Attorney means a qualified and experienced team Austin DWI Lawyers. Someone whose exclusive area of practice is DWI Austin.

You must understand that Austin DWI can result in loss of job also under some circumstances. Sometimes you are not allowed to visit other countries if you have such a police record. Your mobility is restricted anyway by your driver's License being suspended. All this coming together can be very torturous. Best is not to drive drunk. Next if you do and are caught look for a lawyer so that the outocme can be the best taht it can be.