Are you an Austin resident facing a DWI charge? A police officer does not require a warrant for DWI arrests. They should always establish probable cause and reasonable suspicion. After being arrested for the first DWI charge, contact an attorney that focuses on DWI charges. A Trey Porter Law attorney will challenge the state’s evidence and get you acquitted.
The first DWI charge is a misdemeanor offense, punishable by one year or less jail time. However, it is a felony if a child passenger was present or a serious bodily injury occurred. The blood alcohol concentration will determine if the defendant will face prosecution as a class A or B misdemeanor. According to the situation, a first-time DWI charge can result in a jail term or probation. The strength and experience of the defense attorney will determine the likelihood of a jail term. To be charged with a DWI offense, the prosecutor should prove the following things:
- BAC level is above 0.08.
- The vehicle was operating.
- You were under drugs or alcohol influence.
The police should conduct a BAC test immediately after stopping the vehicle. If a blood sample is required for further testing, it is collected within three hours after the arrest.
Indicators of impairment.
- Alcohol odor.
- Perform poorly in sobriety tests.
- Slurred speech.
- Unsteady gait.
- Admittance to drinking.
- Unable to follow instructions.
- Flushed appearance.
Your driving privileges are suspended automatically if the alcohol level is above the limit.
What happens after the arrest?
You are taken to the county jail for processing. You will be required to appear before a magistrate judge. The judge will set the bond and conditions for your release. It is a frustrating, slow, and impractical process. The judge provides the defendant with the court date and other information regarding the property return. You have limited time to contest the suspension of your automatic driver’s license.
The first court date.
It is a formal and short court appearance where the judge expects the defendant to show up in court, failure to which they will face additional criminal charges. In the court session, the defendant is informed of their charges. The judge also ensures the defendant has an attorney.
Why do you need a DWI lawyer?
A DWI lawyer understands the state laws, procedures, and protocols which is essential for them to protect your rights. They are required to challenge the state’s evidence to protect the defendant’s future and freedom. A criminal charge will impact your freedom, future, and reputation. Results for false results include fatigue, environmental factors, medical condition, or prescription. If the breathalyzer machine is not regularly serviced, the attorney will get you out without jail time or penalty.
Conclusion.
DWI is an offense that will lead to your arrest. Hiring a DWI attorney will challenge the state evidence on your behalf and ensure you are set free. You should know what to expect when you get arrested and what to do on the first day of court.