In this day and age, some people tend to regard driving while intoxicated as ‘not a big deal,’ especially if it happens in a rural area. This type of thinking is not only incorrect, it can be dangerous and can prove incredibly costly for you and your loved ones. Part of this thinking, however, may be because specific information about Texas DWI laws is often difficult to come by unless you know exactly what to look for. Here are some tips that can help you avoid a DWI or get through one more easily.

#1. Some DWIs will be misdemeanors, but many will qualify as felonies. Many people labor under the misapprehension that a DWI is always a misdemeanor unless someone is injured or killed. This is not the case – while injuring someone or killing them will almost certainly qualify as a felony, there are other reasons that a DWI would merit the harsher charge.

For example, Texas law holds that a DWI will classify as a third degree felony if someone has previously been convicted of a similar offense in another state. If you are charged with DWI while you have a child passenger in your car, it constitutes a state jail felony. These will happen regardless of other factors like how fast you might have been going.

#2. You will almost certainly have your license suspended. Texas law mandates the suspension of your license after a DWI conviction, though judges and juries are permitted to recommend that your license not be suspended. Generally, if your blood alcohol content (BAC) registers as over .08, or if you refuse to take the test, a suspension will result. You can appeal, but you may not win. If you are convicted in court, a suspension is automatic under Texas law.

#3. For a first offense, community service is an option, but it can come with many different caveats. Normally, a DWI carries a penalty of fines and at least three days in jail (or more, if you had an open container in your vehicle). However, judges and juries are able to sentence you to community service instead. Community service will keep you out of jail, but it will require you to jump through several hoops in order to remain there. For example, you may be made to be evaluated by an addiction counselor, to see if you require more help, or you may be required to allow an ignition interlock device to be put on your car for a certain period of time.

#4. Your car insurance rates will almost certainly rise, or you may even be dropped from your policy. Insurance companies are in the business of making money, and it can be cost prohibitive to insure someone who drives while intoxicated. If you are convicted of DWI, especially if it happens more than once, you stand a good chance of being dropped by your insurance company.

#5. A DWI stays on your record for as long as seven years, and may stay longer. In Texas, employers are allowed to conduct background checks dating back up to seven years, and if you are applying for a job making more than $75,000, they may look even further back. A DWI can be the difference between hiring and being passed over.

An Austin Criminal Defense Lawyer Can Help

Even knowing what to expect in a DWI proceeding cannot make the process much easier or less frightening. A knowledgeable Austin DWI attorney is your best bet, and the skilled Austin DWI lawyers at The Law Office Of Robert L. Buford are happy to talk with you about your case. Contact us today.

Smartphone apps perform all sorts of useful functions in our daily lives. One use you may not have considered is helping avoid a driving while intoxicated charge. A recent report highlighted a number of smartphone apps available now or under development that help users determine if they are at risk of driving drunk. Some of these apps have actually been developed by state governments in an effort to prevent DWIs before they can even happen.

Maryland Releases ENDUI

Last October, Maryland’s Motor Vehicle Administration released an app for both Android and iOS-based smartphones called ENDUI. The app is designed to help drivers get home safely if they have been out drinking. According to the Maryland State Police, the ENDUI app allows users to create a “designated driver list” of family and friends “who can be contacted quickly in the event that someone has had too much to drink”; a locator function to find the nearest taxi or public transit service; and a tool to estimate a person’s blood-alcohol content.
It should be noted many apps provide information on estimating a person’s blood-alcohol level. It is important note there are many variables to consider when determining your individual blood-alcohol level, including the type of drinks you consume and how much you weigh. In other words, you cannot rely on general information from an app as a legal defense should you be arrested for DWI.

Portable Breathalyzers

Other smartphone apps provide more than just information on general intoxication levels or how to hail a cab. They help assess just how much you have had to drink. A company called Breathometer produces devices that can be used in conjunction with your Android or iOS phone to test your blood-alcohol level. Breathometer currently offers two portable breathalyzers, one that plugs into your phone’s headphone jack, while another model communicates with your phone via Bluetooth.
A competing firm, Alcohoot, sells what it claims is “world’s first law enforcement grade smartphone breathalyzer.” Like the Breathometer, Alcohoot’s device plugs into your smartphone’s headphone jack. The developers say their accompanying “data analytics” app can “use algorithms to provide recommendations based on your drinking trends.”

Need Help Fighting a DWI Charge?

These apps may prove to be useful tools in helping to avoid a drunk driving arrest. But if you still find yourself charged with driving while intoxicated, do not rely on a smartphone app. Call a qualified Austin DWI lawyer. The lawyers at The Law Office Of Robert L. Buford can assist you in this and many other areas of criminal defense.

Driving while intoxicated means operating a motor vehicle with a blood-alcohol level above a specified legal limit. In Texas, that limit is .08 percent. This is actually the limit nationwide as the result of a 2000 federal law which threatened to withhold highway funds from states if they did not adopt the .08 limit. Previously, most states had a higher limit of .10 percent.

Of course, some regulators believe even .08 did not go far enough. In 2013, the National Transportation Safety Board recommended states lower their blood-alcohol limit to .05. The NTSB claimed “scientific evidence shows that impairment begins with the first drink, and any alcohol consumption associated with driving reduces safety.” The NTSB also cited the examples of Europe and Australia, where it associated a .05 limit with a reduction in fatal car accidents in those jurisdictions.

Will Texas Adopt a .05 Limit?

As of this writing, no state, including Texas, has taken the NTSB’s advice and reduced the DWI limit from .08 to .05 percent. Indeed, many anti-drunk driving advocates have questioned the wisdom of the NTSB’s recommendation. Candace Lightner, the founder of Mothers Against Drunk Driving (MADD), told U.S. News & World Report a .05 limit was not a “practical long-term solution” because it “won’t be enforced and will be a waste of time.” Lightner noted local prosecutors would be reluctant to prosecute DWI violators at .05 because most drivers at that limit would pass a field sobriety test.

Similarly, Justin Peters of Slate suggested it might be more cost-effective to focus on providing incentives for drivers to call a taxi after drinking rather than creating more DWI offenders. “[I]t wouldn’t take much to convince towns and cities to excuse parking tickets for drunk people who take cabs home,” Peters cited as just one example. He noted Washington, D.C., had a successful free cab ride program which may have contributed to the area’s low DWI fatality rate.

Do Not Fight a DWI Charge On Your Own

It is important to understand even at .08 percent, you may be legally intoxicated without realizing it. For instance, a woman weighing 120 pounds can exceed the .08 limit if she has three beers over the course of one hour. If Texas ever chose to adopt the stricter .05 limit, then a single beer would likely render the same woman a drunk driver.

If you or a family member is facing a drunk driving charge, it is imperative you seek legal advice from an experienced Austin DWI lawyer. Do not attempt to fight such charges on your own. Contact the lawyers at The Law Office Of Robert L. Buford today if you need to speak with someone right away.

When someone is charged with DWI/DUI and they are going through a custody battle, a major concern is whether a DWI conviction will impact their ability to keep their children. This is a legitimate concern since a DWI conviction can impact a court’s assessment of your ability to care for your children. A DUI conviction can affect everything from visitation rights to whether one parent is granted sole custody of the children. That is why it is imperative that you contact a Austin DWI Lawyer as quickly as possible.

The Timing of the DWI/DUI Charge is Important

If you were charged with a DWI/DUI recently, it will be a major red flag for a family court judge in considering who gets custody of your children. In Texas, if you are convicted of a DUI, even for a first offense, you could be looking at a jail sentence between 3 days to 180 days. If you have prior DUI convictions on your record, the jail sentence will likely be even longer. If you are in the midst of a custody battle and you wind up in jail for a DUI, a judge will be forced to take the conviction into consideration in deciding whether to even award visitation rights to you.

A major factor in custody disputes is the prevailing legal standard judges apply in determining custody – the best interests of the child. A judge may determine that a parent with a recent DWI/DWI conviction on their record is an indication that the individual is irresponsible and incapable of properly caring for a minor or an inability to keep their child safe.

If your DUI conviction occurred many years ago with no other charges since then, the impact of the conviction will likely be minor.

Loss of Custody and Visitation Rights is a Real Risk

When a DUI conviction was recent, the non-DUI spouse can attempt to seek sole custody by requesting a sole managing conservatorship. The non-DUI spouses would likely argue, as mentioned above, that you cannot provide a safe or stable environment for the children due to your criminal record. Losing custody has major ramifications in the role you can play in your children’s lives. A parent with sole managing conservatorship is empowered to make all decisions on behalf of the children. They do not have to consult you on any decision. You may even be denied visitation rights on the basis that you are unable to provide safe transportation for the children.

Speak to an Experienced Austin DWI Lawyer

As you can see, a DWI/DUI conviction can have a major impact on your life and the lives of your children. That is why you need to do everything in your power to fight the charges. Just because you were charged does not mean you will automatically be found guilty. Let an experienced, aggressive Austin DWI/DUI defense lawyer advocate for you. The police officer who pulled you over may not have had sufficient probable cause to even initiate the stop. And, remember, the burden is on the state to convict you beyond a reasonable doubt. That is a very standard which must be met. Contact The Law Office Of Robert L. Buford today. We are here to help.

A 54-year-old man in Round Rock, Texas was sentenced to life in prison after his ninth DWI conviction, according to ABC News. And this may sound truly astounding – this man had 8 prior DWI convictions on his record, along with a host of other convictions for burglary, credit card abuse, providing alcohol to minors, and more.

The ninth DWI charge was the proverbial breaking point for the Texas judge who sentenced the Round Rock resident. This individual had a blood alcohol concentration of .32, four times the legal limit in Texas.

A life sentence is not uncommon in Texas for people with a disturbingly high number of DWI convictions. A 64-year-old man living in Montgomery County was sentenced to life in prison after being convicted of his 10th DWI, according to the Houston Chronicle.

These are some extreme examples of just how severe the punishment can be for multiple DWI convictions. Clearly, there were some extenuating circumstances surrounding these individuals to give the judges a basis for sentencing them to life in prison. The shockingly high number of DWI convictions is bad, but the extensive rap sheet of both individuals probably played a role in the sentence. As mentioned, the Round Rock resident was convicted of numerous other crimes and the Montgomery County resident also threatened to kill a police officer.

Multiple DWI Convictions Resulting in Ever-Escalating Punishments

If you are convicted of a second DWI, you are likely looking at a punishment including:

• Serving a jail sentence of up to one year;
• A monetary fine of up to $4,000;
• Having your driver’s license suspended for up to two years; and
• Having to pay an annual fine of up to $1,500 for three years just to maintain your driving privileges.

Along with the above-referenced punishments, you will likely see a dramatic spike in your auto insurance premiums, or you may even be denied auto insurance and forced to pay into a “high risk” insurance pool along with other convicted drivers (this type of insurance is not cheap). You will also have to list your convictions on any employment application, college application, rental application, etc.

If you are convicted of a third DWI, you enter a new realm of punishment. In Texas, a third DWI conviction is a felony. This means you are probably looking at a punishment including:

• Serving at least 2 years in prison, but the sentence could be as long as 10 years;
• Paying a monetary fine of up to $10,000;
• Suspension of your driver’s license for up to two years;
• Having to pay an annual fine of up to $2,000 for three years to keep your driving privileges; and
• Having an ignition interlock system installed in your vehicle.

If you have more than three DWI convictions on your record, the punishments only get worse and will likely include a multi-year prison sentence, loss of driving privileges, and huge monetary fines.

Contact an Experienced Austin DWI Attorney Today

As you can see, a DWI conviction can have major ramifications in your life. If you or a loved one was charged with driving while intoxicated in the Austin area, let the experienced DWI defense attorneys at The Law Office Of Robert L. Buford help. All of our lawyers are Board Certified in Criminal Law by the Texas Board of Legal Specialization.

DWI charges are serious and can result in serious consequences if a conviction is secured. Once you hire a Austin DWI attorney, it is important that you maintain an open line of communication, so that you will feel part of the defense process and your attorney will have all necessary information. Help to foster this professional relationship by asking your attorney these five questions.

Should I Fight the Case?

Every case is different and there are rare instances when fighting a DWI charge is not in your best interest. Depending on the complexities of the case, the entire legal process can take months, and result in substantial legal fees. Your attorney may advise you to plead guilty and accept a fine. In this instance, your attorney can still assist you with negotiating a plea bargain with the state or advocating for lenient punishments.

At the other end of the spectrum are cases that are filled with procedural mistakes and hefty conviction consequences. In these situations, your attorney may advise that you aggressively fight the DWI charge. The cost of fighting the case can prove easier to handle than possible imprisonment, loss of driving privileges, and possible loss of employment that sometimes accompany a DWI conviction.

Can I Fight the License Suspension?

Under Texas law, your license can be suspended for up to two years following a DWI conviction. In cases of repeat convictions of failure to complete court ordered conditions, the state may even revoke your license. Your license suspension may also stem from a refusal to take an alcohol breath test at the time of arrest. When you obtained a Texas driver’s license, you agreed to take an alcohol breath or blood test upon any arrest for DWI. A refusal results in an Administrative License Suspension for a period up to 180 days.

Suspension of driving privileges can cause a major headache in your day-to-day routine, leaving you unable to get to work, go to the grocery store or even pick your kids up from school. Ask your attorney about ways to fight the suspension, or at least gain restricted privileges to drive under specific circumstances.

Are there Grounds for a Motion to Suppress?

Successful prosecution of a DWI charge requires that the state present an adequate amount of evidence to the court. Sometimes, the evidence in question was obtained illegally or in violation of your Constitutional rights. Upon reviewing the state’s evidence, your attorney can determine if there are grounds to keep one or multiple pieces of evidence out of the court record. If the motion is successful, it can ultimately lead to a not-guilty verdict or even dismissal of the charges prior to court.

Were the State’s Breath Test Rules Followed by Law Enforcement?

If you consented to a breath or blood test and the results are being used against you by the prosecution, speak with your attorney in depth about the events of the arrest and what was told to you during the process. Ask your attorney to review your version of events and the results of the breath or blood test to determine if all required rules and guidelines were followed by law enforcement agents. For example, your attorney may question whether the testing machine was properly calibrated or whether your consumption of food prior to the test may have influenced the results. If they were not, you may have grounds to suppress the test results.

Could my Health Issues Have Contributed to the Signs of Intoxication?

If you are a person with significant medical problems, be sure to tell your attorney about them. Allergies, physical conditions, and lack of sleep can all mistakenly present as indicators of intoxication. In addition, certain medications may lead to an inaccurate breath test result. Keep your attorney well informed, so he or she can properly advocate for you.

If you are facing DWI charges, secure an attorney who will give you an honest and accurate consultation about the merits of your case. Call The Law Office Of Robert L. Buford at (512) 476-4444. Our Austin DWI attorneys are ready and able to answer your questions without judgment. Contact the office today for a professional consultation.

The consequences of a DWI can prove significant and life-changing, but a conviction does not automatically subject you to the loss of your vehicle. However, there are several situations which may ultimately result in your losing ownership of your car, including repeat DWI convictions and the presence of any evidence in the car. Even if you maintain ownership of your vehicle, your conviction may result in the denial of your ability to freely operate it as you wish. In any case, a Austin DWI attorney can help.

Held for Evidence

Pursuant to a DWI arrest, law enforcement agents may decide to hold your vehicle for evidence. This is particularly true if you were involved in an accident subsequent to the arrest. Upon examination of the accident scene and the automobile, law enforcement agents may assert that damage to the vehicle or the condition of the car is evidence to be used in any criminal prosecution stemming from the automobile accident. If this determination is made, the state may seize your car for the duration of any criminal proceedings.

Officers may also seize your vehicle in situations where contraband is found inside of the car. During a DWI arrest, law enforcement may search or inventory the contents of the car. If culpatory evidence is found inside, law enforcement may choose to seize the car in addition to whatever items were located inside of it.

Towing and Storage Fees

Another way that a DWI can lead to the loss of your automobile is a situation where your car is towed pursuant to arrest. This generally occurs when there is no sober party available to drive your car after your arrest. Law enforcement will arrange for towing of your auto to a storage lot, where it will sit until you retrieve it. However, the cost of the tow is passed on to you, along with storage fees. Additionally, each day that your car remains in storage, you are charged an additional fee. These fees can add up over time and you may find yourself in a situation where you are unable to pay them. After a set amount of time with no payment, the storage company may place a lien on the car. If you are still unable to satisfy the debt, you may lose ownership of your vehicle.

A Felony DWI

Under Texas Code of Criminal Procedure, law enforcement can seize contraband under suspicion that it was used or involved in some type of serious criminal activity. Contraband is personal, real or intangible property that was used in the commission of a first or second degree felony. The statute allows for seizure of property used in violation of the Texas DWI statute, when the offender has three convictions. Under this definition, a DWI third will subject the involved vehicle to a contraband forfeiture by law enforcement. Once law enforcement has your vehicle, they can use it or sell it for the agency’s profit.

Ignition Interlock Device

Though you may keep your car after your DWI arrest, you may still be faced with restrictions on your ability to use it. The courts may order the placement of an ignition interlocking device on your vehicle to prevent you from driving while under the influence of alcohol. You must blow into a breathalyzer before driving the car. The vehicle will not turn on if the presence of alcohol is detected.

Though vehicle loss is not an automatic part of a DWI conviction, there are several scenarios that may result in a loss of your vehicle. If you are facing DWI charges, protect your freedom and your property by contacting the Austin DWI lawyers at The Law Office Of Robert L. Buford. We possess the knowledge and experience to provide you with an aggressive defense.

Most people assume that a DWI charge requires the act of driving at the time of your encounter with law enforcement. However, within the state of Texas, it is possible to receive a DWI charge when you are not actually driving a vehicle. In fact, you may receive charges even though you were not even inside of a car. While this scenario may seem ridiculous, it is a very real possibility with very real potential consequences without the assistance of a capable Austin DWI attorney.

Deciphering the Statute

Section 10 of the Texas Penal Code makes it a crime for an intoxicated person to operate a motor vehicle in a public space. It is generally a Class B misdemeanor and requires a minimum of 72 hours confinement. Even though the statute is called “Driving While Intoxicated”, it uses the word “operate” instead of the word “drive”. The legislature did not provide a definition for the term “operate,” which has opened it up to interpretation by the courts. Various Texas courts have ruled that “operate” applies when a person exerts control over a motor vehicle. As exemplified by past cases, this definition may include incidents such as:

• An intoxicated person sitting in the driver’s seat of the vehicle, with the keys in the ignition to play music on the radio; and
• An intoxicated person who is involved in a one-vehicle accident, who is not operating the vehicle at the time of law enforcement arrival, but does have control of the vehicle keys.

In both of the scenarios, the accused is not driving the vehicle at the time of arrest, but there may be probable cause to support an argument for “operation” of a motor vehicle.

Defending the Charge

When establishing a case for operation of a vehicle, the state may rely on a number of factors, including:

• Your physical proximity to the vehicle may show that you were not driving it at the time of arrest, but you had driven it recently;
• Eyewitness statements that you previously operated the vehicle; An admission of guilt; and
• Physical evidence of your having recently operated the vehicle.

When defending your case, an experienced attorney may employ a variety of tactics, based on the fact that you were not driving when the DWI arrest was made. He may attack the credibility of any eyewitness, or work to have your confession suppressed, along with any additional evidence that may have been obtained illegally.

What if the State Meets the “Operation” Requirement?

Even if the state proves that your actions fell within the parameters of “operating” a motor vehicle, prosecutors must still prove that you were intoxicated during the time of operation. This is where your proximity to the car comes into play, along with the time between any related incident and your arrest by law enforcement officials. The possibility of receiving a DWI charge for an incident where you were not actually driving is very possible. However, an experienced attorney can assist you with a successful defense. Contact the aggressive Austin DWI attorneys at The Law Office Of Robert L. Buford. We will advocate for a fair outcome, while working to protect your rights along the way.

The repercussions of a DWI conviction can be extensive. Not only are you at risk of losing your driving privileges and even your freedom through a mandatory minimum jail sentence, but the financial hit can be quite large. Why? Because if you have a DWI on your record, insurance companies categorize you as a “high risk” driver and your insurance rates may rise sharply.

How Steep Will the Premium Hike Be After a DWI?

It’s a good question and depends on a variety of factors. The car insurance company you are with and how they choose to enforce the terms of your policy will play a major role. For example, some auto insurance companies review a DWI conviction on a case-by case basis factoring in your driving history, age, length of time you’ve been with the insurance company, and so forth. Other companies have much stricter policies applying to all drivers convicted of a DWI. They may have a mandatory minimum premium increase based on a percentage of your current premium or they could even make the decision to drop your coverage.

How Does Being Classified as “High-Risk” Affect Car Insurance

If your auto insurance policy is canceled or moved, you will probably end up in a high-risk pool of drivers. Many states are required, under law, to offer insurance to these high-risk pools. In the Lone Star State, there is the Texas Automobile Insurance Plan Association (TAIPA). This was created to help secure auto insurance for high-risk drivers who could not find coverage on the voluntary market, according to the Heartland Institute. You can get an auto insurance policy through TAIPA if at least two insurers have refused to offer you insurance coverage because of your high-risk status. This is certainly beneficial to DWI drivers, especially those that already have a poor driving record, because they will at least have an option for car insurance. However, the premium is not going to be cheap. In fact, it’s quite costly for just the legal minimum amount of liability coverage.

Mitigating the Damage of a DWI Conviction

Despite the possibility of a major premium increase, a DWI conviction does not necessarily mean you will be forever marked as a “high-risk driver.” In fact, there are proactive steps you can take to try and mitigate the damage of a DWI conviction. One step is taking a driver improvement course. Some courses are offered online, while others require in-class participation. When you complete the course, you usually get a certificate that you can send to insurance companies as proof that you’re working to change your ways and improve your driving judgment. Another step is to ensure, if you are a first-time DWI offender, to never get a second DWI. The premium increase may be high for a DWI offense, but drivers with multiple DWIs are much more likely to be deemed “high-risk” and may lose their auto insurance coverage. Finally, if you’re facing a DWI charge, hire an experienced Austin criminal lawyer to advocate for your rights.

Contact an Experienced Austin DWI Defense Attorney

DWI charges can be challenged in court. Remember, the state has the burden of proving that you were intoxicated. Even if there is sufficient evidence, a seasoned Austin criminal lawyer can negotiate with a prosecutor to try and reduce the charge. Contact The Law Office Of Robert L. Buford today and tell us what happened.

Let’s say you had a DWI conviction years ago. Your driving record has been exemplary since the conviction. Can you get that conviction removed from your record? The answer is…maybe. Having a DWI conviction erased (which, in legal terms, is an expungement) depends on a variety of factors. In Texas, you must have either had your case dismissed without probation and not pled to any offense that arose out of the DWI arrest or you were found not guilty by a judge or jury, according to Tex. Code Crim. Proc. § 55.01. To make matters worse, if your DWI case was dismissed without probation, you still cannot get a driver’s license suspension removed from your record. If you were found not guilty, you have the ability to get your driver’s license suspension removed from your record. This is a big reason why it makes sense to hire an experienced Austin DWI defense lawyer to advocate for your rights and fight the DWI charge if you are not guilty. In Texas, even a probation deal will result in the DWI staying on your record.

Understanding the Expungement Process

There are procedural requirements that must be followed under Tex. Code Crim. Proc. § 55.02. According to the criminal code, if you are acquitted of the charges, the court must enter an order for expunction for every individual who requests an expunction within 30 days of the acquittal. Again, this is why you should strongly consider speaking to an experienced Austin DWI lawyer. An acquittal can help restore your record to pre-charge status.

Benefits of Having Your DWI Record Expunged

If your criminal DWI record is expunged, you will have the ability to legally deny that the DWI arrest even occurred and the existence of an order granting the expungement. In fact, post-expungement, if you are questioned under oath in a criminal proceeding about an arrest, you do not have to disclose any details of the criminal arrest. You would only be obligated to mention that the matter was expunged from your record. In addition, an expungement means that you do not need to disclose the arrest on job applications, educational applications, and applications for certain types of government benefits.

Another Option – “Sealing” Your DWI Record

Though most individuals convicted of a DWI will not be able to have their criminal record sealed under Tex. Govt. Code § 411.081, some people may be able to qualify. For example, if you or a loved one was charged with a misdemeanor DWI, the alleged offender can ask the court for an order of nondisclosure when the offense has been discharged and dismissed. However, if you or a loved one is facing felony DWI charges, you can only petition a court for an order of nondisclosure after five years from the date the offense was discharged and dismissed. Attempting to have these charges sealed makes sense because you would not be required to disclose they were the subject of a criminal proceeding on an application for employment, a school application, etc.

Speak to an Experienced DWI Defense Lawyer Today

Don’t go through the intimidating and overwhelming experience of trying to navigate the legal system on your own. Let the experienced Austin DWI lawyers at The Law Office Of Robert L. Buford help you and/or your loved ones. Call us today for a private and free case review.