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 Buford & Gonzalez 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.