Austin DWI Defense Attorney

A DWI charge can turn your world upside down in an instant. Your future, your freedom, and your reputation are suddenly at stake. You’re scared and uncertain about your future, and you have a million questions racing through your mind.

No matter how serious the charges or strength of evidence against you, you have rights. Austin DWI defense attorney Lance Kennedy understands the gravity of your situation and the stress and anxiety you’re feeling. He can assert your rights and protect them throughout the process. He can also provide invaluable counsel and advocacy to improve your odds of getting the best results possible.

Lance Kennedy has successfully defended many clients against DWI charges in Austin. He knows the law, the local court system, and the strategies that work. More importantly, he knows what you’re going through and is ready to stand by your side every step of the way.

Don’t let a single mistake define your future. Contact Lance Kennedy Law today for a free, confidential consultation. Let’s talk about your case and explore your options. You’re innocent until proven guilty. The right attorney can help you fight these charges effectively so you can move forward with your life.

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Understanding Texas DWI Laws

Texas takes a hard stance on driving while intoxicated (DWI), and the laws involving impaired driving can be complex and unforgiving. In Austin, authorities can charge you with DWI if:

• Your blood alcohol concentration (BAC) is 0.08% or higher
• You’re under the influence of drugs (legal or illegal)
• You’ve lost the normal use of your mental or physical faculties due to alcohol or drugs

You can face charges for DWI even if your BAC is below 0.08% if officers believe you’re too impaired to drive.

Keep in mind that you can also face DWI charges in Texas even if you’re not actually driving. Simply being in “actual physical control” of a vehicle while intoxicated can lead to an arrest. This means you could face charges for sitting in the driver’s seat with the keys in the ignition, even if the car isn’t moving.

Lance Kennedy can help you navigate these complex laws and build a strong defense strategy tailored to your specific situation.

Impact of a DWI Charge in Austin

A DWI charge can have far-reaching consequences that extend well beyond the legal system. Your life, reputation, and career could all be affected. Here’s what you might face:

• Personal Life: A DWI charge can strain relationships with family and friends. The stress and stigma associated with the charge can lead to emotional distress and social isolation.
• Reputation: In our interconnected world, news travels fast. A DWI charge can damage your reputation in your community, potentially affecting personal and professional relationships.
• Career: Many employers conduct background checks. A DWI on your record could make it harder to find employment, especially in fields that involve driving or require a clean record.
• Education: If you’re a student, a DWI could jeopardize scholarships, financial aid, or even your enrollment status.
• Financial Impact: Between fines, court costs, increased insurance premiums, and potential job loss, the financial burden of a DWI can be significant.
• Future Opportunities: A DWI conviction can limit future opportunities, from housing options to travel restrictions.

Lance Kennedy understands these potential impacts and will work diligently to minimize the effects of a DWI charge on your life.

How a DWI Charge Can Affect Your Driving Privileges in Austin

One of the most immediate and disruptive consequences of a DWI charge is the potential loss of your driving privileges. Here’s what you need to know:

• Administrative License Revocation (ALR): The state can suspend your license even before it convicts you. If you refuse a breath or blood test, or if your BAC is over the legal limit, the Department of Public Safety can suspend your license administratively.
• Occupational License: If the state suspends your license, you may qualify for an occupational license that allows you to drive to work, school, or perform essential household duties.
• Ignition Interlock Device: In some cases, you may need to install an ignition interlock device in your vehicle, which requires you to pass a breath test before starting your car.
• Long-term Consequences: Multiple DWI convictions can lead to longer suspensions or even permanent revocation of your license.

Lance Kennedy can help you navigate the ALR process and fight to keep your driving privileges intact.

Penalties for a DWI Conviction in Austin

The penalties for a DWI conviction in Austin can be severe and life-altering. They vary based on factors such as your BAC level, whether it’s your first offense, and if there were any aggravating circumstances. Here’s a general overview:

First Offense

• Up to 180 days in jail
• Fines up to $2,000
• License suspension for up to 1 year

Second Offense

• Up to 1 year in jail
• Fines up to $4,000
• License suspension up to 2 years

Third Offense

• 2 to 10 years in prison
• Fines up to $10,000
• License suspension up to 2 years

Additional penalties may include an annual surcharge up to $2,000 for 3 years to keep your license as well as having to install an ignition interlock device on your vehicle. Other consequences could include community service, mandatory alcohol education classes, and probation. Lance Kennedy will fight to minimize these penalties and explore alternatives to harsh sentencing.

What to Expect During and After a DWI Stop in Austin

You need a lawyer who understands the DWI process so you know what to expect. Our lawyers can also explain your rights and options. Here’s a general overview:

• The Stop: An officer must have reasonable suspicion to pull you over. This could be for a traffic violation or erratic driving.
• Initial Interaction: The officer will observe your behavior, speech, and any signs of impairment.
• Field Sobriety Tests: You may be asked to perform field sobriety tests. Remember, you have the right to refuse these tests.
• Breath or Blood Test: If arrested, you’ll be asked to take a breath or blood test. Refusing can lead to automatic license suspension.
• Booking: If arrested, you’ll be taken to jail for booking and processing.
• Release: You may be released on bail or your own recognizance.
• Court Appearances: You’ll have several court appearances, including an arraignment and pre-trial hearings.
• Trial: If your case goes to trial, a judge or jury will decide your fate.

Lance Kennedy will guide you through each step of this process and protect your rights at every turn.

Building Your Defense with a DWI Defense Attorney in Austin

A strong defense strategy is essential to fight DWI charges. Lance Kennedy will meticulously examine every aspect of your case to build the most effective defense possible. Here are some key areas he’ll focus on:

The Initial Stop

Was the traffic stop legal? Did the officer have reasonable suspicion to pull you over? If not, Lance could move to suppress any evidence gathered during the stop so that it’s not admissible in court.

Field Sobriety Assessments

Field sobriety tests are notoriously subjective and often inaccurate. Lance will scrutinize how officers administered and interpreted these tests.

Analyzing Chemical Tests

Breath and blood tests are not infallible. Lance will investigate if authorities properly calibrated and maintained the equipment and administered the test correctly.

Video Evidence Review

If the evidence is available, Lance will carefully review any dash cam or body cam footage to look for inconsistencies in the officer’s testimony or conduct.

Other Possible Defense Options for DWI Charges

Depending on your case, Lance might explore defenses such as:

• Rising BAC defense (your BAC was below the legal limit while driving but rose afterward)
• Medical conditions that could affect test results
• Improper police procedures
• Challenging the accuracy of field sobriety tests
• Arguing that observed symptoms were due to fatigue, stress, or a medical condition rather than intoxication

What to Do If Police Arrest You for DWI in Austin

If police arrest you under suspicion of DWI in Austin, here’s what you need to do:

• Stay Calm: Remain polite and respectful. Cooperate with basic commands, but don’t volunteer information or consent to searches without a warrant.
• Exercise Your Right to Remain Silent: Politely inform the officer that you’re exercising your right to remain silent and that you want to speak with an attorney.
• Don’t Resist Arrest: Even if you believe the arrest is unjust, don’t physically resist. It will only make your situation worse.
• Remember Details: Remember as much as you can about the stop and arrest and write it down immediately. This information could be crucial for your defense.
• Preserve evidence: If you have any receipts, witnesses, or other evidence that could support your case, make sure to preserve it and inform your attorney.
• Contact an Attorney: As soon as possible, contact Lance Kennedy Law. The sooner you have legal representation, the better.
• Don’t Discuss Your Case: Avoid discussing your case with anyone other than your attorney. Anything you say could potentially be used against you.
• Attend all court dates: Missing a court appearance can result in additional charges and complicate your case.

Just because the police arrested you for DWI doesn’t mean the court will convict you. By taking the right steps and working with an experienced DWI defense attorney like Lance Kennedy, you can fight the charges and work towards the best possible outcome.

Why Choose Lance Kennedy Law to Defend You Against DWI Charges

When facing DWI charges in Austin, you need an attorney who understands both sides of the courtroom. Lance Kennedy brings a unique perspective to your defense.

As a former prosecutor, he knows how the other side thinks and operates. He’s successfully tried numerous DWI cases in court, giving him invaluable insight into effective defense strategies.

Lance doesn’t just know the law—he knows how to apply it to your benefit. He’ll leverage his experience and knowledge to scrutinize every aspect of your case, from the initial stop to the chemical tests. His goal is not just to defend you, but to achieve the best possible outcome for your situation.

When you work with Lance, you’re not just a case number. He understands the stress and uncertainty you’re facing, and he’s committed to guiding you through this challenging time with compassion and dedication. He’ll keep you informed at every step, explain your options clearly, and work tenaciously to protect your rights and future.

Frequently Asked Questions About Austin DWI Charges