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Austin DWI Attorney – Austin DWI Lawyer – Austin DWI Defense
You have gone to a bar in downtown Austin or you have had a few drinks with friends and family at a party. Now, you are driving home when suddenly the red and blue strobe lights of an Austin Police Department DWI Task Force patrol car light up your review mirror.
You pull over and think quickly to yourself. What did I do? Did I swerve? Did I fail to signal my intent to change a lane? Was I speeding? Then the feeling of overwhelming dread consumes you. You drank alcohol before driving.
At this point, no matter what you do, you are likely to be arrested for DWI. The smell of alcohol on your breath and red and watery eyes are often sufficient enough justification for the Austin Police Department to make arrest.
The way you handle this situation can change your future. First and foremost, it is important to note that you do not have to do field sobriety tests (FSTs)! If an officer asks you to do FSTs, you should politely decline. Second, you are not required to answer any of the officer's questions. Remember, the Austin Police Department video tapes everything. Everything you say or do can and will be used against you in court.
The best advice I can give in this situation is: do as little as possible. Answer as few questions as possible and no matter what, do not do the FSTs. At this point, the officer may or may not ask you to give him a road side breath test. Again, this test - in Texas - is completely voluntary. You do not have to do the test.Now based upon what the officer observed driving, what the officer observed physically, and what the officer observed with your limited are all he or she has to go on to make the decision to arrest that he or she probably already made the second he or she smelled alcohol.
The next question you have to ask yourself is "do I submit to a chemical test?". The officer is likely to offer you a breath or blood test. If it is a "no refusal" weekend in Austin and you deny the officer permission to take your breath or blood then he or she is likely to go before a magistrate to get a warrant to draw your blood. "No refusal" weekends and "no refusal" days in Austin and elsewhere in Texas are becoming increasingly more common. If you consent to a breath or blood test, the officer is then automatically going to have evidence that can be used against you. Why not let the officer go through the trouble of finding a magistrate to sign his or her search warrant for your blood and then have your blood taken at the jail rather than voluntarily give him or her any evidence? If there is a deficiency with the warrant, you can exclude the blood test. Moreover, the mere act of waiting for a magistrate to review and sign a blood warrant buys you valuable time.
Realistically, most folks don't remember what to do when they are faced with this situation late in the evening when they are pulled over by the Austin Police. People tend to let nerves and adrenaline take over and they answer the officer's questions and perform the FSTs. Either way, once the cuffs have clicked, your legal troubles have begun.
At this point, it is imperative that you get an Austin DWI Attorney, who has the scientific knowledge, negotiating skills, and valuable DWI trial experience to represent you in either the Travis County Court, if it is a first or second DWI, or the Travis County District Court, if it is a third or more DWI. In short, you need, the Law Offices of Trumpler & Troberman.
When choosing an attorney to represent you, it is imperative that he or she has trial experience before a jury. In the last five years, Jason Trumpler has personally tried close to 100 DUI / DWI jury trials. In addition, Mr. Trumpler has handled other complex criminal matters.
Jason Trumpler graduated in December of 1999 from the University of Texas School of Law. After graduation, Mr. Trumpler worked for the Ventura County, California, District Attorney's Office as a Deputy District Attorney. During his tenure with the Ventura County District Attorney's Office Mr. Trumpler was known for creatively and successfully trying difficult DUI cases. Mr. Trumpler briefly entered the civil arena from 2001 until 2002 before returning to criminal law as a Deputy District Attorney in Orange County, California. During his career as a prosecutor in Orange County, Mr. Trumpler tried over 30 jury trials. Mr. Trumpler also trained law enforcement officers throughout Orange County in investigative techniques, DWI / DUI enforcement, and report writing. While with the Orange County District Attorney's Office, Mr. Trumpler tried a number of cases with renowned DUI Defense Attorney Myles L. Berman. Mr. Trumpler was recruited by Mr. Berman to run his Orange County Office, which Mr. Trumpler did for over two years.
Remember, the easiest way to avoid a DWI arrest is not to have any amount to drink and drive in the first place.
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Also, if You Have Been Arrested for DWI, You Must Contact DPS Within 15 Days to Schedule an ALR Hearing.
