• Am I going to jail?

Everyone arrested for DWI will be taken to jail at the time of arrest. However, in most cases, a person accused of Driving While Intoxicated, will not be sentenced to jail even if convicted of the crime. Each case is different and many factors are involved concerning jail time; however, for a typical first time DWI in Austin, Texas, and most Counties in Texas, going to jail is not the normal sentence if convicted.

• Can I get out on bond if I am arrested for DWI?

Yes. Each county handles bond and release procedures differently. In some counties you are more likely to need a bondsman, some counties are easier for personal bonds. In Travis County (Austin), it is common for a lawyer to arrange a personal bond for someone arrested for DWI. In other counties such as Williamson (Georgetown) or Bastrop it is more common, and more efficient to use a bondsman. Call us to get out of jail

• What if I think I am not guilty?

Each person arrested for DWI has an absolute right to a trial. Many people arrested for DWI dispute the allegation. Consult your attorney or call us for an appointment.

• What will my punishment be if I am guilty?

Each case is different and there is no practical way to give that information in this web page. However, for most first time routine DWI's, probation is common. A first time DWI is punishable up to 180 days in jail and a $2,000.00 fine. Probation is available for most people. You should also know that starting September 1, 2003, if you are convicted of DWI, you must pay DPS $1000.00 per year for three years to keep your drivers license. The fee increases to $2000.00 if a breath test is .16 or higher. You should call us or consult your lawyer for more information.

• This is my second DWI!!

A second DWI is extremely different than a first DWI in many ways. The range of punishment changes dramatically as well as the policies of the prosecutors offices. Many Judges and Prosecutors insist on some jail time for this offense. By Law a person must serve some jail time if convicted. There are also more severe and harsh ramifications for your driver's license. Please consult your lawyer or call us for an appointment for specific information.

• Will I lose my Drivers license?

In Texas, the Department of Public Safety will suspend a driver's license based upon the arrest, unless you request a hearing and prevail at that hearing. You have a right to contest the suspension at a hearing as long as you make a timely request as provided by law. The suspension is for a period of 90 days for a breath test failure or 180 for refusing to give a breath/blood specimen. In many cases a person may qualify for an occupational license in order to drive to and from work. The area of license suspension is complicated and you should consult an attorney or call us for an appointment.

• What is an Occupational license?

An Occupational license is designed to allow a person to drive during certain times of the day even though his or her license has been suspended for some reason. It is generally for work related driving, ie.. to get to work and to get home. An Occupational license is not a right, it is discretionary. It is granted by a Judge in the County where you live or in the County where your suspension (event) occurred. Occupational license(s) are a generally available for persons whose license was suspended as a result of a DWI. Contact us for more information.

• If my driver's license is suspended how do I get it back?

You must go to the Department of Public Safety and get your license re-instated. There is a re-instatement fee that must be paid at DPS.

• I am under 21, will I be treated differently?

Yes, a person under 21 arrested for DWI will be treated differently under the law. Most of the differences are in the area of your license. Driver's license restrictions and suspensions are more severe for a person under 21 arrested and convicted of DWI. It is basically a zero tolerance area of the law.

• Can a lawyer really make a difference?

Absolutely yes! There are many lawyers and not all of them may be best for your case. Many factors should be considered when hiring a lawyer, such as, experience, the number of trials he/she has had, were they a prosecutor before, did they receive some other exceptional experience, etc... For example, I (Tom O'Leary) worked as a prosecutor in Austin before becoming a defense lawyer. The experience gained as a result of working against the best lawyers in the city on a daily basis is phenomenal. It would be hard to duplicate that experience. Please call me for an appointment.

If you have any questions about the information on this page, please contact us or call us at 512-441-9941.