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   Tom O'Leary, Attorney at Law

   1717 W. 6th Street, Suite 258

   Austin, TX, 78703

 

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Tom O'Leary

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Quick Facts about your Driver License After Arrest for DWI

  • Your driver license was probably taken by the arresting officer.  Even though your license was confiscated, you can drive for 40 days from the date of arrest.  You should have been issued a "Temporary Driver Permit" from the arresting officer.  That document serves as your driver license.

  • DPS will move to suspend your license for 90 days if you gave a breath or blood specimen, or 180 days if you refused to give a breath or blood specimen.

  • You have a right to have a hearing to determine whether DPS should can suspend your license.

  • If your license is suspended, you can request an occupational license. Only a judge can grant the occupational license.

  • I handle these issues every week.  In many cases, I can keep your driver license from being suspended.  If it is suspended, in most cases, I can get you an occupational license.

Quick Facts about the DWI Case

  • A DWI is a class "B" Misdemeanor and is punishable up to 180 days in jail and a $2,000.00 fine. (don't panic, see below)

  • Even though the law allows punishment up to 180 days in jail...that is not likely to occur.  Nor is it likely that you will receive a fine of $2,000.00.

  • Can you avoid a conviction.... many times yes, many times no.  each case will depend on the facts.

  • There is no Deferred Adjudication for DWI.  You are either convicted or it is dismissed.

  • Many times DWI cases are dismissed in return for a reduced charged such as reckless driving.

  • If you are found guilty, the most likely scenario is probation for 1 year up to 2 years (also called community supervision)

  • If you are found guilty, you will likely have a fine of 300 to 600 dollars and 60 to 80 hours of community service work.

  • If you are found guilty, DPS will impose a civil penalty of $1,000.00 per year for three years.

  • I handle these cases every week.  I have 15 years of experience both as a prosecutor and defense lawyer.  You will be well represented at my office.

Quick Facts about selecting your Lawyer

  • We do not represent hundreds of people at the same time.  No lawyer can do a competent job with hundreds of clients.  If your lawyer wants to take your photo to remember who you are, that is a bad sign.

  • We do not mail out flyers and advertisements to every person arrested.  Many of our referrals are from other lawyers.

  • Bright flashy websites that talk a lot about fighting for your rights is all bark and no bite...every lawyer works to preserve your rights.

  • I handle these cases every week.  I have 17 years of experience both as a prosecutor and defense lawyer, handling hundreds of cases with successful results. 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


1717 W. 6th Street, Suite258 | Austin, TX 78703 | 512.441.9941| info@tomoleary.com

Site last updated: 04/14/2006

Tom O'Leary, Attorney at Law