Driving While Intoxicated is a serious case. If you ever find yourself being charged with DWI, the first thing you need to do is contact an experienced DWI attorney in Austin TX. Here are some common questions and answers for defendants facing a DWI charge.
The process will vary per jurisdiction, but in many situations, your vehicle will be impounded after the officer confirmed that you were driving while intoxicated. You will be taken into custody and booked where you will be given a option to post a bail. Usually, your driving license would be temporarily suspended until a ruling is made.
Here’s the so-called Second Chance Law where your DWI record will be hidden from employers, banks, apartments, and more. However, this will only apply to first-time violators. The record will be nondisclosed but it will not be forgotten. It can still be used by law enforcers if ever another case arises on your account
After you’ve been convicted for DWI, you can only petition the court for nondisclosure after 2 years given that you follow the rules of your probation and you used an interlock ignition device. If you don’t use an interlock ignition device, you’ll have to wait for 5 years before you can petition for nondisclosure. You can ask the Law Offices of Robert R. Kiesling, a DWI attorney Austin TX for help with this request.
Penalties will depend on various factors like severity of the offense, state laws, and prior DWI convictions. It can be a fine, revocation or suspension of license, counseling program, or worse, jail time. The alcohol or drug counseling will be an out-of-pocket charge on your end. You might also acquire points on your driving record.
The revocation or suspension of a driving license, again, depends on state laws and severity of the DWI offense. First-time offenders are unlikely to lose their license forever. However, if you have multiple DWI convictions, you stand the chance of being banned from driving for good.
A DWI charge can either be a misdemeanor or a felony charge depending on circumstances and state laws. It would qualify as a mere misdemeanor if your BAC isn’t far from the legal limit, you don’t have prior convictions, and no one was seriously injured or killed.
Most DWI cases stay on the record for life. However, if you’re afraid it will affect your employability and other perks, you can petition for a court DWI nondisclosure. This will seal your records from employers, landlords, and other agencies. However, this isn’t an expunction. The court will not erase or forget that you have such a conviction.
A DWI case can involve a labored process of dealing with legalities and potential penalties. With the help of a top DWI attorney Austin TX, you will have somebody to represent you in court. Contact the Law Offices of Robert R. Kiesling for a consultation.