Tuesday, 21 April 2009
High Tech Crime Unit
The High Tech Crime Unit was created as a joint partnership between the Austin Police Department and local high tech industries on Feb. 1, 1995. The unit, which is comprised of three Austin Police Officers, was the first of its kind in Texas. The unit was patterned after a similar unit in San Jose, California. The High Tech Crime Unit was formed to take a pro-active approach in tackling high tech crimes before they become a problem in the Austin area's growing high tech industry. Currently, there are over 3,000 high tech companies in the Austin metro area employing more than 100,000 persons. Law enforcement focuses on issues such as computer component theft, computer hacking, trademark counterfeiting, theft of intellectual property, robbery and burglaries of high tech companies. Law enforcement agencies which are involved with the High Tech Crime Unit include the FBI, IRS Criminal Investigations Division, U.S. Customs Service, U.S. Secret Service, U.S. Attorney's Office, Texas Attorney General's Office Internet Bureau, Texas Department of Public Safety and the Travis County District Attorney's Office. The Austin Metro High Tech Foundation, an organization sponsored by several local high tech companies, provides financial support for materials, equipment and training to Austin area law enforcement agencies, including the APD High Tech Crime Unit.The Austin Police Department High Tech Crime Unit can be contacted by email at high.tech@ci.austin.tx.us.When contacting the High Tech Crime Unit, please keep in mind that the unit does not investigate Internet related crimes (Cyber Crimes) unless they fall into the categories mentioned below. Internet fraud, credit card abuse, identity theft and harassment can be reported to the Austin Police Department by calling 3-1-1. Internet child exploitation (solicitation of a child or child pornography) should be reported to the Child Abuse Unit at 3-1-1
Auto Theft Interdiction Project
In 1998, the Austin Police Department's Auto Theft Section received a grant from the Texas Automobile Theft Prevention Authority (ATPA). This grant was established by the Texas 72nd Legislature in June 1991 as part of a statewide effort to reduce vehicle theft. The ATPA program is an innovative approach toward preventing and reducing auto theft related offenses by directing resources at the root causes of auto theft while building a community prevention model. In an effort to advance the goals of the ATPA program, APD created the Auto Theft Interdiction Project (ATIP). State-of-the-art crime analysis, crime prevention techniques and educational strategies provide APD with a proactive auto theft program. The result is a program in which procedures have been streamlined to effectively locate, arrest, investigate and file charges against auto thieves and organized elements in auto theft crime.
In 2007, the 80th Texas Legislature passed HB 1887. Beginning September 1, 2007, the ATPA’s mission expanded to include auto burglary and theft prevention, as well as to provide programs to educate automobile owners on how to prevent auto burglary and theft. Additionally, the bill renamed the ATPA to the Automobile Burglary and Theft Prevention Authority (ABTPA).
DWI Enforcement Team
Motorists who drink and drive are involved in approximately 50% of fatal collisions and an equal percentage of serious injury collisions. After 2 a.m., it is estimated that two of every four motorists on the road are driving under the influence of alcohol. These disturbing statistics reflect a dangerous trend on our roads that the Austin Police Department is determined to reverse.
To increase enforcement of DWI laws and send a message to motorists who drink and drive, APD launched the DWI Enforcement Team in August 1998. The unit, which is under the direction of the Highway Enforcement Command, is comprised of 14 patrol officers, two corporals and two sergeants. As a dedicated DWI enforcement unit, the Enforcement Team is able to concentrate its patrol efforts on apprehending drunk drivers. Patrol officers focus on areas where DWI offenses are most likely to occur (entertainment areas featuring bars and nightclubs) during times when most drunk drivers are on the roads (evenings, weekends and holidays). In addition, members of the Enforcement Team are able to provide support to regular patrol officers during peak offense times, relieving patrol officers by handling the lengthy processing of arrests.
The working relationship between regular patrol and the Enforcement Team increases the efficiency of the Department as a whole in removing drunk drivers from our roads. First, the Enforcement Team increases the number of patrol units on the streets, making apprehension of DWI offenders more likely. At the same time, regular patrol officers who make DWI arrests are able to turn suspects over to the Enforcement Team for processing through the system, allowing them to resume patrol duties and apprehend other DWI offenders. As a result, both the numbers of Enforcement Team and regular patrol DWI arrests have increased.
Travis County Jail Release
Travis County Jail Release
You’ve heard about it in the movies: that one phone call that the person is allowed to make in jail. You never thought a DWI charge would happen to you or a loved one and now you’re wondering who you should call. That person is Ken Gibson. If you find yourself or someone you know in the Travis County Jail, Williamson County Jail or the Hays County Jail, your first call should be to Ken Gibson at (512) 469-6056. Even if it’s the middle of night, call this number and you’ll feel better the moment you hear a friendly, helpful voice telling you exactly what needs to happen next.
Why Call Ken Gibson?
While this is probably a first experience for you, Ken Gibson has handled hundreds of DWI cases. What’s scary to you is another day on the job for him, which should comfort you. And the best part is that he practices locally right in Austin and his office is only 2 blocks from the Travis County Jail and courthouse.
But it’s not just Mr. Gibson’s experience that will help you. It’s his understanding that your case is different from the last. Your case is based on specific facts that could only be relevant to your case.
Where to Begin
You’ll find that a Texas DWI is a maze of confusion. To help alleviate this fear and anxiety and to answer all of your questions, you can set up an initial consultation with Ken Gibson. This consultation will fit within your schedule and you’ll learn about the charges against you and how Ken Gibson will defend you. If you would like to schedule your initial consultation and see what DWI criminal defense attorney, Ken Gibson can do for you, please call him at 512-469-6056 or 866-469-6056.
Texas Administrative License Suspension
Texas Administrative License Suspension
If you are arrested for a DWI, you must act fast! Usually during the arresting process, the officer will give you a notice of suspension for your driver’s license. Following 15 days from the date you received that notice of suspension, you must request a hearing with the Department of Public Safety, otherwise the ALR (automatic license revocation) takes place.
Luckily when you hire the law office of Ken Gibson, we’ll take care of all this work for you. Contact us immediately after you are arrested for a DWI and we’ll act quickly to request your hiring so you have a fight chance of saving your license.
When someone is arrested for a DWI in Texas, they are actually facing two separate cases; one criminal, the other a civil proceeding known as the ALR. If you requested the ALR hearing in the proper procedure here is what will happen. If the arresting officer does not appear, the complaint is often dismissed and the license suspension is avoided. However, this is separate from the criminal court case where they will also seek to take away your license.
If the hearing does proceed the Department of Public Safety must show that there was a reasonable suspension to stop you. They must show that you were in control of the vehicle and that the arresting officer gave you the opportunity to take a breath or blood test an informed you orally and in writing the consequences of refusing and failing the test. Finally, they must show that your BAC was at or over the limit of .08% or that you refused the test altogether.
What Ken Gibson Will Do for You
This can be a confusing time between the ALR hearing and the criminal court case, but we use this to our advantage. We’ll use the testimony from the ALR hearing to help prepare for the criminal case. When we challenge every aspect of your case during the ALR hearing, we are able to better prepare for the criminal case. Even if we cannot prevent your license from being revoked, we can still often obtain an occupational driver’s license that allows you to drive to and from work.
Texas Field Sobriety Tests
Did you know that unlike the breath and blood test, you can refuse to take a field sobriety test without receiving a separate ticket? Somehow, police officers always seem to miss telling you that. Police officers are not required to tell you that you don’t have to perform these tests.
How Can You Defend My Field Sobriety Tests?
I can challenge your testing based on many things. For example, did you even need to use the car for support when you got out of the car? Did the officer ask you if you have any injuries that could prevent you from doing the testing? If you have a back, knee leg or foot injury, perform the one leg stand and walk and turn can prove to be very difficult. Do you have balancing problems such as vertigo, middle ear problems? Were you wearing 2 inch heels or higher? Are you overweight or 65 years or older? All of these reasons can prevent you from performing well on your field sobriety tests.
One Leg Stand
In order for this test to be completed properly, the officer must tell you exactly what to do and also demonstrate this act for you. The one leg stand requires you to stand with your feet together and arms at your sides and keep that position until you are told to begin. The officer must ask if you understand and you must acknowledge that you do before beginning. You will then raise one leg six inches off the ground with your foot pointed out. The test can last no more than 3 seconds.
The officer will score you on swaying while balancing, using arms for balance, hopping and if you put your foot down. If you put your foot down 3 or more times, this is a fail.
Walk and Turn
This second standardized test requires that you place your left foot on a line in the road. Your right foot should be in front with the heel touching the toe of your left foot. Keeping your arms at your sides, you will take 9 heel-to-toe steps, turn and keep your foot on the line and walk back in the same manner.
The eight scoring factors of this test are: cannot keep balance while listening to instructions, starting before instructions are finished, stopping while walking, did not touch heel-to-toe, stepped off the line, used arms for balance, improper turn and incorrect number of steps.
HGN
The horizontal gaze nystagmus test required you to follow an object with your eyes only, without turning your head. The officer will look for an involuntary jerking of the eyes.
How Can You Defend My Field Sobriety Tests?
I can challenge your testing based on many things. For example, did you even need to use the car for support when you got out of the car? Did the officer ask you if you have any injuries that could prevent you from doing the testing? If you have a back, knee leg or foot injury, perform the one leg stand and walk and turn can prove to be very difficult. Do you have balancing problems such as vertigo, middle ear problems? Were you wearing 2 inch heels or higher? Are you overweight or 65 years or older? All of these reasons can prevent you from performing well on your field sobriety tests.
One Leg Stand
In order for this test to be completed properly, the officer must tell you exactly what to do and also demonstrate this act for you. The one leg stand requires you to stand with your feet together and arms at your sides and keep that position until you are told to begin. The officer must ask if you understand and you must acknowledge that you do before beginning. You will then raise one leg six inches off the ground with your foot pointed out. The test can last no more than 3 seconds.
The officer will score you on swaying while balancing, using arms for balance, hopping and if you put your foot down. If you put your foot down 3 or more times, this is a fail.
Walk and Turn
This second standardized test requires that you place your left foot on a line in the road. Your right foot should be in front with the heel touching the toe of your left foot. Keeping your arms at your sides, you will take 9 heel-to-toe steps, turn and keep your foot on the line and walk back in the same manner.
The eight scoring factors of this test are: cannot keep balance while listening to instructions, starting before instructions are finished, stopping while walking, did not touch heel-to-toe, stepped off the line, used arms for balance, improper turn and incorrect number of steps.
HGN
The horizontal gaze nystagmus test required you to follow an object with your eyes only, without turning your head. The officer will look for an involuntary jerking of the eyes.
Texas Implied Consent
Texas Implied Consent
In Texas, there are many laws that try to prevent one from drinking and driving. With one DWI charge, many drivers don’t realize that they will be facing two separate cases. One is the obvious criminal case, but the other is a civil proceeding. The second case is known as the administrative license revocation (ALR). This is initiated by a person either failing a chemical test by going over Texas’ legal limit of .08% blood alcohol concentration level, or by refusing to take the test.
Refusing to take the test is where the Texas Implied Consent Law comes into play. This law basically states that any driver who operates a motor vehicle on Texas roadways has impliedly agreed that he or she will provide a breath or blood sample, if properly requested by a police officer if ever arrested for a DWI. By having a driver’s license in Texas, you have already agreed to the Implied Consent Law. This same law also applies to boaters or those who operate a watercraft in Texas. This means that your driver’s license can be suspended not for failing a blood or breath test, but for refusing such testing.
Texas courts have also determined that a driver does NOT have the right to speak with an attorney before deciding whether he or she will submit to a chemical test. However, if you are involved in an accident with life threatening injuries or a fatality, you can be forced to take a chemical test if arrested for a DWI.
Your Driver’s License
Texas police are now required to take away your license upon being arrested for a DWI. They will issue you a temporary driving permit that expires on the 41st day after the date of issuance. You, or your attorney, must make a timely request, for an ALR hearing with the Department of Public Safety if you’d like to possibly save your license.
Hiring a DWI Lawyer
Texas’ Implied Consent Law is just one of the many reasons you should hire an experienced DWI attorney. This law aims at taking away your driving privileges, but defense attorney Ken Gibson can help you fight for your right to drive.
Texas DWI Penalties
Texas DWI Penalties
A DWI charge in Texas is when you have a blood alcohol content (BAC) of .08% or higher, or your mental and physical abilities were affected by alcohol. Texas is known for its strict laws and tough ideals, and a DWI charge is no different! The following penalties may apply to your DWI case. Some you may already know about, others may come as a shock to you.
First Offense
You may face a fine up to $2,000. You can spend anywhere from 3 to 180 days in jail. Your driver’s license could be revoked for up to 1 year. Here’s what you may not know: you’ll pay an annual fee of $1,000 to $2,000 for 3 years just to retain your driver’s license!
Second Offense
Your fine will double up to $4,000. You can spend anywhere from 1 month to 1 year in jail. You could lose your driver’s license for up to 2 years. Plus, you’ll have an annual fee of $1,000, $1,500 or $2,000 for 3 years to retain your driver’s license!
Two Separate Cases
Your penalties will fall under two separate cases; one is criminal, the other applies to the ALR law. Under the ALR law, you will have your license suspended for 90 days if you failed the BAC (blood alcohol content) test and were a first-time offender. If you were previously suspended for failing or refusing the test, your license will be suspended for 1 year.
Probation
Many times, the judge will allow your jail sentence to be probated for 2 years. Probation is essentially a deal between you and the court. In exchange for probation, you’ll have to fulfill certain requirements such as: meeting with your probation officer once a month, not to commit any other crimes, perform community service, attend DWI classes, refrain from consuming alcohol and not leaving your county of residence unless you have received permission.
Other Penalties
While these are just some of the penalties of a DWI charge, there are many more. From increased insurance rates, to an ignition interlock system being installed in your car, there are many ways a DWI charge can affect your life. That’s why it’s imperative to contact an attorney that focuses his practice on DWIs.
Texas DWI Laws
Texas-Sized DWI Laws
Depending on the circumstances of your DWI arrest and any other prior convictions you may have, you can be charged with a misdemeanor or a felony in Texas. For a first offense, a DWI is a Class B misdemeanor. Under the Texas Penal Code, DWI is by a “person who commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”
There are two ways you can be considered DWI in Texas. The first is if you did not have normal mental or physical abilities while driving due to a controlled substance or alcohol. The second way you can be charged with a DWI is if you have a blood alcohol concentration (BAC) of .08% or higher. And whether you’re the driver or the passenger, you can be fined up to $500 for having an open alcohol container in the vehicle.
Jury Trails are available in Texas if you are charged with a DWI. For the prosecutor to win the case against you, he or she must convince all jurors that you were guilty of driving drunk beyond a reasonable doubt.
Under Texas’ Implied Consent Law, you will be punished if you refused to submit to a chemical test by police officers. Refusal to take a blood or breath test will result in having your driver’s license suspended for 180 days.
One DWI: Two Different Cases
In Texas, a DWI charge results in two separate cases; one is the criminal case, the other is ALR, a civil, administrative process. Whether you fail a chemical test or refuse a chemical test, the police will confiscate your license. You only have 15 days from the date that your suspension notice is received to request a hearing. If you do not request a hearing, your automatic license revocation goes into effect on the 40th day after your suspension notice was received.
Aggravated DWI
There are certain circumstances that make your DWI aggravated. If your passenger was under 15, this is a felony. If you were in an accident and caused serious bodily injury, this is intoxication assault. If you caused a death, this is considered intoxication manslaughter. Jail time will be imposed for all of these.
Depending on the circumstances of your DWI arrest and any other prior convictions you may have, you can be charged with a misdemeanor or a felony in Texas. For a first offense, a DWI is a Class B misdemeanor. Under the Texas Penal Code, DWI is by a “person who commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”
There are two ways you can be considered DWI in Texas. The first is if you did not have normal mental or physical abilities while driving due to a controlled substance or alcohol. The second way you can be charged with a DWI is if you have a blood alcohol concentration (BAC) of .08% or higher. And whether you’re the driver or the passenger, you can be fined up to $500 for having an open alcohol container in the vehicle.
Jury Trails are available in Texas if you are charged with a DWI. For the prosecutor to win the case against you, he or she must convince all jurors that you were guilty of driving drunk beyond a reasonable doubt.
Under Texas’ Implied Consent Law, you will be punished if you refused to submit to a chemical test by police officers. Refusal to take a blood or breath test will result in having your driver’s license suspended for 180 days.
One DWI: Two Different Cases
In Texas, a DWI charge results in two separate cases; one is the criminal case, the other is ALR, a civil, administrative process. Whether you fail a chemical test or refuse a chemical test, the police will confiscate your license. You only have 15 days from the date that your suspension notice is received to request a hearing. If you do not request a hearing, your automatic license revocation goes into effect on the 40th day after your suspension notice was received.
Aggravated DWI
There are certain circumstances that make your DWI aggravated. If your passenger was under 15, this is a felony. If you were in an accident and caused serious bodily injury, this is intoxication assault. If you caused a death, this is considered intoxication manslaughter. Jail time will be imposed for all of these.
Refusing the Texas DWI Breath Test
Since Texas does not require a lawyer to be contacted before you decide whether or not to take a breath or blood test, this can be a confusing question for many Texans. Breath tests are not always accurate so it may not be in your best interest to submit to testing.
Defending Your Breath Test Results
Did you know that there are many factors that can contribute to a breath test machine’s accuracy? For example, if you had taken cough syrup for a cold or used a breath mint, this can cause the machine to register a reading! And like any other machine ever created, there is always going to be mechanical problems. What if your machine was not working properly at the time you took the test? Police officers must also be properly trained on how to administer the breath test. If they did not give the breath test accurately, how can you be sure your results are right? All of these reasons and more are weaknesses in the breath test – and I’ll expose them if I find them.
Implied Consent
The State of Texas has a right to ask you to take a breath test because of a little law known as Implied Consent. Under this law, if you have a driver’s license in Texas, you’ve already impliedly consented to submit to a chemical test if asked properly by police.
How Does the Breath Test Work?
This is a bit of a mystery because the software program is protected under copyright laws. What we do know is that the machine is designed to detect your blood alcohol concentration and it is illegal to have a BAC of .08% or more in Texas.
Attorney Ken Gibson is well aware of how to use this breath test machine and even two of them himself. He has been trained on how to operate this machine and is quite aware of its capabilities and faults.
Defending Your Breath Test Results
Did you know that there are many factors that can contribute to a breath test machine’s accuracy? For example, if you had taken cough syrup for a cold or used a breath mint, this can cause the machine to register a reading! And like any other machine ever created, there is always going to be mechanical problems. What if your machine was not working properly at the time you took the test? Police officers must also be properly trained on how to administer the breath test. If they did not give the breath test accurately, how can you be sure your results are right? All of these reasons and more are weaknesses in the breath test – and I’ll expose them if I find them.
Implied Consent
The State of Texas has a right to ask you to take a breath test because of a little law known as Implied Consent. Under this law, if you have a driver’s license in Texas, you’ve already impliedly consented to submit to a chemical test if asked properly by police.
How Does the Breath Test Work?
This is a bit of a mystery because the software program is protected under copyright laws. What we do know is that the machine is designed to detect your blood alcohol concentration and it is illegal to have a BAC of .08% or more in Texas.
Attorney Ken Gibson is well aware of how to use this breath test machine and even two of them himself. He has been trained on how to operate this machine and is quite aware of its capabilities and faults.
Texas DWI Breath Test
Texas law enforcement employs numerous tests to help quickly identify intoxicated drivers. The Breathalyzer and machines like it require a sample of the driver’s breath. Using this, the machine can determine the driver’s Blood Alcohol Content (BAC). In Texas, driving with a BAC level of .08 or higher will yield a DWI charge. However, a qualified DWI lawyer like Ken Gibson can defend these charges with the right knowledge. Let’s study more about these breath tests and learn how they are defended.
An Array of Breath Analysis Machines
Breathalyzer is actually just one brand of breath testing device. It’s just so well known it become a name for all similar machines. Other breath analyzers include Alcosensor, AlcoMate, and Intoximeter. Police use two different types of breathalyzers. One is hand-held and used by officers on the road as a preliminary field sobriety test. They are not as accurate, but can be used as a field sobriety test to get an idea of BAC before taking them to the station for a standard breath test. The other is the breathalyzer used in police stations, which utilizes infrared spectrophotometer technology. This type of technology is generally more reliable than the hand-held fuel cell analysis.
Ok, Ok…Spare the Boring Scientific Explanations! How Do I Defend My Breath Test Results??
As with any form of analysis there are numerous chances for error. In fact, the results are entirely dependent on the ad minister’s competence and compliance with test procedure. Air temperature, subject temperature, and pre-existing conditions can alter test results. In addition, any breath analyzer must be calibrated regularly. Even if a breath test was administered correctly and the machine was working properly there may still be a 20% margin of error. This is clearly large enough to mean the difference between innocence and guilt. It may not seem like much of a difference to the prosecution, but to the individual whose life is at stake it can mean everything.
Hire a DWI Lawyer
If you have been arrested for a DWI, contact Ken Gibson. Whether you failed your breath test or refused to submit to testing, he will still find a way to defend you. Depending on the specifics of your case, Ken Gibson may be able to significantly reduce or acquit the DWI charge against you!
An Array of Breath Analysis Machines
Breathalyzer is actually just one brand of breath testing device. It’s just so well known it become a name for all similar machines. Other breath analyzers include Alcosensor, AlcoMate, and Intoximeter. Police use two different types of breathalyzers. One is hand-held and used by officers on the road as a preliminary field sobriety test. They are not as accurate, but can be used as a field sobriety test to get an idea of BAC before taking them to the station for a standard breath test. The other is the breathalyzer used in police stations, which utilizes infrared spectrophotometer technology. This type of technology is generally more reliable than the hand-held fuel cell analysis.
Ok, Ok…Spare the Boring Scientific Explanations! How Do I Defend My Breath Test Results??
As with any form of analysis there are numerous chances for error. In fact, the results are entirely dependent on the ad minister’s competence and compliance with test procedure. Air temperature, subject temperature, and pre-existing conditions can alter test results. In addition, any breath analyzer must be calibrated regularly. Even if a breath test was administered correctly and the machine was working properly there may still be a 20% margin of error. This is clearly large enough to mean the difference between innocence and guilt. It may not seem like much of a difference to the prosecution, but to the individual whose life is at stake it can mean everything.
Hire a DWI Lawyer
If you have been arrested for a DWI, contact Ken Gibson. Whether you failed your breath test or refused to submit to testing, he will still find a way to defend you. Depending on the specifics of your case, Ken Gibson may be able to significantly reduce or acquit the DWI charge against you!
DWI in Austin, Texas
A DWI Conviction Could Cost You: I've found that most people have a serious misconception about the cost of their DWI.
They believe that pleading guilty is going to save them money over the cost of hiring an attorney and fighting the charge. Better think again.
This is a table showing the costs of a DWI conviction here in Texas.
In addition, you need to seriously keep possible jail time in mind. For a first offense, you probably won't get any jail time. But if you ever get arrested and convicted for a 2nd DWI offense, you're looking at mandatory jail time of 3 to 30 days.
Not too pleasant a picture, is it?
On the other hand, if you fight and are successful in keeping a DWI conviction off your record, you can avoid these charges, plus the raise in your insurance rates.
So let me ask you quite simply . . . can you afford not to fight the charge?
Because, you see, even without attorney costs, you're still looking at up to a minimum of $5,206.14 in non-attorney costs. And you'll always have the DWI conviction on your record. And this could seriously hurt you now and in the future.
They believe that pleading guilty is going to save them money over the cost of hiring an attorney and fighting the charge. Better think again.
This is a table showing the costs of a DWI conviction here in Texas.
- Cost to Tow Your Car $150.00
- Average Fine $500
- Community Service Hours (at Min. wage) $309
- Probation Fees $1,488.00
- License Reinstatement Fee $125
- Add These Probable Additional Costs
- Alcohol Education Classes $135
- Auto Insurance Increase Varies *
- Minimum DWI Surcharge: $3,000
In addition, you need to seriously keep possible jail time in mind. For a first offense, you probably won't get any jail time. But if you ever get arrested and convicted for a 2nd DWI offense, you're looking at mandatory jail time of 3 to 30 days.
Not too pleasant a picture, is it?
On the other hand, if you fight and are successful in keeping a DWI conviction off your record, you can avoid these charges, plus the raise in your insurance rates.
So let me ask you quite simply . . . can you afford not to fight the charge?
Because, you see, even without attorney costs, you're still looking at up to a minimum of $5,206.14 in non-attorney costs. And you'll always have the DWI conviction on your record. And this could seriously hurt you now and in the future.
* does not include the gouging you will get from your insurance company when it is time to renew your policy, and that is if they don’t cancel your policy all together.
* The DWI Surcharge could be as high as $6,000.00, depending on the facts of your case.
Submit Your DWI Case Online for a Free, No Obligation Case Evaluation
Being arrested for driving while intoxicated (or DWI) can be scary. Between the bright lights of the police car and the realization that you are going to jail, it is stressful to think about the consequences of one night’s indiscretion.
If your or a loved one has been arrested for DWI in Austin, not all is lost. While a DWI conviction carries many harsh penalties, an experienced defense attorney will be able to have the charges minimized, if not dropped altogether.
DWI is the most complicated field of law. The rules and regulations change frequently, and it would be extremely difficult to represent yourself in court. You need to find an attorney who focuses only on DWI to represent you during this trying time.
Ken Gibson can help. He has years of experience in successfully representing clients in DWI cases. Mr. Gibson has completed training by the National Highway Traffic Administration on how to administer field sobriety tests. He is also a certified Intoxilyzer 5000 operator and technician.
The first thing your attorney will help you with is keeping your driver’s license. If you were arrested for DWI, the officer gave you a notice of suspension for your driver’s license. Per Texas state law, you must request a hearing from the Department of Public Safety within 15 days to keep your license. If you do not, an automatic license revocation will take place.
The penalties for drunk driving are harsh. If convicted, the judge may order jail time, fines, court costs, and a driver’s license suspension. In addition to this, the Department of Public Safety will put a surcharge on your driver’s license, which can range from $1,000 to $2,000 per year for up to three years. This surcharge can get up to $6,000, depending on what your blood alcohol content (BAC) was or whether or not you took the breathalyzer tests.
You may also find it difficult to get affordable vehicle insurance, if you can even find a company to cover you at all. You can fight these charges! If you have been arrested in Austin and are interested in discussing your case with Ken Gibson, you can call him today at 1-888-DWI-TEXAS. He will be more than happy to give you a free, no obligation DWI case evaluation.
If your or a loved one has been arrested for DWI in Austin, not all is lost. While a DWI conviction carries many harsh penalties, an experienced defense attorney will be able to have the charges minimized, if not dropped altogether.
DWI is the most complicated field of law. The rules and regulations change frequently, and it would be extremely difficult to represent yourself in court. You need to find an attorney who focuses only on DWI to represent you during this trying time.
Ken Gibson can help. He has years of experience in successfully representing clients in DWI cases. Mr. Gibson has completed training by the National Highway Traffic Administration on how to administer field sobriety tests. He is also a certified Intoxilyzer 5000 operator and technician.
The first thing your attorney will help you with is keeping your driver’s license. If you were arrested for DWI, the officer gave you a notice of suspension for your driver’s license. Per Texas state law, you must request a hearing from the Department of Public Safety within 15 days to keep your license. If you do not, an automatic license revocation will take place.
The penalties for drunk driving are harsh. If convicted, the judge may order jail time, fines, court costs, and a driver’s license suspension. In addition to this, the Department of Public Safety will put a surcharge on your driver’s license, which can range from $1,000 to $2,000 per year for up to three years. This surcharge can get up to $6,000, depending on what your blood alcohol content (BAC) was or whether or not you took the breathalyzer tests.
You may also find it difficult to get affordable vehicle insurance, if you can even find a company to cover you at all. You can fight these charges! If you have been arrested in Austin and are interested in discussing your case with Ken Gibson, you can call him today at 1-888-DWI-TEXAS. He will be more than happy to give you a free, no obligation DWI case evaluation.
Austin Police Department set to roll out new Bat Bus
The city agreed to buy a breath alcohol testing bus so officers don’t have to make the trip to the county jail.
The new Bat Bus will have to stations for Intoxilyzer 5000s as well as workstations for the officers to review the videotapes of the incident and prepare the offense reports.
Futher, there will be City Marshalls on hand to transport folks who have been arrested to the jail facility. This will allow officers like the one they call “the Machine” to get back on the street faster. The Machine currently holds the record for making 7 arrests in one night.
“Typical, DWI arrest takes between three and four hours,” Austin police Cmdr. Patti Robertson said. “It narrows it down. Takes off 3/4 of that time. They have all the paperwork, turns it over to the officers on the bus.”
DWI has become big business in Austin.
“We are at 800 per 100,000 people for DWI arrests…” Robertson said. “What that means is we are ……the highest in the state for DWI arrests. I think that speaks volumes.” It certainly does.
There are approximately 10 different agencies in and around Austin that are all competing for grant money related to DWIs. The question then becomes, “Could this possibly motivate officer to make more and more arrests?” My belief……ABSOLUTELY!
Drink, Drive, Go to Jail maybe the policy, but it isn't the law!
In December 2006, Gregg County commissioners approved a grant to participate in the statewide “Drink, Drive, Go To Jail” campaign. This grant provides resources necessary to conduct DWI enforcement throughout the holiday periods to increase the arrests of folks that drink and drive.
Captain Ken Hartley with the Gregg County Sheriff’s Department says; “We’d just like to remind people to drive responsibly. Don’t drink and drive. Enforcement will be out there and it’s not worth that chance and certainly not taking a chance of hurting yourself or others.”
What they are totally ignoring is the fact that is not against the law to drink and then drive as long as you are at least 21 years of age, and you are not intoxicated. I believe that the Sheriff is setting up a great argument for the fact that people are going to be arrested that don’t meet the above criteria.
While we all know the Austin Police practice a “Drink, Drive, Go to Jail” policy, the administration has been smart enough not to voice it publicly.
Captain Ken Hartley with the Gregg County Sheriff’s Department says; “We’d just like to remind people to drive responsibly. Don’t drink and drive. Enforcement will be out there and it’s not worth that chance and certainly not taking a chance of hurting yourself or others.”
What they are totally ignoring is the fact that is not against the law to drink and then drive as long as you are at least 21 years of age, and you are not intoxicated. I believe that the Sheriff is setting up a great argument for the fact that people are going to be arrested that don’t meet the above criteria.
The police and prosecutors always want to lower the standard, but it just isn’t the law. Another example of the attempt to lower this standard is the “Buzzed driving is Drunk Driving” billboards. Neither Buzzed driving, nor Drunk Driving is the standard…..Intoxication is.
I certainly hope a defense attorney in Gregg County is paying attention to this and is willing to use this to show the juries there that THIS Sheriff’s deputies have the potential for making wrongful arrests.While we all know the Austin Police practice a “Drink, Drive, Go to Jail” policy, the administration has been smart enough not to voice it publicly.
Maybe It Should Be The Law, But It Isn't
Over two years ago, I wrote a post called “The Implied Consent Fallacy”. In the essay I objected to the legal fiction that everyone knows they are consenting to give a breath or blood test when asked by the police, simply by virtue of applying for and accepting a Texas Driver’s License.
Semi-anonomous first time reader “Jason” weighed in recently with this comment:
It's a good law. Bottom line, don't drive after consuming alcohol.
Simple enough, why don't they get it? Too bad there are attorney's [sic] who defend these people of lower than average intelligence.
Well, Jason, despite the fact that you missed the entire point of the post itself, let’s address your point. It seems to be that you think:
Driving after consuming alcohol is illegal…
and that therefore,
You deserve to have your license suspended…
even if the suspension is predicated on the falsehood that you knowingly and willingly agreed to provide a breath specimen when you got your driver’s license.
Just one problem with your theory… taint so. It is not illegal to consume an alcoholic beverage and get behind the wheel in Texas. You can make a good argument that it should be; but until you change the law to make it so, your premise is 100% incorrect.
One last thing. I often edit people’s grammar and spelling errors in comments, but given this particular combination of double ad hominem attack with a healthy dose of self righteousness I decided to let your comment stand as is.
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