Being arrested does not mean you’ll be convicted and sentenced to jail. A strong attorney can help you fight the charges against you, working to have them reduced or dismissed.
Our firm has a winning record of getting charges reduced and cases dismissed.
We empower you with helpful and useful information that will give you more options and make informed decisions.
We offer affordable and convenient payment plans.
The world is rife with attorneys who are happy to stand beside you while you take a plea deal or plead guilty. They never intend to help you get your charges reduced or dismissed. The attorneys at The Law Office of Ken Gibson have decades of years of experience in criminal trials and a winning record of getting charges reduced and cases dismissed.
Having a competent, experienced legal counsel can make all the difference in a case. We offer flexible payment plans and free, no-obligation case reviews to make expert legal representation accessible to all.
Sample Google and Facebook Reviews:
If you want an attorney that will go the extra mile, you should get Ken and Park on your side.
Ken went above and beyond, dealing with both me and my legal matter, to get a resolution that allows me to live my life to the fullest.
Not only has Ken has helped me, he’s also helped friends that I have sent his way. He’s a great guy that will work hard to get you the best result.
Dealing with a DWI charge is a headache, but Ken and Michelle made it as painless as possible. On my initial consultation with Ken, he told me he’d get my case dismissed, and that’s exactly what he did! The office was excellent at keeping me informed every step of the way.
We want our clients to make educated, informed decisions about their cases, and we treat them as active participants in their own defense. As such, we empower our clients with education and knowledge about their case, so they can have their side of the story heard in court.
The attorneys at The Law Office of Ken Gibson know that a true story told well can turn the tide of a case. Law enforcement and the prosecution will have their side of the story, but the attorneys at The Law Office of Ken Gibson want to tell yours. From the beginning, we will fight for your rights and seek the most favorable outcome for you by investigating your case, calling witnesses, and presenting evidence that proves your innocence or uncovers weaknesses in the prosecution’s argument. With a strong advocate in your corner, you can feel confident telling your side of the story.
If you want to have your charges reduced or dismissed altogether, we compiled critical information you need now to increase your chances.
Other attorneys will happily stand beside their clients as they plead guilty. We don’t believe in that, and we simply don’t do it. If you want to have your charges dismissed or reduced, work with an attorney who won’t stand by and watch you take the fall.
Challenging your license suspension is one of the most effective ways to increase your odds of getting your charges reduced or dismissed. You can do so right now by requesting an Administrative License Revocation (ALR) hearing online. As your attorney, we can do this for you as well. Once you submit this request, your license will not be automatically suspended.
At the ALR hearing, your attorney will be able to hear arguments made by the Department of Public Safety (DPS). DPS is required to prove that the officer had reason to believe you were under the influence when he or she arrested you. The arresting officer is also required to present evidence that shows you either failed a blood or breath test or refused to take the test. Then, the judge will determine if your license should be suspended.
Not only could you retain your driving privileges by challenging your suspension, but your attorney will also get the chance to get a preview of the prosecution’s evidence against you – valuable information for your case.
Legal Limit in Texas: .08% blood alcohol concentration (BAC)
If your BAC tested below .15%, your DWI is considered a Class B Misdemeanor. For a simple, first-offense DWI below .15 in Texas, you could face the following punishments:
If your BAC tested above .15%, your DWI is considered a Class A Misdemeanor. This charge includes more serious consequences than a Class B Misdemeanor. For a DWI with BAC above .15%, you could face the following punishments:
How does law enforcement prove my BAC was over the legal limit?
The state can use either a blood test or a breath test to determine if your BAC was over the legal limit of .08%.
Can I refuse the DWI breath or blood test in Austin, Texas?
Should I refuse the DWI breath or blood test?
It is your right to refuse the breath or blood test, but even if you take the test and your BAC is over the legal limit, we can refute the test. We’ve done so successfully in many cases that seemed unwinnable. If you take the test, understand that you are giving law enforcement evidence to use against you in court.
Can my blood be taken against my consent?
Yes. If the arresting officer gets a warrant from a judge to take your blood, they can do so without your consent.
What is a “no refusal weekend”?
In Austin, Texas, some holiday weekends and weekends where there are major events will be considered “no refusal weekends.” During these weekends, judges are on call to sign warrants immediately so officers can take your blood without your consent. We can always challenge these test results.
What if I have a prior DWI?
If you have a prior DWI, the state will charge you with a Class A Misdemeanor rather than a Class B Misdemeanor. A Class A is more severe than a Class B.
In addition to a potential jail sentence, fines and losing your license, you may face the following additional consequences in Texas for a DWI:
Ignition Interlock Device
In Texas, multiple-DWI offenders will be required to use an ignition interlock device (IID). First-time offenders may be required to install one as well.
An IID requires a breath sample before starting your vehicle. It is basically a breath test that controls your ignition. If the IID detects any alcohol in your blood, even if it’s below the legal limit of .08%, your vehicle will not start. It also requires drivers to blow periodically while the vehicle is in operation.
Victim Impact Panel
At a Victim Impact Panel or VIP, victims, bystanders, and family give statements about the impacts they’ve experienced as a result of drunk driving.
Drug and Alcohol Evaluation
In a drug and alcohol evaluation, a convicted offender will submit to questioning regarding their drug and alcohol use to identify potential substance use issues and determine an appropriate treatment plan.
DWI school is typically a requirement of probation for first-offenders. The educational program provides information about alcohol use and drunk driving. It also educates participants on harm reduction techniques to identify substance use patterns and reduce the chance of drunk driving in the future.
Convicted DWI offenders may be required to complete community service as part of their sentence or in lieu of fines or jail time. Judges frequently use service to help the community, decrease the burden on jails, and help defendants get involved.
Judges may order probation for convicted DWI offenders in Texas. With probation, the judge agrees to waive or “probate” jail time in exchange for following certain rules for a period of time (up to two years for a first-offense DWI). Installing an IID may be required as part of probation as well as meeting with a probation officer and taking drug and alcohol screenings.
If convicted offenders break any of the rules, the judge can reinstate the jail sentence.
If you have been charged with Driving While Intoxicated (DWI) in the state of Texas, you no doubt have many questions about what to expect. What kind of crime is DWI? Is it a felony or a misdemeanor? What’s the difference? What kind of jail time or penalties can you expect?
The following should answer any questions you may have about receiving a charge of DWI.
To begin with, the most pressing question is whether you will be charged with a felony or a misdemeanor. The good news is that in the state of Texas, most DWI offenses are charged as a misdemeanor, with a punishment of a year at most in the county jail.
That said, there are circumstances in which you will be charged with a felony. Before explaining what those are, it’s important to know exactly what being charged with a felony entails. Essentially, a felony charge is considered a more serious crime, with a minimum sentence of more than a year in jail. In the state of Texas, there are five kinds of felonies, listed here from most to least severe:
So how will it be determined whether you will be charged with felony DWI? If this is your first offense, there are three circumstances in which you could receive felony charges.
The first circumstance that could lead to a felony DWI for your first offense is if the other driver suffers injury or permanent disfigurement as a result of your drunken driving. Charged as Intoxication Assault, this is considered a third-degree felony under Texas law.
The second way you could face felony charges is if your drunk driving results in the death of another person. In this case, your charges will be elevated to the second-degree felony of Intoxication Manslaughter.
Finally, another possibility that could lead to felony charges is if you drive drunk with a child in your vehicle. If the other occupant is 15 years old or younger, you could be charged with driving under the influence with a child passenger, which is considered a state felony.
Obviously, with multiple offenses on your record, the legal consequences will be much more severe. And in the state of Texas, there is no set “lookback” period after which a DWI falls off of your record. When you are arrested for DWI in the Lone Star State, prosecutors can look all the way back to the beginning of your criminal record, going back decades if needed to find prior convictions.
If you have a prior DWI on your record, they will find it. And if this latest offense is your second DWI, you can expect to be charged under the Texas Penal Code with a Class A misdemeanor, carrying with it a jail term between 30 days and a year. With your third or subsequent DWI, each one will be considered a felony, bringing with it a state prison sentence between two and 10 years.
In certain circumstances, it is possible to have a DWI charge expunged from your record, striking it out as if it never happened. There are also circumstances in which the record of your DWI can be sealed, depending on the specifics of your case. If your DWI is sealed, it remains on your record, visible to government and law enforcement agencies at the state and federal levels. However, it will not be a part of your public record, meaning that civilians will not be able to access it while running a background check for a job, a loan or a university application.
How Can my Record be Sealed?
How Can my Record be Expunged?
Research shows that 84 percent of people trust reviews they read online as much as recommendations from friends and family. At The Law Office of Ken Gibson, we are grateful for what our clients say about us in person and online, and we’re proud of the 5-star scores we have on Google and other online rankings.
Contact us today to schedule a free case review online and start planning your defense. Whether you hire our firm or not, you’ll leave the conversation with more knowledge than before, feeling empowered to fight the charges against you.
The Law Office of Ken Gibson
812 San Antonio St #100
Austin, TX 78701