YOU MAY LOSE YOUR LICENSE IF YOU DON'T ACT NOW!
It is very important if you have been arrested for DWI that you act within the first 15 DAYS. A request for an ALR (Administrative License Revocation) hearing needs to be arranged or you risk losing your license.
CALL OUR OFFICE NOW (512) 278-0935
1. Make arrangements to get out of jail. My phones are answered around the clock each day of the year and my live answering service can always contact me or my staff. I answer my cell phones 24 hours a day unless I am conducting a courtroom hearing (or in the shower at home). I have attorneys on call 24 hours a day, seven days a week to assist in getting you out of jail (if I am unavailable). I have Bail Bond businesses that treat my clients with respect and courtesy that remain on call around the clock. I personally prefer my clients to be released on a Surety Bond. A Personal Recognizance bond requires the person to be under supervision and some of the conditions can cause a hardship on the client.
2. Call our office as soon as possible for a qualified DWI attorney. It is not unusual for you to have made a quick decision in employing just any attorney to assist you in getting out of jail. This is understandable because no one thinks they are going to be arrested for DWI when they are not intoxicated. While in a jail cell you are not in the best situation to deal with the stressful decision you are making. You just want out of jail! The good news is that you can correct your situation by bringing in an attorney who is qualified to handle your case. The courts should allow a qualified attorney to substitute in on your case to represent you in this complex situation.
3. Hire me within 15 days of the arrest so I can appeal any driver’s license suspension you have received. I always appeal the upcoming suspension - if you don’t fight, the license will be suspended. By filing the appeal the suspension is stopped and cannot proceed until we have a revocation hearing in front of an administrative law judge. The suspension hearing is a great opportunity to have a first shot at the testifying officer. I can lock in mistakes in their performance as well as mistakes in their testimony.
DUI/DWI laws - [Source: http://www.iihs.org/laws/dui.aspx]
November 2008
All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent. License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Administrative license suspension laws are in place in 41 states and the District of Columbia. Some offenders in 47 states and the District of Columbia are permitted to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver's breath and disable the ignition if the driver has been drinking. In 32 states, multiple offenders may have to forfeit their vehicles. Laws prohibiting the driver, passengers, or both from possessing an open container of alcohol in the passenger compartment of a vehicle are in place in 43 states and the District of Columbia.
State |
BAC defined as illegal per se |
Administrative license suspension 1st offense? |
Restore driving privileges during suspension? |
Do penalties include interlock |
Vehicle forfeiture for multiple offenses |
Open container laws |
Alabama |
0.08 |
90 days |
no |
no |
no |
driver/passenger |
Alaska |
0.08 |
90 days |
after 30 days1 |
yes |
yes |
driver |
Arizona |
0.08 |
90 days |
after 30 days1 |
yes |
yes |
driver/passenger |
Arkansas |
0.08 |
120 days |
yes1 |
yes |
yes |
no |
California |
0.08 |
4 months |
after 30 days1 |
yes |
yes |
driver/passenger |
Colorado |
0.08 |
3 months |
yes1 |
yes |
no |
driver/passenger |
Connecticut |
0.08 |
90 days |
yes1 |
yes |
no |
no |
Delaware |
0.08 |
3 months |
no |
yes |
no |
no |
District of Columbia |
0.08 |
2-90 days |
yes1 |
yes |
no |
driver/passenger |
Florida |
0.08 |
6 months |
after 30 days1 |
yes |
yes |
driver/passenger |
Georgia |
0.08 |
1 year |
yes1 |
yes |
yes |
driver/passenger |
Hawaii |
0.08 |
3 months |
after 30 days1 |
yes |
no |
driver/passenger |
Idaho |
0.08 |
90 days |
after 30 days1 |
yes |
no |
driver/passenger |
Illinois |
0.08 |
3 months |
after 30 days1 |
yes |
yes |
driver/passenger |
Indiana |
0.08 |
180 days |
after 30 days1 |
yes |
yes |
driver/passenger |
Iowa |
0.08 |
180 days |
after 90 days1 |
yes |
no |
driver/passenger |
Kansas |
0.08 |
30 days |
no |
yes |
no |
driver |
Kentucky |
0.08 |
no |
not applicable |
yes |
yes |
driver/passenger |
Louisiana |
0.08 |
90 days |
after 30 days1 |
yes |
yes |
driver/passenger |
Maine |
0.08 |
90 days |
yes1 |
yes |
yes |
driver/passenger |
Maryland |
0.08 |
45 days |
yes1 |
yes |
no |
driver/passenger |
Massachusetts |
0.08 |
90 days |
no |
yes |
yes |
driver/passenger |
Michigan |
0.082 |
no |
not applicable |
yes |
yes |
driver/passenger |
Minnesota |
0.08 |
90 days |
after 15 days1 |
yes |
yes |
driver/passenger |
Mississippi |
0.08 |
90 days |
no |
yes |
yes |
no |
Missouri |
0.08 |
30 days |
no |
yes |
yes |
no |
Montana |
0.08 |
no |
not applicable |
yes |
yes |
driver/passenger |
Nebraska |
0.08 |
90 days |
after 30 days1 |
yes |
no |
driver/passenger |
Nevada |
0.08 |
90 days |
after 45 days1 |
yes |
no |
driver/passenger |
New Hampshire |
0.08 |
6 months |
no |
yes |
no |
driver/passenger |
New Jersey |
0.08 |
no |
not applicable |
yes |
no |
driver/passenger |
New Mexico |
0.08 |
90 days |
after 30 days1 |
yes |
no |
driver/passenger |
New York |
0.08 |
variable3 |
yes1 |
yes |
yes |
driver/passenger |
North Carolina |
0.08 |
30 days |
after 10 days1 |
yes |
yes |
driver/passenger |
North Dakota |
0.08 |
91 days |
after 30 days1 |
yes |
yes |
driver/passenger |
Ohio |
0.08 |
90 days |
after 15 days1 |
yes |
yes |
driver/passenger |
Oklahoma |
0.08 |
180 days |
yes1 |
yes |
yes |
driver |
Oregon |
0.08 |
90 days |
after 30 days1 |
yes |
yes |
driver/passenger |
Pennsylvania |
0.08 |
no |
not applicable |
yes |
yes |
driver/passenger |
Rhode Island |
0.08 |
no |
not applicable |
yes |
yes |
driver |
South Carolina |
0.08 |
no |
not applicable |
yes |
yes |
driver/passenger |
South Dakota |
0.08 |
no |
not applicable |
no |
no |
driver/passenger |
Tennessee |
0.08 |
no |
not applicable |
yes |
yes |
driver4 |
Texas |
0.08 |
90 days |
yes1 |
yes |
yes |
driver/passenger |
Utah |
0.08 |
90 days |
no |
yes |
no |
driver/passenger |
Vermont |
0.08 |
90 days |
no |
no |
yes |
driver/passenger |
Virginia |
0.08 |
7 days |
no |
yes |
yes |
no |
Washington |
0.08 |
90 days |
after 30 days1 |
yes |
yes |
driver/passenger |
West Virginia |
0.08 |
6 months |
after 30 days 1 |
yes |
no |
no |
Wisconsin |
0.08 |
6 months |
yes1 |
yes |
yes |
driver/passenger |
Wyoming |
0.08 |
90 days |
yes1 |
yes |
no |
driver/passenger |
1Drivers usually must demonstrate special hardship to justify restoring privileges during suspension, and then privileges often are restricted.
2The 0.08 per se BAC law in Michigan contains a sunset clause which states that the legal BAC will revert to 0.10 on October 1, 2013.
3In New York, administrative license suspension lasts until prosecution is complete.
4In Tennessee, municipalities and counties can prohibit passengers from possessing an open container.
CALL NOW
AUSTIN 512-278-0935
SAN ANTONIO 210-394-3833
If you are looking for an exceptionally trained and educated, DWI / DUI attorney to aggressively represent you on your DWI case or any criminal matter, call 512.278.0935 (Austin) or 210-DWI-DUDE (210.394.3833) (San Antonio) or contact my assistant Ashley by e-mail at ashley@dwidude.com.
If I am in trial, my personal assistant Ashley Nichols can assist you.
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