Driving While Intoxicated

Fighting Driving While Intoxicated Charges in Hays County

An arrest for Driving While Intoxicated (DWI) in Kyle, Texas, is a serious matter that immediately puts your freedom, finances, and future on the line. DWI is not just a traffic offense; it is a crime aggressively prosecuted in Hays County. From the moment you are pulled over on I-35 near Kyle or arrested elsewhere in the surrounding area, the legal clock is ticking on both your criminal case and your driving privileges.

If you are facing DWI charges in Hays County, securing a skilled Kyle DWI defense lawyer must be your top priority. At Gordon Law PLLC, we provide robust, experienced defense to protect your rights and fight for the best possible outcome. We offer free consultations and flexible payment plans because we believe everyone deserves a quality defense.

Texas DWI Law and Penalties in Hays County

In Texas, a person is legally intoxicated and can be charged with DWI if they lack the normal use of their mental or physical faculties due to alcohol or drugs, or if their Blood Alcohol Concentration (BAC) is 0.08% or greater.

Penalties for a DWI conviction increase significantly with each subsequent offense and with aggravating factors:

Aggravating Factors and Enhanced Penalties

Additional charges and enhanced penalties can apply for:

• DWI with an Open Container: Minimum of 6 days in jail, even for a first offense.
• DWI with a BAC of 0.15% or higher: Elevated to a Class A Misdemeanor, even for a first offense.
• DWI with a Child Passenger (under age 15): State Jail Felony, punishable by 180 days to 2 years in a state jail and a fine up to $10,000.

The Crucial 15-Day Deadline: ALR Hearings

A DWI arrest in Kyle triggers two separate legal proceedings: the criminal case and the Administrative License Revocation (ALR) process.

1. Criminal Case: Handled by the Hays County court system, this determines your guilt and the associated criminal penalties (jail, fines, probation).
2. ALR Hearing: Governed by the Texas Department of Public Safety (DPS), this process determines if your driver’s license will be suspended.

You have only 15 days from the date of your arrest to request an ALR hearing to contest the automatic suspension of your license. Missing this deadline means your license will be automatically suspended. An experienced DWI lawyer can immediately file for your ALR hearing and represent you in this separate, critical proceeding.

Strategic DWI Defense in Hays County Courts

Successfully defending a DWI charge requires meticulously challenging the evidence gathered by law enforcement. A dedicated criminal defense attorney in Kyle, TX, will explore every possible angle for your defense, including:

Challenging the Initial Stop

Police must have reasonable suspicion to initiate a traffic stop. If the stop was unlawful, any evidence collected afterward (Field Sobriety Tests, breath/blood tests) may be inadmissible in court.

Disputing Field Sobriety Tests (FSTs)

FSTs are highly subjective and can be affected by factors other than intoxication, such as:

• Pre-existing medical conditions (e.g., inner ear issues, leg injuries).
• Unstable ground, poor weather, or distracting traffic.
• The officer’s failure to follow standardized administration procedures.

Attacking Chemical Test Results (Breath or Blood)

A skilled defense lawyer will investigate the science and protocol behind your breath or blood test:

• Breath Tests (e.g., Intoxilyzer 5000): We look for issues like machine calibration records, operator error, and whether the 15-minute observation period was properly conducted.
• Blood Tests: We challenge the chain of custody for the blood sample, the sterile procedure during the blood draw, and the lab’s testing protocols for accuracy and contamination.

Lack of Intoxication Defense

Even if your BAC was above 0.08%, if the evidence shows you maintained the normal use of your mental and physical faculties, a defense can be built around the fact that you were not impaired, which is the alternative definition of intoxication in Texas.

Why Immediate Action is Essential for Your Kyle DWI Case

The moment you are released from custody, you are in a race against the clock. Hiring an experienced Kyle, TX DWI attorney immediately is essential to:

• Request your ALR hearing within the 15-day window.
• Begin an independent investigation before critical evidence is lost.
• Start building a relationship with the Hays County prosecutors and court staff to navigate the system effectively.

At Gordon Law PLLC, we understand the stress and uncertainty you face. We are committed to protecting your driver’s license, your freedom, and your future. We offer free case evaluations to give you peace of mind and clear next steps, and we stand by our commitment to flexible payment plans.

Contact Gordon Law PLLC Today for Your Free Consultation

If you’ve been arrested for DWI in Kyle, Buda, or anywhere in Hays County, contact our office immediately. Don’t face the complex Texas justice system alone.

Gordon Law PLLC

600 W. 28th Street, Suite #106A

Austin, Texas 78705

512-678-9333 (WEED)

Legal Disclaimer: The information provided in this article is for informational purposes only and is not legal advice. It is not intended to create, and receipt of it does not constitute, an attorney–client relationship. You should consult with an attorney for advice regarding your individual situation.