Austin Criminal Defense Lawyer: Jamie Spencer

[Please visit my DWI blog, for more information about Texas DWI laws, penalties and defenses.]

In 1998, the Austin Police Department set up a special “DWI Task Force” with the goal of increasing DWI arrests in Austin.  Over the last few years especially, this has resulted in an enormous increase in the numbers of DWI arrests in Austin.

DPS troopers have also ramped up their arrests, probably state-wide, but definitely within Austin.  More recently, the Travis County Sheriff’s Department has added a DWI Enforcement Unit as well.

I have practiced DWI defense in both Travis and Williamson County for ten years.  This site, and the DWI blog, are meant to be resources for those who are seeking information about DWI.

For now, some quick points that the recently arrested need to be aware of:

(1) Almost all lawyer websites will stress the need to hire an attorney immediately.  Yes, this is obviously due in part to marketing efforts on their part, but there is truth in it as well.  Because there is a 15 day deadline to contest a driver’s license suspension arising out of a DWI, the need to meet with a lawyer soon after the arrest is real.

(2) Your license is actually not suspended immediately after the arrest, even though it was probably confiscated.  DWI related suspensions do not start until the 40th day after the arrest at the soonest– and if a hearing is requested, it will be substantially longer than that.

(3) Because there seems to be a lower standard now for arresting and charging folks with DWI, it has been my personal experience that dismissals and reductions of charges are more common as well.  (Many pre-made template lawyer websites explain this with the following: “Being Arrested For DWI Does Not Mean You Are Guilty”.)

(4) Worst Case Scenario: a first time DWI Arrest is not the end of the world.  However, that doesn’t mean you don’t want to fight the charge.  The penalties, even for folks who have never gotten a traffic ticket, never mind been arrested before, have increased with each legislative session.

(5) DWI is what I call an “opinion crime”.  By that, I mean you were arrested for DWI based on the officer’s opinion on scene that you were intoxicated.  Opinions are not the same as facts, obviously, and this leads to many avenues for potential defenses.

(6) If you want excellent representation, you will want to hire someone that is well versed in DWI defense.  I have conducted over 500 cross examinations of various police officers in DWI cases, ranging from Driver’s License Hearings, Pretrial Motions to Suppress the Evidence, Bench Trials and Jury Trials.  You should always inquire about the personal litigation experience any lawyer has before you consider hiring them.

(7) If you have prior DWI convictions, or previous alcohol-related Driver’s License suspensions, your case automatically becomes more difficult.  Not hopeless, mind you, but more difficult – for both you and your lawyer.  The legislature continuously adds extra penalties for enhanced DWI convictions.  Right now these include requirements for Ignition Interlock devices, ineligibility periods for occupational licenses, and mandatory jail time – even if you get probation.  The need for an experienced DWI lawyer increases when you have a prior criminal history.