Monday, March 26, 2007

When Does the ALR License Suspension Take Effect in Texas?

Section 524.021 of the Texas Transportation Code provides that a person’s license will be suspended on the 40th day after receiving the Notice of Suspension, which is, in almost all cases, the night of the DWI arrest. If a hearing is requested within 15 days of the arrest, Section 724.041 provides that the suspension is stayed until a final decision is issued by the judge in the case.

In Austin, final ALR hearings are often not held until several months after the arrest for DWI. During that time period, the defendant is free to drive 24/7 – assuming, of course, that there are no other suspensions in place at the time.

The arresting officer physically confiscates the license from the defendant, usually on scene, and it is not returned with the rest of the person’s belongings when they are released from jail.

Instead, they get several pieces of paperwork…including a yellow sheet of paper called the DIC-25, which reads “Notice of Suspension – Temporary Driving Permit” at the top. This should be kept in a wallet or purse, and used in lieu of your regular physical license.

If for some reason you, or your lawyer, did not request the ALR hearing to contest the suspension, you will want to start gathering the necessary documents for preparing an Occupational Driver’s License well before the 40th day after the arrest.

The main goal of the Austin Police Department

PROGRAM DESCRIPTION
Austin, the capital city of Texas, is centrally located between San Antonio, Dallas and Houston. Austin has a population of 667,000 in the city limits and over 1 million in the metropolitan Austin area. The city covers a land area of 238 square miles and the Austin metropolitan area encompasses 2,705 square miles. Located within the city limits of Austin are two of a chain of seven lakes that comprise the Highland Lakes. The other five lakes are located to the north-west of the city. The University of Texas in Austin is the largest component of the University of Texas System and is home to over 50,000 students, 3,000 faculty and 18,000 staff members.

PROGRAM BACKGROUND
The Austin Police Department (APD) estimates that, in their jurisdiction, motorists who drink and drive are involved in approximately 50% of fatal collisions and an equal percentage of serious injury collisions2. The Austin Police also estimate that after 2 a.m., two out of every four motorists on the road are driving under the influence of alcohol. The estimated numbers of drinking drivers, and the high percentage of serious injury and fatality crashes, prompted the APD to take additional action to protect local citizens. The APD launched a trial anti-DWI task force in January 1998, followed by a permanent anti-DWI Enforcement Unit in August 1998.

In addition to public safety, these specialized anti-DWI enforcement teams helped to ad-dress a procedural problem within the Department. Prior to the creation of the dedicated unit, officers spent an inordinate amount of time, shown by early dispatch data to be between three and four hours, handling a DWI arrest. The result was that officers were out of service and off the roadways for much too long a period of time. Part of the time required to process a DWI arrest involved waiting for video facilities to become available at the police station. Having a specialized team dedicated to handling DWI suspects, implementing revamped procedures, and in-stalling video cameras in the specialized team’s patrol units streamlined the process, and allowed arresting officers to return to service more quickly.

The main goal of the Austin Police Department anti-DWI enforcement team was to in-crease public safety on the highways by detecting and removing more impaired drivers. This goal was to be fulfilled by meeting the following objectives:
  • Increase the number of arrests for DWI through the addition of this special enforcement unit.
  • Allow all APD officers to hand over suspected impaired drivers to the special enforcement officers for testing and processing, thereby reducing the amount of time required by all officers to process DWI suspects to allow officers more road time.
  • Provide additional equipment and support to assist in the reduction of the processing time.
  • Provide officers with tools to make their court appearances more effective, thus, theoretically, increasing the conviction rate and decreasing the officers’ time required to obtain a conviction.

LAW ENFORCEMENT AGENCY DESCRIPTION

In 2002 there were 1,198 sworn officers and 586 civilian employees working at the Austin Police Department. The APD, as with all large urban law enforcement agencies, is a police department ever evolving to meet the needs of the citizens

In 1998, the Department decentralized its operations to create a neighborhood-based model of law enforcement. In this reorganization, the City of Austin was divided into six area commands (described in the Geographic Jurisdiction section below), with resources transferred to the neighborhood level to solve problems at their source. In September 2001, a seventh area command was added to focus on the downtown-central business district. Two additional sectors are to be added in late 2003.

Each area command is managed by a commander and staffed with its own patrol units, detectives, street response teams, motor units and civilian support staff. The theory is that de-centralizing operations and empowering area commanders with the resources to serve law enforcement needs at the neighborhood level enhance both the response to crime and the ability to prevent crime. Patrol officers have the opportunity to develop stronger ties to the community, communicate effectively with residents and businesses to prevent crime, and build a relationship of mutual respect and trust with the community they serve.

To provide a liaison between patrol officers and neighborhoods, the district representative (DR) program was implemented citywide in 1998. First tried as a pilot program in the Northeast Area Command, the DR program assigns a district representative, a sworn police officer, to tar-get specific districts within an area command. The DR officer develops close working relation-ships with citizen groups, neighborhood associations and businesses. When special problems arise within a district, the DR officer can focus on the problem and manage resources to best ad-dress the issue.

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About Austin Dwi

A Program to suspend the driving license Of Drivers Which are found driving carelessly under dwi(driving while intoxicated).Your license can be cancelled if:a)You Refuse to give test necessary for determining weather you are intoxicated or not.b)you Allow for test but your blood alcohol content is found greater than 0.8.Note That:1)This program covers over 41 states.2)This program is administrated by the Texas Department of Public Safety (DPS).
DWI Initiates two things:
1)criminal case,
2)ALR also known as Administrative License cancellation,

Procedure Of ALR:
If a Law inforcement officer bilives during traffic a reasonable cause for stopping driver then
1)first officer need to tell him his rights.These rights are:
a)Anything You tell us can be used against you.
b)You can arrange a lawyer during interrogation.
c)You have the right to legal counsel.
d)You have a right to remain silent.
2)field sobriety tests are performed.
3)If Tests fails Then driver can be arrested and imported to Police station.
4)Requested To give Breath Test ( Breathalyzer ) or blood test.
5)If he denies then officer confiscates his driving license.
6)Determines suspension period.Adult Refusal: 3 Month- 2 yearsAdult Failure: 3 Month - 1 yearMinor DUI: 2 Month - 3 Month
7)conducts further procedure.

Hardship Licenses:
In Case,license is suspended then a temporary license can be issuedfor some certain routes(Such as office to home root),known as hardship license.You Have 15 days for requesting Administrative License RevocationHearing.

DWI Checkpoints:
law enforcement agencies selects some points on roadside( or on highways ) and detects suspected persons for DWI.These points are known as DWI checkpoints.

Right Defense Lawyer:
While selecting a lawyer, you should notice following points:
1)Lawyer past record, How many dwi cases he has handled and what is his success record.
2)Lawyer is a specialist of dwi or handles all types of cases,
3)Financial settlement,What is the cost of lawyer.
4)Does lawyer has his own Intoxilizer 5000 breath machine and he is well familiar with it.
5)Is law familiar with Standardized Field Sobriety Tests.
6)dwi attorney self confidense, can he satisfy you.

Field Sobriety Test :
1)They are for on the spot determination of weather driver is drunk or not.
2)These tests were developed by the National Highway Traffic Safety Administration (NHTSA).
3)These are:
A)the horizontal gaze nystagmus (HGN):
if the eye cannot follow a moving object smoothly.
B)the walk-and-turn,Listen and follow instructions During physical movements.C)the one-leg stand.Note That dui dwi attorney lawyer tampa suspension law is the same as in other state.

City Of Austin DWI Enforcement Team

Creating a DWI Unit
Distinguishing Features


Creating a special-purpose unit within a large law enforcement agency can be difficult and time-consuming. Political and institutional barriers and the inertia of traditional approaches can defeat even the best of intentions. The Austin approach is distinguished by an innovative policy intended to ensure that new officers are skilled in all aspects of DWI enforcement. This description of the process by which the Austin Police Department planned, implemented, and now is perfecting, a dedicated DWI Unit provides useful advice to the managers of law enforcement agencies who are contemplating similar initiatives.

Setting
The City of Austin is located on the banks of the Colorado River at the eastern edge of the Texas Hill Country, at approximately the geographic center of the State. San Antonio is to the south, Dallas and Fort Worth are to the north, and Houston is to the east. The City of Austin encompasses 238 square miles and includes portions of Travis and Williams Counties; two of the seven Highland Lakes are located within the city limits. Austin is home to more than 674,000 residents, with approximately one million people living in the Austin metropolitan area. Austin is the site of the main campus of the University of Texas, with more than 50,000 students and 21,000 faculty and staff. In addition to serving as the political capital of the State, Austin is recognized as the intellectual, cultural and entertainment center of the region, and home to a diverse music community with a tradition of live per­formances and active nightlife at the many bars, restaurants, and music clubs in the city.

Background / Planning Process
Prior to 1998, all traffic enforcement by the Austin Police Department (APD) was con­ducted by general patrol officers, but only when they were not busy responding to calls for service. Concerned about increasing numbers of alcohol-involved crashes in the city, the chief ordered development of an operations plan in January 1998 that led immediately to the formation of a DWI Task Force. The primary goal of the task force was to reduce the number of alcohol-related fatalities in 1998 by 15 percent from the previous year’s total. The principal method would be for task force officers to focus their patrol effort almost exclusively on DWI enforcement and to assist nonspecialist patrol officers by relieving them of the DWI processing and arrest procedures. A schedule was established that assigned officers to the task force from their normal duties in the various divisions, with division commanders determining the individual assignments.

Special enforcement by the DWI Task Force was conducted daily from 10 a.m. to 4 a.m. hours, with two teams of two officers deployed on Sundays through Wednesdays and four two-officer teams on Thursdays through Saturdays. Saturday deployments were augmented by five officers from the department’s DWI Selective Enforcement Program (STEP); the STEP officers were not required to operate in pairs. The numbers of officers and hours of operation varied slightly during the initial seven-month special enforcement program.

Task force officers focused on the enforcement of impaired driving laws, but also were encouraged to make enforcement stops for the full range of traffic offenses. The officers were expected to process their own DWI arrests and to relieve general patrol officers of the processing tasks by either driving to the scene of the arrest or arranging to meet the patrol officers at the police station. Patrol officers completed the written supplement to the incident report, which provided a description of the probable cause for the originating enforcement stop. The patrol officers also were responsible for administering the tests necessary for a DWI arrest before handing off the process to a task force officer. DWI Task Force officers then completed the incident reports, affi­davits, and booking sheets for the patrol officers’ arrests. Task force officers also com­pleted nightly activity reports to which they attached copies of their dispatch sheets. A supervising lieutenant analyzed the reports to calculate the time required to process arrests.

The DWI Task Force operations familiarized many Austin PD officers with DWI assessment and arrest procedures. As a consequence of this exposure, many general patrol officers developed the skills and confidence necessary to make and process their own DWI arrests, without assistance from the task force’s DWI specialists. The combi­nation of formal and on-the-job training resulted in general patrol officers being responsible for handling 75 percent of the Austin Police Department’s DWI arrests.

A special DWI Enforcement Unit was formed in September 1998 as a permanent replacement for the DWI Task Force and operates under the direction of the Traffic Administration Section of the Austin Police Department. The purpose of the new unit was (and remains) to increase the levels of effort and professionalism of DWI enforce­ment, to reduce the incidence of alcohol-involved crashes, and to send a clear message to motorists that impaired driving is not tolerated in Austin. The DWI Enforcement Unit was composed initially of eight specially trained officers and one sergeant.

Special Enforcement Methods
The DWI Enforcement Unit continues the practice of frequent, sustained, highly visible, impaired driving patrols that was established by the task force during its seven months of operation in 1998. The Unit devotes the first two days of each week to con­ducting what is called an “Impact Initiative,” during which all members of the DWI Unit deploy to the same APD Area Command to search for and arrest DWI violators, and to deter others from driving while impaired by their high-visibility enforcement. The offi­cers of the DWI Unit deploy city­wide during the remainder of the week when not con­ducting an Impact Initia­tive for a spe­cific Area Command. The special unit’s vehicles are equipped with win­dow-mounted video cameras and the words “DWI Enforcement” are con­spicuously displayed to elevate public awareness of the special enforcement effort.

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DWI Penalties in Texas - Austin Criminal Defense FAQs Driving While Intoxicated Frequently Asked DUI & DWI Questions

Why are Texas DWI laws so vigorously enforced?
There are tremendous societal pressures to make DWI arrests. MADD puts a great deal of pressure on the County Attorney and Police Departments to get ³tough² on people that drink and drive.

When should I hire a criminal defense attorney?
Immediately. Texas law requires that a request for a hearing to keep your license must be made within 15 days from the date of your DWI arrest. If you fail to hire an attorney, and a hearing is not requested, you waive the opportunity to fight the license suspension. In short, the sooner you act the better chance I will have in providing the best criminal DWI defense you need.

I was arrested for DWI in Texas. Is my license automatically suspended?
No. However, if you refused to provide a sample of your breath or blood, or if you provided a sample and they say it had an alcohol concentration of .08 or greater, and a hearing is not requested to fight the DWI suspension, it will be suspended.

Is there any benefit in requesting an Administrative License Revocation (ALR) Hearing?
Absolutely. We have been able to keep a large number of our clients here in Texas from ever having their license suspended.

Also, it is the first and probably only opportunity that we will have to speak to the officer and get ³his story² before the prosecutors have a chance to coach the officer.

If my license is suspended for a DWI, can I get a license to drive to work?
In almost every case, yes. Depending on your criminal and driving record, we can almost always get you an Occupational Driver¹s License that will allow you to drive to and from work. It will also allow you to drive between locations, if your job requires you to travel as part of your duties.

I got a Texas DWI and I have never been in trouble before. Am I going to jail?
Probably not. All cases are different, and I will have to look at your specific facts, but in most cases, I can successfully fight to keep you out of jail.

What part of your practice is devoted to defending Texas DWI cases?
Nearly every one of my cases is a DWI case. Texas DWI laws and techniques in defending DWI are constantly changing. What worked yesterday may not be the best approach today. It is important to find a lawyer who stays on top of the current Texas DWI laws, trends, and what occurs in Courts everyday. I am such a lawyer. Also, I concentrate my Continuing Legal Education on DWI specific seminars, rather than general criminal law issues.

Are you skilled in the proper administration of Standardized Field Sobriety Tests?
Yes. I have completed training for the National Highway Traffic Safety Administration (NHTSA) standardized field sobriety tests. This will allow me to better evaluate how you did on the tests, and more importantly, evaluate how the police officer administered them. This is important because most DWI prosecutions involve results of "field sobriety tests," some of which have been the subject of scientific studies conducted by the NHTSA.

Are you familiar with the breath test machine, the Intoxilyzer 5000, used in Texas?
Yes. I own two of my own Intoxilyzer 5000 machines. To the average criminal defense attorney, a breath test above the legal limit means "plead guilty" from the beginning, even though they will not tell you this until after the fee has been paid. To a true DWI defense attorney, a failed breath test in no way means you are guilty. I understand how the breath test machine works, what can cause you to submit an erroneously high reading, the philosophy behind breath testing, and how alcohol is absorbed and eliminated from the body. This is often the difference between a guilty and Not Guilty verdict. If you are serious about being found Not Guilty, it is a must that your lawyer be very knowledgeable about alcohol and the human body and its affect on breath testing.

Can you get my DWI case dismissed?
It would be unethical for me to promise that I will get your DWI case dismissed. That being said, my goal will be to get your case dismissed, keep your record clean, and prevent you from losing your freedom, dignity, and license to drive.

DWI in Texas

If You're Still Undecided About Fighting Your Texas DWI, please read the information below:

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.
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

As you can see, the average cost for just pleading guilty is at least $5,207.00, not including your attorney fees, or how much your insurance company will surcharge you. That could be an additional $1,000.00 or more a year for three years.

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.

Choosing the Right Texas Criminal Defense Attorney

Texas DWI laws are both political and complex. Moreover, since the laws change so often and the consequences of even a first conviction are so severe, finding a lawyer who is experienced at handling DWI, Drunk Driving, Driving While Intoxicated cases should be your top priority.

If you’ve never been through this before you probably don’t know where to begin in your search for an attorney. Further, not knowing what to look for in a Texas DWI defense attorney makes the challenge of finding the right lawyer even more difficult. You’ll need to find an experienced, competent defense lawyer who can explore factual and legal defenses, review your case for defects, move to suppress evidence, compel discovery of such things as calibration and maintenance records of the breath machine, negotiate for a reduction in charges, obtain expert witnesses for trial, protect your driving privileges and safeguard your constitutional rights.

Above all else you should attempt to retain an attorney who devotes the vast majority of his or her practice to the defense of DWI cases. No attorney can give you a guarantee on the outcome of your case, however, retaining a firm that emphasizes DWI defense will maximize the chances of a successful conclusion. If you do not have a sense of comfort and confidence after meeting with an attorney about your case you should look further.

• Does the attorney or law firm have extensive experience in DWI pretrial investigation and litigation?
• Does the attorney or law firm have a reputation for going to trial or for pleading cases guilty?
• Do you feel a strong sense of confidence in the lawyer’s or law firm’s ability to professionally handle your case, and do you feel comfortable with the manner in which the lawyer communicates with you? Does the lawyer seem genuinely interested in you and your case?
• Is the financial arrangement clearly defined?
• Questions you should ask to find the best DWI Defense Lawyer for your case:
• What part of your practice is dedicated to defending DWI cases?
• How many DWI cases have you handled?
• How many of your cases plead guilty as charged?
• Are you affiliated with the National College for DUI Defense?
• What other organizations do you belong to that advocate aggressive DWI defense?
• Are you familiar with the CMI Intoxilizer 5000 breath machine used in Texas?
• Have you completed training on the proper use of the CMI Intoxilizer 5000 breath machine?
• Do you own a CMI Intoxilizer 5000 breath machine?
• Have you completed training on the proper administration of Standardized Field Sobriety Tests? Will you handle my license suspension case in addition to the DWI charge?
• Do you regularly appear in the court in which I’m charged?
• Will the lawyer I hire be the lawyer who actually handles my case? In other words, does the lawyer go to court, or will one of his employees handle my case.
• What will it cost to get a good lawyer?

What happens after a DWI arrest in Texas?

Administrative License Revocation:
To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension(usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. It is our opinion you should requests the officer's presence at the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.

lst Appearance:
If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually 30 days after your arrest). If you hire an attorney, the attorney can usually make this appearance for you, so that you do not have to attend. During this 30 day period, the case is sent to the County Attorney's office for further investigation. The County Attorney then prepares an information and files this with the County Clerk, and your case is set on the court's docket.

Pre-trial Conference:Your attorney will discuss your case with the County Attorney to discuss the best possible resolution of your case. This conference will happen about 8-10 weeks after your 1st Appearance date.
Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre-trial conference.

Trial:You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve.

Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.

Texas DWI Blood Test Information

The most common test used for DUI / DWI arrests is a breath test, by more than a 10 to 1 margin. Some states (e.g., South Carolina) REQUIRE that a DUI alcohol suspect be offered a breath test, and not a blood test, if he/she is conscious. Other states (e.g., Georgia) permit the officer in the field to choose which kind of test or tests are to be administered, whether the person is conscious or not. Other states don’t use urine at all. So, if you are suspected of DUI / DWI of alcohol in South Carolina, you will be offered only ONE test, and that will be breath. In Georgia, the officer can choose ANY or ALL types of tests – blood, breath and urine.Like most matters relating to DUI / DWI arrests, issues relating to BLOOD TESTS are controlled by state laws. Each state typically has guidelines stating by whom and how these tests are to be taken, transported, preserved, secured, analyzed, etc. REGULATIONS and statutes (laws) governing collecting and testing “biological specimens” (substances taken from a person’s body) will determine the proper methods in your state. Some states (Florida) have excellent guidelines. Others (Mississippi and Georgia) have dismal laws controlling these matters, making legal challenges by accused persons very difficult to mount.

Texas DWI breath test information

There are three major types of breath testing devices, and each is based on a different principle.Breathalyzer - Uses a chemical reaction involving alcohol that produces a color change
Intoxilyzer - Detects alcohol by infrared (IR) spectroscopy

Alcosensor III or IV - Detects a chemical reaction of alcohol in a fuel cell

Regardless of the breath test type, each device has a mouthpiece, a tube through which the suspect blows air, and a sample chamber where the air goes. The rest of the device varies with the type.

Breathalyzer
To measure alcohol, a suspect breathes into the device. The breath sample is bubbled in one vial through a mixture of sulfuric acid, potassium dichromate, silver nitrate and water. The principle of the measurement is based on a chemical reaction created by interaction between the breath tests and the substances listed.

Intoxilyzer
This device uses infrared spectroscopy, which identifies molecules based on the way they absorb infrared light. As a breath analyzer, the intoxilyzer calculates the BAC based on the absorption of infrared light.

Alcosensor III
or IVModern fuel-cell technology (which may power our cars and even our houses some day) has been applied to breath alcohol detectors. Devices like the Alcosensor III and IV use fuel cells. Police officers can carry portable breath testing devices (like the Alcosensor) that use the same principle as full-size devices. Court cases can turn on the Intoxilyzer 5000 Weaknesses, however, so prosecutors rely on the results obtained from full-size devices.

DWI Laws - DUI Law Enforcement in Texas

There are nearly 1.5 million Driving While Intoxicated (DWI) arrests each year in this country, making impaired driving one of the most frequently committed crimes.

Austin , Texas modified their DWI program in 1999. A key feature of Austin 's program was the development of a full-time team of DWI "specialists." These officers patrol the streets in two-person teams, looking for impaired drivers. They are also available to assist general patrol officers in processing DWI offenders - thus relieving the burden on those officers so that they can return to their patrol duties.

Austin 's program includes enhanced training for officers in DWI enforcement. Rookie officers now accompany members of the DWI team for four weeks to gain hands-on experience in identifying and processing DWI suspects. The unit is under the direction of the Traffic Administration Section.

The enforcement team, is comprised of eight patrol officers and one sergeant, and concentrates its patrol efforts on detecting and apprehending impaired drivers. Each officer assigned to the DWI enforcement unit receives training in administering the Standardized Field Sobriety Tests. They also became certified Intoxilyzer operators, and several have completed a drug recognition course.

While all APD officers receive DWI enforcement training at some point at the APD police academy, many officers have not had recent experience in handling the complicated processing required by this type of arrest. A training videotape was utilized by the Traffic Office to brief all officers assigned to the task force on the proper DWI enforcement procedures. The supervisors of officers requiring additional training notified the Traffic Office for additional training assistance. All DWI task force officers work in uniform and drive marked police units.

The dedicated unit concentrates enforcement efforts on areas where DWI offenses are most likely to occur (e.g., entertainment areas featuring bars and nightclubs) during times when most impaired drivers are on the road (i.e., evenings, weekends and holidays). Typically, the DWI units are dispersed throughout the city, but at times saturation tactics are utilized. In addition to initiating their own alcohol-related arrests, members of the Enforcement Team provide support to regular patrol officers during peak offense times, relieving patrol officers by handling the lengthy processing of DWI arrests.

If asked to assist in a supporting role, the special officer may supervise the process, or may advise at certain points, such as validating the HGN results. Or, if asked, the special officer may completely take over the arrest, which allows the general patrol officer to return to service quickly. In this case, the initiating officer would then be responsible for writing a supplement to the DWI unit officer's report. The supplement to the main report contains the reasons why the general patrol officer stopped the vehicle, what was observed and that the process was turned over to the DWI unit. If there is not a sober occupant in the vehicle to drive it, the general patrol officer may wait for the police wrecker to tow the vehicle.

The entire DWI enforcement unit works every Friday evening. The unit is split with half working Tuesday through Friday evenings, and the remaining working Wednesday through Saturday evenings. The shifts are rotated every four weeks. Reportedly there is a low turnover rate within the unit and several officers have been with the unit for four years. The DWI enforcement unit is not an assigned unit, meaning APD officers must apply for any open positions. The current sergeant for the unit reports that officers serving on the Unit are passionate about making arrests. DWI arrests are one of the few areas in law enforcement where the arresting officers can follow a case from arrest to adjudication.

While all APD officers have, at some point, received training on detecting and arresting DWI offenders, many have not actually handled this type of arrest, or at least not recently enough to feel comfortable about properly handling the complicated procedures and paperwork. If this is the case, general patrol officers, upon stopping a suspected impaired driver, may elect to call in a DWI special enforcement unit officer to support or handle the arrest process. Or new officers with less experience, who do want to handle the arrest, may need assistance, because during the time that rookie officers initially spend riding with training officers, they may never encounter a DWI. When they eventually do detect and stop a DWI suspect, enough time may have passed since their academy training that they may wish to have an experienced DWI officer present to offer guidance and assistance.

In fact, in August 2002, a new aspect of the cadet training program began in an effort to expose new officers to the actual DWI arrest process. Under this program, each area commander sends one rookie officer per week to the DWI unit for a three-week assignment. The first week, each cadet rides with a DWI unit officer and observes procedures and reviews their skills in ad-ministering the roadside tests. On the second and third weeks of their temporary assignment, they ride alone but work with the DWI unit taking hand-off arrests and making some of their own DWI arrests. Therefore the cadets, while learning proper procedures, strengthen the number of officers serving on the DWI unit. The fourth week they report back to their shift at their as-signed area command. By this time, they are familiar with apprehending and processing their own DWI offenders and with taking hand-offs from fellow officers in their area command. This training program should help to maintain, and perhaps further increase, the number of DWI arrests.

DWI Arrests
The number of DWI arrests had been trending down from about 3,500 in 1990 to only 2,200 in 1996, and had been holding steady from 1994 through 1997.

With the start of a part-time DWI task force in 1998, arrests increased to 4,077, an increase of 48 percent over the 2,747 arrested for DWI in 1997. A further increase to 4,500 occurred in 1999 during the transition from the task force to the full-time DWI unit. The arrest rate remained at a high level in the following two years, with only a slight dip in 2001.

Convictions
Conviction rates for DWI cases adjudicated in county courts in Travis County (where Austin is located) increased from approximately 70 percent in 1996 to 77 percent immediately after the start of the program. This 7 percent increase in conviction rates remained in effect through the year 2001.

Texas DWI Laws

What happens after a DWI arrest in Texas?

Administrative License Revocation:
To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension(usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. It is our opinion you should requests the officer's presence at the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.

lst Appearance:
If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually 30 days after your arrest). If you hire an attorney, the attorney can usually make this appearance for you, so that you do not have to attend. During this 30 day period, the case is sent to the County Attorney's office for further investigation. The County Attorney then prepares an information and files this with the County Clerk, and your case is set on the court's docket.

Pre-trial Conference:
Your attorney will discuss your case with the County Attorney to discuss the best possible resolution of your case. This conference will happen about 8-10 weeks after your 1st Appearance date.

Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre-trial conference.

Trial:
You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve.

Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.

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 direction of the Traffic Administration Section, is comprised of eight patrol officers and one sergeant. As a dedicated DWI enforcement unit, the Enforcement Team is able to concentrate its patrol efforts on apprehending drunk drivers. Patrols focus on areas where DWI offenses are most likely to occur (entertainment areas featuring bars and nightclubs, for example) 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.