Defending clients thoughout the Great State of Texas, including; Austin, Dallas, Fort Worth, San Antonio, Houston, and all surrounding counties
About Ben Michael
I'm Ben Michael, and I've been practicing criminal defense law for nearly a decade.
I've worked on cases ranging from DWIs, to assault, drug possession and many more. I won Top 40 under 40 and was named one of the Top 10 Criminal Defense Attorneys in Texas, among many other awards.
After a decade at some of the top Criminal Defense firms in the country, I decided to start Michael & Associates to provide white-glove, high touch criminal defense services with one goal: to get you the best outcome possible.
A Different Type of Defense Attorney
Your Peace of Mind Matters
Being charged with a crime is one of the most stressful things you can go through. That's why we make it a point to explain every detail of our defense strategy, and all the steps that your case involves. Complete transparency.
Call or Text Me Anytime
When we take on a case, you get the a direct line for you to call or text your Senior Attorney. That's the commitment we make to you. Other firms will pawn you off on secretaries and legal assistants, and make you wait days for a callback.
I think that's ridiculous. When I defend you, you get direct access 24/7.
I Fight Til the Death
I legally can't promise outcomes, but what I can promise is that I will fight for the best possible outcome.
Larger, cheaper firms will treat you like a number. They apply the same formula to every case, and unfortunately don't get their clients great results.
Every case is different, so we take an approach specific to your case. Does it take us way more time and effort? Of course, but getting you a dismissal or the best outcome possible is worth it.
We Minimize Court Time
Going to court is stressful and usually not necessary. That's why I do my best to keep the time you have to spend in a courtroom to a minimum. If you don't legally have to be in a courtroom, don't go.
Contact us for a free consultation and case evaluation today.
We Practice All Areas of Criminal Defense in the Austin, TX Area
We handle any type of felony or misdemeanor in the state of Texas - no case is too big or too small.
.01
DUI / DWI
Our most common case type - our goal is to dismiss your DWI, keep it off your criminal record, and keep you driving.
.02
Jail Release
Know someone stuck in jail? We'll get them out in a jiffy (limited to certain counties).
.03
Drug Possession
Charged with possession of a controlled substance? We've done everything from misdemeanors to felonies.
.04
Assault & Battery
Penalties for assault range from a fine, to jail time, to life in prison. Let us help ensure it's not the latter.
.05
Domestic Abuse
Even threatening violence against a household member can lead to serious charges. Let us defend you against whatever you're facing.
.06
Burglary
Burglary is a felony in the state of Texas, and carries severe penalties if convicted. We'll mount an aggressive defense to help keep you out of prison.
Metros We Service
Austin
Dallas
Fort Worth
Houston
San Antonio
Top 0
Ranked Texas Defense Lawyer¹0%
DWIs Resolved without Trial0+
Years Combined Experience0.0
Star Rating on Google0.0
Star Rating on Thumbtack
Awards displayed all won by Ben Michael, Founding Attorney.
Meet Your Defense Team
At Michael & Associates, we strive to hire only the top 10% of Austin criminal defense lawyers who practice our value of Zealous Advocacy. Our attorneys have years of experience with diverse skillsets - trial lawyers, former prosecutors, advanced negotiators - in order to provide you with the best legal representation possible. When you hire Michael & Associates, you don't just get attorney-client relationship with one lawyer - you get the full force of our law firm to defend you.
Ben Michael
Ben Michael is founder and Managing Partner of Michael & Associates, and has nearly a decade of experience in criminal defense here in Austin, TX. He is an experienced criminal defense attorney who has spent nearly a decade of helping those accused of a crime get the best outcome possible. He has successfully defended hundreds clients, handling all sorts of legal issues including DWI, assault, domestic violence, sex crimes, possession of controlled substance, expungement cases, and felony cases.
Ben originally studied political science at University of Florida, and subsequently attended Loyola Law School in Los Angeles. During law school, he clerked at a number of law firms, gaining experience in a variety of areas including personal injury, civil rights, wrongful death, and litigation. After passing the bar, Ben decided to dedicate his life to defending those accused of criminal charges, and eventually became partner at another Austin-area defense firm.
Holly Fox
Meghan Rogers
Andrew Spoon
Andrew's upbringing in Mesa, Arizona, laid the foundation for a distinguished career in law. He graduated with High Distinction from Mesa Community College in 2011 before transferring to Arizona State University, where he earned his B.S. in Political Science Cum Laude in 2013. Subsequently, he pursued his legal education at Baylor Law School, renowned as one of the nation’s top-five trial advocacy schools and recognized for its rigorous clinical litigation program, Practice Court (P.C.).
Following his education, Andrew embarked on a career as a trial lawyer at one of the state’s leading law firms, where he quickly rose to managing attorney. Throughout his career, Andrew has demonstrated unwavering commitment to the highest standards of law practice, advocacy, and zealous representation. Notably, he secured an acquittal for his client in his very first jury trial, with deliberation concluding in just 15 minutes. His courtroom experience spans a diverse range of cases, from Class B misdemeanor DWI to first-degree felonies, providing him with invaluable insights into judicial dynamics and litigation strategies.
Recognized for his innovative approach, Andrew has significantly contributed to advancing legal practice in his areas of expertise, particularly in advocating for clients grappling with mental health issues, prior criminal history, and substance abuse. His dedication to each case stems from a profound belief in the inherent worth of every individual, emphasizing that one's greatest mistake does not define their entire being.
Andrew's reputation for integrity, extensive experience, and critical thinking underscores his professional journey, qualities he continues to bring to Michael and Associates.
Carla M.F. Camarero
Carla is a seasoned attorney who brings a unique perspective to the courtroom, having served previously as a prosecutor before transitioning to a dedicated criminal defense attorney. Carla has honed an exceptional understanding of both sides of the legal system, providing invaluable insights that benefit clients facing a spectrum of legal challenges.
Carla started her legal career at the Travis County Attorney's Office, where she tried dozens of jury trials and specialized in DWIs and assault family violence cases. After almost five years with the County Attorney, she moved to the Travis County District Attorney's Office. At the DA's office, she handled a caseload of various felony charges and was part of a team that focused on vehicular homicides. Carla later joined the Bastrop County District Attorney's Office, where she was the sole prosecutor handling all of the crimes against children and sexual assault offenses for the county. Her experience as a prosecutor equipped her with a deep understanding of prosecutorial strategies and tactics, which she now adeptly employs in defense of her clients' rights and liberties.
Now specializing in DWIs and assaultive offenses as a defense attorney, Carla has successfully defended numerous individuals against a wide range of criminal charges. Her track record of achieving favorable outcomes for clients is a testament to her strategic acumen, courtroom prowess, and relentless advocacy. Beyond her professional achievements, Carla is known for her compassionate approach to client representation and understanding of the profound impact legal proceedings can have on individuals and families. She prioritizes clear communication, transparency, and personalized attention, ensuring that each client receives the highest level of legal representation tailored to their unique circumstances. Her relentless advocacy instills confidence in her clients, assuring them that she will fight for their rights with unwavering determination.
Josh Alexander
Josh is originally from Florida. He received his undergraduate education from Florida International University in 2004 and then attended John Marshall Law School, where he received his Juris Doctorate degree in 2008.
Upon graduating from law school and passing the Florida bar, Josh accepted a position as an Assistant State Attorney at the 7th Circuit State Attorney's Office to gain the trial experience and extensive knowledge required of our often-complicated criminal justice system. During his tenure as a prosecutor, Josh handled thousands of cases ranging from misdemeanors to felonies and tried over 50 cases to verdict. He joined the Michael & Associates team in September 2024.
Charlie Pelowski
Zach Redington
With 20 years of experience defending clients against DWI and other criminal charges in state and federal court, Zach Redington boasts a winning jury trial record. Born and raised in Dallas, Texas, Zach’s approachable manner and affable demeanor have enabled him to build trust and rapport with clients, local judges, prosecutors, and juries. From DWI to sexual assault to the myriad of other potential criminal accusations, Zach approaches each case with a sense of urgency, understanding the duress that criminal accusations can inflict upon the accused.
Zach formerly served as the President of the Ellis County Criminal Defense Lawyers Association (ECCDLA) and was appointed to serve on the State Grievance Committee. He is a speaker and author on criminal legal topics, and published an article in the State Bar Section Report Juvenile Law, Vol. 17, No. 1, entitled, “Juvenile Transfer from TYC to TDCJ: TYC Screening and Judicial Response.”
Zach graduated from the University of Texas School of Law. During law school, Zach earned the honor of serving as an intern in the Texas Court of Criminal Appeals and as a law clerk for a criminal defense lawyer in Austin, Texas. He also participated in the Criminal Defense and Juvenile Justice Clinics in Austin. Zach graduated from Woodrow Wilson High School and received a Bachelor of Arts degree from Wake Forest University.
Joseph Deeb
Bobby Leahey
Attorney Bobby Leahey is a Senior Trial Lawyer at Michael & Associates. He traveled a circuitous path before finally joining the firm. As a child, he split time equally between Texas and California, and ultimately attended the University of California at Los Angeles (UCLA). While at UCLA, Bobby majored in Philosophy, earning his Bachelor's Degree in 2004.
Upon graduation from college, Bobby worked various jobs from management to high school educator. He decided to pursue his lifelong desire to practice law, and attended The University of Miami School of Law, graduating with a Juris Doctorate degree in 2010. Shortly after graduation, he passed the Florida Bar Exam, and relocated to his home state of Texas, where he successfully passed the Texas Bar Exam as well. With a strong desire to help clients accused of crimes, he began his practice in Odessa, Texas, a city with one of the highest crime rates in the country.
James Fletcher
James Fletcher was born and raised in Houston, the son of a Plaintiff’s personal injury attorney. In 2010 he enrolled at South Texas College of Law, where obtained the “high A" marks in both Criminal and Constitutional Law, as well as awards for speaking at Moot Court tournaments. Throughout law school he interned at the Harris County and Galveston County District Attorney’s Offices, ranging from work in misdemeanor courts to vehicular crimes and asset forfeiture.
After law school, James went to work defending citizens accused of crimes for a prominent Houston law firm. He then moved to Austin in 2017, a has been practicing in Travis County and surrounding areas since then.
James is one of a handful of lawyers to achieve the designation of Lawyer-Scientist through the American Chemical Society, which he earned by attending the prestigious Axion forensic training laboratory in Chicago. He has used this knowledge to suppress blood tests and win trials for his clients that stand accused of Driving While Intoxicated. Throughout his ten years of practice James has focused on representing those who cannot stand for themselves against the awesome power of the State. He has tried and won DWI trials across Texas.
James lives in Austin along with his wife Bianca, their perfect daughter Billie, and their senior dog, Justice. He closely follows the NBA, particularly his beloved Houston Rockets. He can be found in his spare time hiking the Bull Creek Greenbelt.
Nathan Ossowski
Born in San Bernardino, California, and raised in the heart of the Golden State, Nathan's passion for justice was ignited during his academic journey. He graduated from the University of Redlands with a degree in government, a pivotal moment that set the course for his future in law.
It was during his time at the University of Redlands that Nathan's interest in the legal profession began to flourish. Inspired by a deep sense of justice and a desire to make a difference, he pursued a career in law with unwavering determination.
Nathan's path to becoming a formidable defender of the accused took shape during his tenure at Temple University School of Law, where he graduated with Rubin Honors in 2014. It was here that he secured a coveted internship with the Philadelphia Public Defender's office, an experience that exposed him to the profound impact a dedicated advocate can have on the lives of those navigating the criminal justice system.
In his pursuit of a comprehensive understanding of the criminal legal process, Nathan also interned at the Philadelphia District Attorney's office, gaining invaluable insights into the workings of both sides of the courtroom. This dual perspective, derived from his experiences on both sides of the aisle, laid the foundation for his future success as a criminal defense attorney.
In 2016, after passing the Texas Bar, Nathan embarked on his legal career in Texas. Since then, he has diligently worked to provide unwavering support to clients facing legal challenges. Nathan approaches each client's case with the utmost professionalism, ensuring that justice is served with integrity and respect.
With an unwavering commitment to safeguarding the principles of justice and a track record of advocating for his clients, Nathan O. Ossowski stands as a beacon of hope and resilience within the realm of criminal defense law. His dedication to the pursuit of justice continues to make a positive impact on the lives of individuals throughout the great state of Texas.
RC Pate
Tommy Stolhandske
Born and raised in San Antonio, Tommy was an all-city basketball player at Churchill High School before down the road to Texas Lutheran University in Seguin. While at TLU, he was a member of the men’s basketball team and a three-time All-American and two-time finalist for the Josten’s National Player of the Year Trophy.
After graduating from TLU and spending a year working in sports marketing, Tommy decided to follow in the footsteps of his father, local attorney Matt Stolhandske, and grandfather, former Bexar County Commissioner Tom Stolhandske, and attend St. Mary’s University School of Law. After becoming licensed as an attorney, Tommy launched his own practice and shared an office with his father and grandfather.
In 2014, Tommy was elected to serve as the Judge of Bexar County Court at Law No. 11 and took office on January 1, 2015. While a trial court judge, Tommy served on the DWI Curriculum Committee, helping develop the judicial training DWI training for judges from throughout the state. Tommy was then nominated to serve on and was later named the Chair of the Texas Center for the Judiciary Curriculum Committee. As Chair of the Curriculum Committee, he oversaw all judicial education curricula until the end of 2022. For the last year, Tommy has served as a Visiting Judge for the 4th Judicial Administrative Region in both County and District Courts in Bexar, Webb, and Atascosa Counties. As a trial court judge, Tommy presided over more than 100 jury trials, the majority being DWI and family violence cases.
In his free time, Tommy can be found volunteering with and coaching his children's volleyball, baseball, and basketball teams. He is a huge sports fan and loves to attend Cubs, Spurs, Avalanche, Longhorn, and FC Barcelona games. Tommy and his family love being outdoors at his Grandparents’ ranch in the Hill Country or spending time at the lake near Seguin.
Andromeda Vega Rubio
Matthew Pospisil
Matthew Pospisil's passion for justice led him to embark on a remarkable journey as a lawyer, driven by his unwavering commitment to fighting for his clients. Initially pursuing studies in Criminal Justice at Sam Houston State University, Matthew's aspiration to join the FBI underwent a profound transformation when he recognized the inherent biases that perpetuate an unjust system, particularly for the accused. Determined to champion the cause of the disparaged, he set his sights on becoming a Criminal Defense Attorney.
Continuing his educational pursuit, Matthew relocated to Houston after graduating from Sam Houston State University, where he enrolled at South Texas College of Law. Immersing himself in the realm of Criminal Law Advocacy, he honed his skills and deepened his understanding of the legal intricacies. During his time in law school, Matthew seized the opportunity to intern with the esteemed Harris County District Attorney's Office, gaining invaluable insights and practical experience.
Upon earning his law degree, Matthew embarked on an inspiring professional path, joining forces with the distinguished Bill Habern. Focusing his expertise on parole and prison law, Matthew devoted himself to giving a voice to the often-overlooked and marginalized individuals within the confines of the prison system. Collaborating with Bill Habern, he dedicated his efforts to navigating the complexities of this challenging field, tirelessly advocating for the rights and dignity of those that society had forgotten.
Eager to return to the courtroom and further expand his legal prowess, Matthew made the pivotal decision to part ways with the Habern Law firm. Seeking guidance and mentorship from the esteemed George Parnham, Matthew embarked on a transformative chapter in his career. Under George's tutelage, Matthew fine-tuned his advocacy skills, showcasing his exceptional talent and achieving a remarkable track record of acquittals and dismissals across a wide spectrum of cases, ranging from minor offenses like possession of marijuana to complex matters such as murder trials.
After spending several fruitful years under George's mentorship, Matthew's exceptional reputation caught the attention of the Dunham and Jones law firm. Recognizing his extraordinary abilities, they handpicked him to serve as a managing attorney, entrusting him with running their El Paso Office.
Matthew's unwavering dedication and remarkable track record of success have cemented his reputation as an exceptional advocate for his clients.
Thomas Murphree
Thomas Murphree is a distinguished senior trial attorney at Michael and Associates, renowned for his unwavering dedication to criminal defense. His exemplary skills and commitment have earned him the prestigious titles of “Texas Super Lawyer Rising Star” and “Top Attorney” (years 2019 - 2023) in Fort Worth and the DFW metroplex, reflecting his standing as a figure in the legal community.
Thomas's journey into law began with a solid foundation in Political Science from Texas Tech University, followed by his graduation from Texas A&M School of Law. Over the past decade, he has honed his expertise in criminal law, navigating the complexities of dozens of high-stakes jury trials in local, state, and federal courts across Texas. His deep understanding of the legal system and his strategic acumen have been pivotal in securing favorable outcomes for his clients.
What sets Thomas apart is his philosophy that a successful defense is built on transparency, honesty, and open communication. He is known for his empathetic approach, taking the time to genuinely listen to each client's needs and expectations. This personalized attention ensures that every defense strategy he crafts is tailored to the unique circumstances of the case, maximizing the chances of success.
Andrew Hughey
Andrew Hughey was born and raised in Dallas and has been practicing law for ten years. His mother was a public defender in Dallas County before she was appointed to be a magistrate judge. He grew up in the Frank Crowley courthouse.
When he earned his law license, Dallas didn't offer many opportunities to try cases -- particularly for fresh-faced prosecutors. Andrew wanted to try cases, so he had to venture about an hour outside of Dallas to Van Zandt County. In thirteen months there, he tried over thirty cases before a jury. And he only lost once.
After completing his stint prosecuting, he returned to Dallas to practice his true passion: criminal defense. Andrew has tried everything from DWIs to murder and is a dynamic presence in any setting. He has practiced in every county surrounding Dallas and made critical connections upon which he relies to achieve unthinkable results for his clients. He loves showing why each of his clients is exceptional. He uses photographs and family anecdotes to help prosecutors, judges, and juries see his clients as real people because it's very hard to say no to a name on paper, but it's very difficult to say no to a real person.
Cole Nettles
In his ninth year of practice, Cole is committed to protecting the rights and freedoms of his clients facing criminal charges. Throughout his legal career, Cole has successfully represented clients in a wide range of criminal matters, including DWI, Murder, and Sexual Assault.
Prior to the practice of law, Cole grew up in the Hill Country area just outside Austin, Texas. He attended The University of Texas-San Antonio for his Undergraduate degree. Following undergrad, Cole attended law school at Texas A&M University School of Law in Fort Worth, Texas. During his time there, Cole worked at many internships to ensure his career got off on the right foot, including The Collin County District Attorney’s Office and The Dallas County Public Defender’s Office.
After graduating, he went straight to work for the Kendall County District Attorney’s Office (just outside of San Antonio), where he handled an entire misdemeanor court on his own and also handled the office’s growing Asset Forfeiture division. Cole always knew that prosecution was a stepping stone to the career he wanted -- criminal defense. After leaving the district attorney’s office, Cole began working for the largest criminal defense firm in San Antonio, quickly rising in the ranks and becoming the Managing Attorney for their San Antonio Office. In this role, Cole supervised ten trial attorneys and over 1,000 clients. He held weekly training sessions for the newer attorneys at the firm so that everyone could sharpen their trial skills and be the best they could be! During this time, Cole also tried over 50 cases before a jury and secured Not Guilty verdicts on many of them.
When he’s not tirelessly advocating for his clients, Cole enjoys spending time and going on walks with his wife, young daughter, and the family dog - Abbie!
Michelle Andelman (of counsel)
A native Dallasite, Michelle Andelman has been practicing law in the Dallas/Ft. Worth area since 1994. She graduated from the University of Texas at Austin with a B.S. in Elementary Education/Math and earned her J.D. at the University of Oklahoma College of Law.
She began her career handling medical and psychiatric malpractice cases at a small boutique firm in the Uptown area of Dallas. In 1996, she joined the Texas Department of Public Safety as a Staff Attorney for the Administrative License Revocation program. She was quickly promoted to Field Supervisor in 1998. During her 11 years at DPS, she handled thousands of ALR hearings for a busy Dallas docket and gained invaluable experience in this area of law.
Since 2007, Michelle has exclusively handled ALR hearings. She relies on her years of experience at DPS to provide the best ALR defense possible, helping us gather vital details about your case to better craft your DWI defense. She has also spoken at numerous continuing legal education seminars on ALR matters in the DFW area and contributed to the ALR chapter in a DWI manual.
In her spare time, she enjoys spending time with her husband and four children, gardening, watching movies, and attending concerts.
Happy Clients All Over Austin
Recent Cases in Austin
Case Dismissed
Charge: Driving While Intoxicated
Location: Austin, TX
Allegations: Client was pulled over after police observed his car swerving. Police alleged client had alcohol on his breath, and failed sobriety test and blood test.
Result: Dismissed after motion to suppress illegally obtained evidence.
Case Dismissed
Charge: Driving While Intoxicated
Location: Austin, TX
Allegations: Client was driving while tired, and pulled over for swerving. She cooperated and passed a sobriety test. Arrested and charged with DWI based on poor driving and smell of alcohol.
Result: Case Dismissed due to Lack of Evidence
Case Dismissed
Charge: Felony Unlawful Carrying of a Weapon
Location: Austin, TX
Allegations: Client arrested at a bar with a legally permitted handgun holster.
Result: Case Dismissed
Popular Practice Areas and Locations
Assault / Family Violence
Recent Posts
Adrian Thomas Found Not Guilty in 2021 Fatal Auto-Pedestrian Collision Read More »
Frequently Asked Questions
About Michael & Associates
What counties can Michael & Associates help in?
Michael and Associates provides defense services in major counties around Austin, San Antonio, Dallas and Fort Worth.
What sets Michael & Associates apart?
Simply put, Michael & Associates gives you two things: the white glove treatment, and the best outcome possible.
There are dozens of lawyers out there that will charge you less and promise you the world. But when you have questions, are they there for you? Are they going to really give each case the best effort? More likely, they are going to take the easiest path forward.
With Michael & Associates, we take on a limited number of cases so that we can treat each one as if it were own.
You get Ben Michael's personal cell phone, and are encouraged to text him anytime day or night. Other firms? You get stuck with a secretary and maybe a call back 3 days later if you're lucky.
Ben will walk you through every step and detail, and make sure that you feel comfortable the whole way through. We get that this is a stressful time, and it's our goal not only to get you the best possible outcome, but to also make this as painless as possible.
What types of cases can Michael & Associates help with?
Michael & Associates takes on pretty much all types of felony and misdemeanor criminal cases, including the following:
- DUI / DWI
- Possession of a Controlled Substance
- Assault & Battery
- Family Violence
- Domestic Abuse
We do not do:
- Traffic Law
- Family Law
- Immigration Law
- Civil Law
What jurisdictions does Michael & Associates practice in?
We're licensed to practice throughout Texas, and take cases in most counties in the Austin, San Antonio, Dallas, Fort Worth, and Houston Areas.
Below is the comprehensive list of counties we are currently taking cases in.
-Atascosa
-Bandera
-Bastrop
-Bell
-Bexar
-Blanco
-Brazoria
-Caldwell
-Collin
-Comal
-Coryell
-Dallas
-Denton
-Ellis
-Fort Bend
-Galveston
-Gillespie
-Guadalupe
-Hays
-Kendall
-Lampasas
-Llano
-Medina
-Milam
-Rockwall
-Tarrant
-Travis
-Williamson
-Wilson
Criminal Law in Austin
What are the types of criminal assault charges in Texas?
Texas law states that a person commits assault if they:
- intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
- intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
- intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Additionally, there is a difference between simple and aggravated assault.
- Simple Assault is when someone intentionally, knowingly or recklessly threatens bodily injury to a person.
- Aggravated Assault is when someone causes serious bodily injury or uses a deadly weapon during the assault.
Additionally, if the victim is a certain type of person - such as a child, a disabled person or an elderly person - the charge can vary.
Assault cases are not one-size fits all, so we recommend you get a free case review in order for us to better advise you.
When can someone be charged with domestic assault in Austin?
Domestic assault, as defined by Texas Penal Code 22.01, is the same definition of assault but directed to a family member, household member, or someone that person is in a dating relationship with.
Driving While Intoxicated in Austin
What is the legal limit for drunk driving in Austin?
In Austin, Travis County, and the rest of Texas, any driver caught with a blood alcohol content (BAC) of 0.08% or higher can be charged with driving while intoxicated. BAC is a measure of what percent of your blood is made up of alcohol.
The number of drinks that will put you at a BAC of 0.08% depends on a number of factors, including the strength of the drinks, the time passed since consuming, your gender, your weight, and your tolerance.
What are the penalties for a DWI in Austin?
In Austin, the penalties vary based on how many offenses you have had.
First Offense
- Up to a $2,000 fine
- Up to 180 jails upon conviction, with three mandatory days in jail
- Loss of driver's license for up to a year
Second Offense
- Up to a $4,000 fine
- One month to a year in jail
- Loss of driver's license for up to two years
Third Offense
- A $10,000 fine
- Two to ten years in prison
- Loss of driver's license up to two years
Additional penalties apply if driving with a child passenger, which include:
- Additional fines up to $10,000
- Up to two years in jail
- Additional 180 days of driver's license suspension
What should I do if I'm pulled over and accused of drunk driving?
For starters, pull over immediately and safely. Do not attempt to evade the police as you will likely fail to outrun them and will face further charges.
Once the officer approaches your vehicle, be extremely polite and obedient. The officer will first ask for your license, registration, and proof of insurance. Tell the officer where these are located, and slowly move to retrieve these items.
Officers will typically ask if you know why they pulled you over. Simply say "No Sir" or "No Ma'am". Because in court, an officer must have a reason to justify pulling you over. So you don't want to admit to the officer that he or she had a good reason.
You have the right to refuse both a field sobriety test and a preliminary breathalyzer test. If you believe you will fail, it is a good idea to refuse these. Simply state that you are not comfortable doing these, and would like to speak with your attorney before doing so. Always assume you are on video, so be as polite and even-keeled as possible.
You may still be arrested on the grounds of slurred speech, alcohol smell, or bloodshot eyes. Once arrested, you will likely be asked to take a blood or breath test to establish BAC. If you do refuse, you are subject to a license suspension. However, if you fail the test, you are also subject to a license suspension. In either case, a lawyer can help you fight this.
The officer may obtain a warrant to compel you to take the test, but this takes time.
Always remain silent during questioning, and contact an attorney at the first chance you get.
Should I fight my DWI?
Yes, you should never plead guilty or give up when charged with a DWI. Whether it's your first or third DWI, fighting it will almost always yield a better outcome for you.
General Legal, Jail, and Court Procedures
What do I do if I'm arrested and put in jail?
Once someone has been arrested, placed into custody, and charged with a criminal offense, they typically will have to post bail by. paying the full amount or by paying a bondsman to get them out. In some cases, you may be able to be released without bond or with an unsecured bond.
The best thing to do if arrested is to contact a lawyer at first chance possible. Do not give any details of what occurred, as these can be used against you later. Simply tell your lawyer what you were charged with, and follow their instructions.
What rights do I have when police question me?
First off, you should never resist arrest. Resisting arrest can lead to more charges. You should comply with their orders and provide identification if asked.
When questioned about anything related to a crime, simply state that you are not comfortable discussing until you have an attorney present.
Many police offers will attempt to make you seem guilty or try and convince you to speak before consulting an attorney. Remember that anything you say can be used against you later on, so it's best to wait until you have an attorney present.
Do police have to read me my Miranda rights? What if they did not?
Police do not have to read you your Miranda rights in order to detain you, arrest you, or charge you with a crime.
However, police are required to read you Miranda rights before questioning you. These rights include:
- The right to remain silent
- The right to have an attorney present during questioning, and if you can't afford one, to have a court-appointed defense attorney
- Anything you say can be used against you in a court of law
Whether you were read your rights or not, it is best to speak with a lawyer who is knowledgable about your rights, and to always have a lawyer present during any questioning.
¹ Ben Michael has been ranked as a Top 10 Texas Lawyer by as evidenced by the following awards: 10 Best Attorney by the American Institute of DUI / DWI attorneys (2022), Top 10 Criminal Defense Attorney by Attorney and Practice Magazine (2022)
500 W 2nd St Suite 1900, Austin, TX 78701