In our Texas lawyer FAQ, we answer your most frequently asked questions about our practice and the Texas legal system.

How do I find the right Texas lawyer for me?

Funny you should ask! James and his colleague Ward Davison have written an easy-to-read article on that topic for the Texas Bar Journal titled “The Perfect Match: How to Choose the Right Lawyer for the Job.”

Do you accept credit cards?

Yes, we accept major credit cards and can set up payment plans. We also offer a free initial consultation with James Gill so you can discuss your case without pressure or obligation.

What is the Texas law on intoxication?

Legally speaking, intoxication is a lower limit than drunk. As defined by the DWI statute, you are intoxicated when you have lost the “normal” use of either your mental or physical abilities to drive because of use of alcohol, drugs, and/or controlled substances. You are also considered intoxicated if your blood alcohol content is at .08 or more.

How trustworthy are the police methods used to figure out alcohol intoxication for DWIs?

Under Texas law, the police test alcohol intoxication by analyzing your urine, blood or breath. None of these methods is 100% trustworthy. Urine testing is the least reliable, breath testing is the subject of heated debate and blood testing is the most trustworthy but least convenient.

In Texas, breath testing is done with a device known as the Intoxilyzer 5000, which critics say can give misleadingly high readings and can throw a false positive because of other common substances often found in human breath.

I got arrested for a DWI. Can I get out of jail?

If you are arrested at night for a DWI, you need an Austin DWI lawyer to get your jail release. Most first-time DWI bails are set between $1500 and $3500 if your record is clean. Judges are usually working to set bail amounts between 7 AM and 1 AM, so if you are arrested after 1 AM, you may have to wait until the next day or even the next afternoon for a judge. We recommend you contact a DWI lawyer immediately.

How do I get out of jail for other charges?

Please see our theft, assault, DWI, felony assault family violencejail release, and Travis County jail pages.

What are the consequences of POM (possession of marijuana)?

Possession of less than two ounces can lead to 180 days in jail and a $2000 fine. More than two ounces of marijuana means doubled penalties or more, with felony possession of marijuana kicking in at anything more than four ounces. If you are facing POM charges, see our Austin marijuana lawyer page.

What are James Gill’s qualifications?

As you can see from his biography, James is a leading Texas lawyer with solid experience in several fields of practice. James has his J.D. (law degree) from UT Austin and has studied at Southwestern University, South Texas College of Law, the University of Victoria (New Zealand) and the University of Malta. James serves as the Austin Area DWI Chair for the Texas Criminal Defense Lawyers Association and is a member of the Austin Criminal Defense Lawyers Association and the National College for DUI Defense.

For more information, see James’ glowing reviews on Yelp and Google.

What is a criminal attorney?

Please see our Texas lawyer glossary “criminal attorney” entry.

What’s involved in an assault charge? Is it true that I can go to jail just for touching someone?

Please see our Texas lawyer glossary “assault charges” entry.

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