Law Office of P. David Wahlberg 1208 West Avenue Austin, TX 78701
Immediately after earning a bachelor’s degree, David Wahlberg was drafted into the United States Army. Upon discharge from the Army David was admitted to the University of Texas School of Law, where his primary focus was on criminal law. He was one of the first participants in the Law School’s Criminal Defense Clinic. After earning a Juris Doctor in 1976, David opened an office with several classmates and began representing a wide spectrum of people and businesses.
David has limited his practice to criminal defense and related matters since the mid-80’s. For more than twenty years David has been Board Certified in Criminal Law by the Texas Board of Legal Specialization. Board certification requires qualification, peer review, testing and regular re-certification.
David Wahlberg is a long-time member of the Texas Criminal Defense Lawyers Association and is a founding member of the Austin Criminal Defense Lawyers Association. David is a popular speaker at continuing legal educations seminars and regularly speaks on topics such as DWI defense, trial tactics, jury selection and ethics.
P. David Wahlberg is A-V rated by Martindale-Hubble and has been named a Texas Superlawyer by Texas Monthly.
David Wahlberg understands that most people know little more about criminal law than what they see in the media and that facing a criminal accusation may be an unnerving prospect. David’s knowledge of the law and extensive experience can help you.
David characterizes his approach to criminal defense as:
Investigate Evaluate Negotiate Litigate
Only a small percentage of cases actually go to trial but David Wahlberg believes each case should be developed as though trial will be required. This level of preparation is most likely to achieve the best results.
As a person accused of a crime, you must make critical decisions affecting your future. You can make the right decisions only if you have a good understanding of the law and how it works in your particular situation.
David Wahlberg understands that only a lawyer who takes the time to know the client and learn the relevant facts will be able to achieve the optimum outcome. This approach requires collaboration between lawyer and client.
Texas law defines “driving while intoxicated” as operating a motor vehicle in a public place while intoxicated. For these purposes, “intoxication” means the person has lost the normal use of his mental or physical faculties due to the introduction of alcohol, and/or drugs into the body; or having a blood alcohol concentration of .08% or higher. Boating and flying while intoxicated are basically the same except for the vehicle; DUI is an offense relating to individuals under the age of 21 who operate a motor vehicle with any detectable amount of alcohol in their system.
A first offense DWI is a Class B misdemeanor (up to six months in jail and a fine of up to $2000). A second offense is a Class A misdemeanor (double the possible penalties) and a third offense is a Third Degree Felony ( 2 – 10 years in the pen and a fine of up to $10,000).
In the past 20+ years, DWI enforcement has changed dramatically. Every session of the Legislature toughens DWI-related statutes. Today, involuntary blood draws and other techniques are increasingly more common. Travis County leads the state in DWI arrests.
In addition to the direct consequences of a DWI conviction, the collateral consequences are quite severe. Nearly every DWI arrest also entails the seizure of the drivers’ licenses and a civil proceeding by which the Department of Public Safety seeks to suspend your drivers license. This administrative license revocation is time sensitive (demand for a hearing must be made within 15 days from the date on which the license was seized) and can result in the loss of your drivers license for an extended period, depending on whether you gave a specimen and whether you have prior DWI arrests. In addition, a conviction for DWI will result in a surcharge on your license ($3000 for the first offense; more for high blood alcohol levels and/or prior convictions). A DWI may result in loss of employment or cancellation of your auto insurance. Any subsequent enforcement contacts will be more difficult.
Because the direct and collateral consequences of a DWI may be so severe, it is extremely important that you are represented by a lawyer who is knowledgeable and experienced in the subtleties of field sobriety testing, the problems with breath and blood testing and the practicalities of trial. Your lawyer should know the prosecutors and judges involved. Obtaining a “not guilty” verdict, a dismissal or a reduction of charges will save you thousands of dollars and untold complications.
P. David Wahlberg can help you.
COMMONLY ASKED QUESTIONS AND ANSWERS
TYPE OF CASES MY FIRM HANDLES I handle many types of criminal cases including Drinking and Driving (DWI / DUI) and Traffic Offenses.
YOU SHOULD HIRE ME IF: You want an experienced trial attorney who will personally handle your file. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
IF YOU WANT TO TELL MY LAW FIRM ABOUT YOUR SITUATION YOU SHOULD: I will personally communicate with you. If I am in Court when you call, you can leave a message with my receptionist. I personally guarantee you will hear back from me in 24-hours or less. My office phone is (512) 474-2315
MY CLIENTS WILL TELL YOU THAT: My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition, my personal and regular contact with clients, availability and involvement with every aspect of the case allows me to obtain the most favorable results.
MY PHILOSOPHY ON HOW I APPROACH EACH CASES IS: Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
IF YOU WANT TO LEARN MORE ABOUT MY FIRM YOU SHOULD: Call for a consultation at (512) 474-2315, during which I can answer all of your questions..
