88 Reviews
4.9 Star Average

420 Reviews
5.0 Star Average

11 Reviews
5.0 Star Average

"Mr. Bennett is a phenomenal attorney"

"Mr.Bennett is a phenomenal attorney that shows great care and diligence to his work. As my first attorney, he assured me that he'll take care of everything and anything, indeed he did as my case has been dismissed! If you ever find yourself in any criminal trouble, Kevin Bennett is the attorney to call!"

- Jediahel, a Google user

"He knows the laws and what to expect out of the judges."

"We were incredibly pleased with Kevin's help. He knows the laws and what to expect out of the judges. The case proceeded as Kevin had explained to a happy resolution on our part. There were no surprises and no hidden fees. Kevin was very responsive, going out of his way to keep us informed."

- Elizabeth, a Google user

"I can attest that he lives up to his good reviews."

"I found Kevin just by googling Austin area attorneys and reading reviews. Kevin's law office had excellent reviews and after using his services I can attest that he lives up to his good reviews. Kevin was very responsive and communicated every detail to me and what I should expect during the process. Would certainly recommend his services to others."

- Cameron, a Google user

CASE RESULTS

CASE DISMISSED

Charge: Driving While Intoxicated - DWI 2nd

Result: Dismissed After Motion to Suppress Illegally Obtained Evicende Granted.

Allegations: Client pulled over after swerving several times into adjacent lane. Client had strong odor of alcohol, slurred speech, bloodshot and watery eyes and was swaying. Client failed all field sobriety tests and admitted to consuming alcohol. Search warrant was issued for client's blood. BAC of .11. Client faced enhanced DWI charge due to prior DWI conviction.

CASE DISMISSED

Charge: 3rd or Subsequent Felony Driving While Intoxicated

Result: Motion to Suppress Evidence Filed. Case Dismissed.

Allegations: Police observed Client stopped on side of road at 3:19 A.M. Client drove away when police approached. Client had strong odor of alcohol, slurred speech, bloodshot eyes, watery and glassy eyes. Client admitted to drinking. Search warrant for client's blood issued. BAC was almost twice the legal limit.

CASE DISMISSED

Charge: Felony Unlawful Carrying of Weapon in Prohibited Place

Result: Felony Case Dismissed; TSA Case Successfully Resolved

Allegations: Client arrested at Austin Airport. Airport security found loaded firearm in carry-on luggage.

WHY HIRE US?

I care about your case as much as you do.

I take the defense of your case personally. You are not just a name or case, but a real person who is depending on me for help when you need it most. Your future is my priority....continue reading

Results matter.

Kevin has a proven track record of getting hundreds of cases dismissed, reduced and/or expunged. Kevin works tirelessly to examine each case and to tailor a defense meant...continue reading to work to your advantage and to produce results.

Limited case load and no court-appointed cases.

While many attorneys pride themselves in the number of clients they sign up, I intentionally limit my case load. This allows me to devote the time and energy necessary...continue reading to providing the dedicated defense that is expected of me.

I exclusively practice criminal defense and only take cases in Austin, Travis County.

There are many different areas of law. I further my education and hone my skills in only one area of law, criminal defense....continue reading This is not true of many lawyers who would happily agree to represent you.

Dedicated and experienced defense for a reasonable fee.

Aggressive representation and skilled defense for a reasonable fee. I offer payment plans so that you can afford your defense....continue reading

REQUEST YOUR FREE CONSULTATION

CRIMINAL CASES WE HANDLE

Domestic Violence

Driving While Intoxicated / DWI Defense

Expunctions / Record Sealing

Violent Crimes

Weapons Charges

VIEW ALL PRACTICE AREAS

attorney Kevin Bennett sitting at his desk

Being arrested for a crime can be one of the most overwhelming experiences an individual can face. In Texas, the consequences of a criminal charge can be everlasting. Not only could a person face imprisonment and steep fines, but he or she could lose driving privileges and professional licenses. Additionally, a conviction could mean difficulty securing employment.

If you have been charged with an offense in Texas, retaining a skilled criminal defense attorney should be one of your top priorities.

Kevin Bennett is a skilled defense lawyer in Austin with over a decade of experience in criminal law. He is dedicated to protecting the freedom of Texans who are facing serious criminal accusations.

Do not suffer alone. Put your case and your future in the best hands. Get in touch with Kevin Bennett at the Law Office of Kevin Bennett. He knows how to obtain favorable results in even the most complex cases.

READ KEVIN'S FULL BIO

DEDICATED TO DWI DEFENSE

Attorney Kevin Bennett focuses a significant portion of his practice on defending those accused of drunk driving.
He is experienced in handling every aspect of a DWI case. Learn more about each of ther following factors:

ALR Hearing

ACT QUICKLY!

From the date of your arrest, you only have 15 days to request an administrative license revocation (ALR) hearing. This hearing is the only way to save your license.

Under Age 21

CDL Holders

UNDERAGE & COMMERCIAL DRIVERS

Juveniles and drivers of commercial vehicles are held to stricter standards. The legal limit for impairment is only .04 BAC for CDL holders. Those under the age of 21 are considered DWI if any amount of alcohol is detected.

SOBRIETY TESTING METHODS

There is a science to challenging the methods utilized by law enforcement to test for impairment. Learn more about defending allegations of intoxication involving these tests:

Breath

Blood

Field Tests

Refusal

LEARN MORE

Learn more about DWI defense, including the potential penalties and defense strategies and other issues such as: aggravating factors, substances, modes of transportation, the impact on certain people and possible solutions.

LEARN MORE ABOUT DWI DEFENSE

BLOG & VIDEOS

SXSW Leaves Town

Comparing Criminal Charges: Misrepresentation of Age, Possession of a ...

Permitless Carry Bill Allows Expungement of Unlawful Carry of a Firear...

REQUEST YOUR FREE CONSULTATION

Use the form below to request a free and confidential consultation with attorney Kevin Bennett. For your convenience, we can provide consultations in person, over the phone, or via video conference.

OUR LOCATION:

1411 West Ave #100
Austin, TX 78701

map + directions

*office visits by appointment only

PHONE: (512) 476-4626
Attorney on call 24/7

AUSTIN CRIMINAL DEFENSE LAWYER

When the handcuffs click behind you, your life could change in an instant. Whether a felony or misdemeanor a criminal charge can have a serious impact on your career, family, finances, and future. You could be facing a total loss of liberty if you are sent to jail or prison. You could face crippling fines. You could even have a criminal record that haunts you for the rest of your life, keeping you from getting the job of your dreams.

With such severe consequences on the line, it’s vital you exercise your right to an attorney like the talented and reputable Kevin Bennett of The Law Office of Kevin Bennett. It is essential that you have a skilled, aggressive advocate challenging the prosecution’s evidence, who will work tirelessly to build a strong defense on your behalf and who will seek the best results for you.

Austin Criminal Defense Lawyer

Throughout his career in criminal defense work, Kevin Bennett has learned firsthand that good people can sometimes make bad mistakes and that individuals are often falsely accused of wrongdoing. These errors do not mean, however, that an individual should spend the rest of their life paying for them.

If you have been accused or charged with an illegal offense in the Travis County area, it is highly recommended that you gain legal representation. Penalties for criminal convictions can range from large fines and probation to lengthy prison terms. It is important that you have reliable legal counsel and stay informed during the court process by a trusted professional. Take the first step in your defense today and call Kevin Bennett. He has taken on all types of criminal cases including assault, drug crimes, domestic violence offenses, among many others.

Attorney Kevin Bennett has over 17 years of experience practicing solely criminal defense. As a native Austinite, he is passionate about defending his fellow peers. Over the years, he’s gathered valuable knowledge and built pivotal relationships by practicing solely in the Austin and Travis County area. He also has an in-depth understanding of both the law and the landscape of Travis County courts, which is how he’s garnered an impressive track record of charged reduced, dismissed, sealed, or expunged.

Travis County DWI & Defense Firm

Austin criminal lawyer Kevin Bennett practices defense with a special focus in DWI. Driving while intoxicated (DWI) in the State of Texas is one of the most commonly committed crimes, but still carries life-changing penalties that could disrupt a person’s future trajectory. Many people struggle with the consequences of DWI years after conviction due to how severe they are. Kevin Bennett understands this, which is why he is so dedicated to fighting DWI charges for his clients. He can utilize his many years of practice, skills, and resources to cast doubt on the prosecution’s argument and defend your rights. Whether it’s your first DWI or it’s a felony DWI offense, Kevin Bennett is more than prepared to take on your case.

Mr. Bennett finds it rewarding to represent all types of people during what is often considered the most stressful time of their lives. With Kevin Bennett on your side, you can finally find the guidance and answers needed to fight the criminal accusations levied against you. To learn more, call The Law Office of Kevin Bennett office today at (512) 476-4626.

Frequently Asked Questions (FAQ)

Below you will find answers to many of the most common questions people have asked attorney Kevin Bennett.

How do I get out of jail?
Once someone has been arrested and charged with a criminal offense they are arrested and detained in jail. In order to get out, the accused will have to post bail by either paying full amount in cash or getting a bondsman to bail them out.
- Cash bond- can be paid personally by detained person or they can have someone pay the bond to the jail on your behalf.
- Bail bondsman- a person or agency that provides a bond for someone who is in jail. The agreement is between the county and the bonding company who agree that the defendant will appear at all future court dates. There is also an agreement with the Bond Company and defendant that they will check in regularly and attend all court dates. Most people chose this option because you are normally only required to pay 10-20% of the bail amount.
  - Example bond set at 1,000. The defendant will be required to pay $100-$200.
Is there a warrant out for my arrest?
You're driving down the highway and get pulled over to find out that there is a warrant for your arrest. You had no idea that you had one but now you're concerned about whether you will be facing a criminal charge.
- The first thing to do is contact a local bondsman to run a check on your name to view any outstanding warrants. A lot of bondsmen provide this service for free.
- Common reasons for warrants may include:
  - Outstanding traffic tickets.
  - Missed court dates.
The purpose of a warrant is to bring a person to court before a judge. The judge can order fines, suspend your license and other penalties. So warrants should not be brushed off and should be dealt with immediately.

Speaking with an experienced attorney at The Law Office of Kevin Bennett can help you sort things out so that you aren't inconvenienced by a warrant. If not taken care of properly the consequences of having a warrant can be very serious.
Do I have any rights when police question me?

You have to comply with the investigation meaning that you shouldn't resist arrest. If they ask for your identification, give it to them. Do not admit guilt to any crime that law enforcement accuses you of. Just mention that you do not want to speak with anyone until you have an attorney present. A goal of many Police officers is to charge someone with a crime and get them arrested. They have ways of making even innocent people seem guilty. Anything you say during an investigation can be used against you in court.
I didn't get read my Miranda Rights. Was my arrest Illegal?
Police do not have to read you Miranda rights if they have not initiated questioning with you. Under the 5th amendment, it is your right to not incriminate yourselves. If they start an interrogation, they have to read you your rights.
- These rights are:
  - The right to remain silent.
  - The right to an attorney during questioning (If you cannot afford one, one will be appointed to you)
  - Anything you say can be used against you in the court of law.
The Miranda rule can be complicated and it is best to speak with a lawyer who is knowledgeable about your rights.
What is the purpose of hiring an attorney if I know I will be found guilty?

The purpose of hiring an attorney at The Law Office of Kevin Bennett is to get the best possible outcome for your case. Handling things yourself will not yield the best possible outcome because you are not an experienced lawyer and you likely do not know how the court systems operate.

When you retain an attorney at The Law Office of Kevin Bennett you can rest assured that they will be working to get you a favorable outcome. An attorney can get you on probation or pretrial diversion in order to keep you out of jail. If this is your first offense it may be eligible for expungement which means that no record of this offense will be on your record.

A lawyer at The Law Office of Kevin Bennett will also review your case to make sure that law enforcement followed proper procedures to arrest you. A criminal conviction can cause you to lose jobs, lose your apartment, lose financial aid if you are in school and many other things. It should be taken seriously and you should hire an attorney as soon as possible so that they can start working on your case immediately.
What is the difference between probation and deferred adjudication?
- Probation is the community supervision of an offender that is served outside of the traditional jail system. The terms of probation vary depending on the individual, the state of the offense, and the crime. An offender placed on probation has a set of conditions that they must abide by during this period. Examples of some conditions would be having to submit to drug test once a month, completing a certain amount of community service hours, refraining from firearms, abide by a curfew, and having to take drug/alcohol addiction classes. Probation is available for both felony and misdemeanor probation in all 50 states in the United States and typically granted for first-time offenders or crimes that aren't very serious. Once you complete probation your records cannot be sealed or expunged like in deferred adjudication.
- Deferred adjudication is a sentence that is completely diverted out of the court system. This is usually offered to first-time offenders. If the person completes the term successfully they are able to get the conviction off of their record and they will have no finding of guilt. If a defendant wants to go to trial they will not be allowed to get deferred adjudication. The courts offer this because with rising cost of prison's and high rates of incarceration it is more efficient to handle less serious offenders outside of incarceration.
  - Ex: Someone who has no criminal record gets arrested for shoplifting out of Walmart; they might get on deferred adjudication. If they do not follow through with all terms set forth for them they will have to appear before a judge and their sentence will probably be revoked and a new punishment will have to be completed.
What is Pre-Trial Diversion?

Pre-Trial diversion is supervision that is offered to first-time offenders in Texas during prosecution of their crimes. It allows offenders to pay for what they have done without having a conviction on their record.

The impact of being arrested for the first time can be very scary and each the terms of each program is personalized to each case. Since the case is diverted out of the court system, offenders do not have any court fines.

Call The Law Office of Kevin Bennett so that we can go over your options and see if you are eligible for Pre-Trial Diversion. If you complete this program and get an expunction you can legally deny the occurrence of the arrest or criminal case.
Can the police search my car?

Yes, the police can legally search your car if they believe your vehicle has evidence that a crime has been committed or will be committed. They also have the right to search if something is in plain view sight which gives them probable cause to believe evidence is in the vehicle. An example of this would be an open alcohol bottle in the passenger seat of your car or a gun in your car that is in plain view. If you have been arrested or your car has been impounded they can search your car. If you give consent they can also search. You have the right to say no but if they meet any of the standards mentioned above they will probably still search anyways. The police might be able to get a warrant to search if you refuse.

An example of this would be an open alcohol bottle in the passenger seat of your car or a gun in your car that is in plain view. If you have been arrested or your car has been impounded they can search your car under the "incident to arrest" exception to the warrant requirement. If you give consent they can also search. You have the right to say no but if they meet any of the standards mentioned above they will probably still search anyways. The police might be able to get a warrant to search if you refuse.

If you give free and voluntary consent, then the police can conduct a search without a warrant. You have the right to say no but if they meet any of the standards mentioned above they will probably still search anyways. The police might be able to get a warrant to search if you refuse.

If no exception to the warrant requirement applies, then the police must get a warrant or the search is illegal. If the search is illegal, then your attorney can file and litigate a motion to suppress any evidence seized so that it cannot be used against you at trial. The police might be able to get a warrant to search if you refuse.
How many drinks is a 0.08 blood alcohol concentration (BAC)?

Alcohol blood concentration's only rise when you drink alcohol at a faster rate than your body can eliminate it. The human body considers alcohol to be a poisonous substance. Once you ingest alcohol, your body will try to remove it. Your BAC is based on your size, statute, and other factors. An average 150-pound man has a BAC of 0.08 percent after drinking four 12 oz. beers.
What should I do if I get stopped for drinking?

It is important that you are polite and follow instructions, but do not say any more than you need to. Make sure that you provide proof of a valid driver's license, insurance, and registration for your vehicle. It is recommended that you have these ready by the time the police officer approaches your car. The police officer will evaluate you through observation to determine if you are too impaired to drive. If he or she asks if you have been drinking, you will have a choice to admit to drinking or not. If you say yes or you say no and the officer still suspects you are impaired, he or she will usually ask you to exit the car and do a quick assessment of your sobriety. After asking you to submit to field sobriety tests, the officer may ask you to do some chemical testing.
How accurate are Field Sobriety Tests?

The National Highway Traffic Safety Administration (NHTSA) designed the standard field sobriety tests. There are three tests, the Horizontal Gaze Nystagmus, the Walk and Turn, and the One Leg Stand. If all three are done in a standardized manner (which is not always the case), the Horizontal Gaze Nystagmus is 77 percent, the One Leg Stand is 65 percent, and the Walk and Turn is 68 percent accurate. These NHTSA statistics indicate that up to 35 percent of the people tested are inaccurate. This does not even incorporate police officers who do not follow the standardized procedures and individuals who suffer from injury or disability.
What factors can affect my performance on a Field Sobriety Test?
Sober people have difficulties with the field sobriety tests. The National Highway Traffic Safety Administration has released several factors that affect people during field sobriety tests including:
- Fatigue
- Anxiety
- Inner ear disorders
- Back problems
- Leg or knee problems
- Weather conditions
- Allergies
- Weight
- Lack of coordination
- Traffic distractions
- Police car lights
- Footwear
- Age
- Being sick
- Certain disabilities
- Road or sidewalk conditions
Should I perform a field sobriety test(s)?

Most criminal defense attorneys will advise you to not perform a field sobriety test. Texas law does not require you to perform field sobriety tests. You should consider your physical, mental, and balance limitations before you say yes to do any of these tests. Some sober individuals cannot even finish these tests, so it can end up hurting you in the future.
Should I take a breathalyzer test?

It is highly recommended by most criminal defense attorneys that you do not take a breath test. Many would consider breathalyzers occasionally flawed and unreliable in measuring impairment and alcohol concentration. Texas State Law indicates that any person who does not submit a blood, urine, or breath sample may lose their license for 180 days or longer. You will possibly be arrested in addition to this. However, it is important to note that most people who refuse to end up with lower court costs, different bail conditions, and a much higher chance of winning their case.
I did a breathalyzer test and failed, can I still contest my results?

If you are working with a practiced criminal defense attorney, yes. Many breathalyzers are inaccurate and are outdated for measuring blood alcohol concentration. In addition to this, there are many factors that can cause abnormal results on a breathalyzer or other chemical tests. For instance, it has been reported that Atkins dieting, dental work, and people who are exposed to chemicals in their day-to-day work, can create a high result in a breathalyzer test.
When Can Someone be Charged with Domestic Assault?

According to Texas Penal Code § 22.01, an individual can be charged with domestic assault if they intentionally, knowingly or recklessly cause bodily injury, threaten or physically contact a family member, household member or person they are in a dating relationship with.
Why Should I Hire an Attorney? The Victim Wants to Drop the Charges.

There is a serious misconception by defendants that an assault case can be dismissed by the alleged victim or that they can drop the charges. Although it certainly helps with the defense of the case when the alleged victim does not want the case prosecuted, it is only one aspect of the case.

Domestic violence cases are prosecuted every day in Travis County and in Texas courts despite the fact that the "victim wants the charges dropped." The best way to defend your case and increase your chances of having the charges dismissed is to hire a good criminal defense lawyer who regularly handles family violence cases in Austin, Tx.
What Is the Definition of a Family Member in Texas?

Domestic assault allegations often arise when an individual commits an assault against a family member. A family member is defined under Texas law as anyone who related by blood or by marriage, former spouses, parents of the same child, foster parents, and step-parents.

An individual can also be charged with domestic assault if they commit an assault against a household member. Texas law defines a household member as anyone who resides or previously resided in the same home, such as roommates.