AUSTIN DWI DEFENSE — WHAT YOU NEED TO KNOW
Texas Penal Code § 49.04 prohibits operating a motor vehicle while intoxicated. A BAC of 0.08% or higher creates a legal presumption of intoxication — but the State still has the burden of proof beyond a reasonable doubt. An experienced Austin DWI attorney attacks that proof at every stage.
You have 15 days to request an ALR hearing. A DWI arrest triggers two separate proceedings: the criminal case AND an Administrative License Revocation (ALR) hearing with the Texas DPS. If you don't request an ALR hearing within 15 days of arrest, your license is automatically suspended.
Texas DWI Penalties — What's at Stake
First DWI offenseClass B misdemeanor — up to 180 days jail, fines up to $2,000, license suspension up to 1 year, DPS surcharges up to $2,000/year for 3 years
Second DWI offenseClass A misdemeanor — up to 1 year jail, fines up to $4,000, license suspension up to 2 years
Third DWI offenseThird degree felony — 2–10 years prison, fines up to $10,000
DWI with child passengerState jail felony regardless of prior record — up to 2 years state jail
DWI with BAC ≥ 0.15Enhanced Class A misdemeanor with ignition interlock device requirement
Intoxication assault/manslaughterThird degree felony (assault) or second degree felony (manslaughter) with prison time
DWI Defense Strategies Our Austin Attorneys Use
1
Challenge the Traffic Stop
Police must have reasonable suspicion to pull you over. If the stop was unlawful, all evidence obtained after it may be suppressed.
2
Attack Field Sobriety Tests
FSTs are highly subjective and affected by medical conditions, uneven surfaces, and officer instruction quality.
3
Question Breathalyzer Accuracy
Intoxilyzer 9000 machines require proper calibration. Equipment issues can invalidate breath test results.
4
Challenge Blood Test Chain of Custody
Blood draws must follow strict protocols. Any deviation creates grounds to challenge results.
5
Negotiate Deferred Adjudication
For first-time offenders, deferred adjudication may result in no final conviction if you complete probation.
What To Do After a DWI Arrest in Austin
Remain silent — you have the right not to answer questions beyond identifying yourself
Do not consent to field sobriety tests — they are voluntary in Texas
Note everything: officer's name, badge number, exact location, time
Request an ALR hearing within 15 days to protect your driver's license
Contact an Austin DWI attorney before your arraignment
Do not discuss your case on social media or with anyone other than your attorney
Frequently Asked Questions
Can a DWI be dismissed in Texas?▾
Yes. DWI cases are dismissed when the stop was unlawful, the breathalyzer was improperly calibrated, or the State cannot prove intoxication beyond a reasonable doubt.
What is deferred adjudication for DWI in Texas?▾
First-time DWI offenders may be eligible for deferred adjudication — completing probation without a final conviction on your record.
Will a DWI affect my job in Austin?▾
A DWI conviction can affect professional licenses, security clearances, commercial driver's licenses, and employment background checks.
How much does a DWI attorney cost in Austin?▾
DWI attorney fees typically range from $2,500–$7,500 for a first offense. The long-term cost of a conviction far exceeds attorney fees.
What is the ALR hearing and why does it matter?▾
The ALR hearing determines whether your driver's license is suspended. You have 15 days from arrest to request one.
Is a DWI a felony in Texas?▾
A first or second DWI is typically a misdemeanor. A third DWI is a third-degree felony. DWI with a child passenger is a state jail felony regardless of prior record.