Austin DWI Attorney
You Only Have 15 Days to Request a DPS ALR Hearing.
Need an Austin DWI attorney? A DWI arrest is scary—but you are not powerless. Our firm practices exclusively in criminal and DWI defense. Whether this is a first arrest or a potential felony DWI, we work fast to protect your license, freedom, and future. We have obtained dismissals in DWI cases at every level.
What happens first: (1) We assist with jail release, if needed; (2) We request your Administrative License Revocation (ALR) hearing within 15 days (time sensitive); (3) we secure all videos, reports, and test data; (4) we begin suppressing weak evidence and building your defense strategy.
What is “probable cause” in a DWI arrest?
Officers must have reasonable suspicion to stop a vehicle and then develop probable cause before an arrest. They often rely on traffic violations, driving behavior, the odor of alcohol, field sobriety tests, and breath/blood results. Mistakes in any step—improper stop, flawed testing, medical issues, or bad instructions—can undermine the case.
Practical tip: You have the right to remain silent. Be polite, provide your ID/insurance, and avoid making admissions about drinking or medications. If you’re being investigated, ask for a lawyer.
Texas DWI charge levels & penalties (plain‑English guide)
Penalty ranges vary with your record, test results, and case facts. Here’s the high‑level overview the court system uses:
- First DWI: typically a class b misdemeanor (minimum 72 hours jail on the books). If your alcohol concentration is 0.15 or higher, the charge is enhanced to a class a misdemeanor.
- Second DWI: usually a class a misdemeanor with tougher ranges and conditions.
- Third or more DWI: often charged as a felony (third‑degree) with much steeper penalties.
- DWI with Child Passenger (under 15): filed as a state jail felony.
- Crash causing serious bodily injury: prosecutors may file Intoxication Assault (a felony) when the evidence shows serious bodily injury.
Ignition Interlock Device (IID): when is it required?
- As a bond condition (pre‑trial): Courts commonly require an ignition interlock device if you’re accused of a subsequent DWI or certain alcohol‑related offenses.
- As a condition of community supervision (probation): Courts must order an IID in several situations, including high alcohol concentration cases (≥ .15) and repeat offenders. Courts generally give a short window to install the device and verify compliance.
An IID can help you keep limited driving privileges while your case is pending or after a conviction. We’ll advise you on the fastest, least restrictive path so you can continue work, school, and family duties.
License protection: the 15‑day ALR deadline
If you refused or failed a breath/blood test, DPS can try to suspend your license through the ALR process. You generally have 15 days from the date you were served notice to request a hearing. We handle the request for you, subpoena the officer, and use the testimony to strengthen your criminal defense.
Field Sobriety Tests (and how we challenge them)
Horizontal Gaze Nystagmus (HGN)
Officers look for involuntary eye “jerks” while you track a pen or light. Lighting, fatigue, medical conditions, and poor instructions can create false clues. We scrutinize the video and the officer’s training records.
Walk‑and‑Turn
You’re told to take nine heel‑to‑toe steps on an (often imaginary) line, turn precisely, and return. The officer silently scores “clues” like starting early, stepping off line, using arms for balance, or mis‑turns. Uneven surfaces, footwear, injuries, or nerves can affect the result.
One‑Leg Stand
Holding one foot six inches off the ground for ~30 seconds while counting. Swaying, hopping, and foot‑downs are scored against you—even if unrelated to alcohol. We expose bad instructions and non‑alcohol explanations.
In your free consultation, we review each test, medical factors, and whether any rights were violated.
What must the State prove for a DWI conviction?
Prosecutors must prove beyond a reasonable doubt that you were intoxicated, while operating a motor vehicle, in a public place. Each term has a precise legal meaning. We attack the weakest elements and move to suppress unreliable evidence.
When a crash is involved
If a crash allegedly causes serious bodily injury, the case can be filed as Intoxication Assault, a felony. If a child younger than 15 was a passenger, prosecutors can file a separate state jail felony count—even for a first arrest. We respond immediately to preserve video, crash data, and witness statements.
What can I do now?
Step 1 — Call a defense lawyer who focuses on DWI
We move quickly to secure evidence (body‑cam, dash‑cam, breath/blood records), request your ALR hearing, and start pushing for dismissal or reduction.
Step 2 — Write out the timeline while it’s fresh
- Where you were and when; sleep, meals, and medications
- Who can verify your timeline
- Any health issues affecting balance, eyes, or speech
Step 3 — Plan for court and bond conditions
If the judge orders an ignition interlock device or alcohol monitoring, we’ll help you comply with the least disruption to your life.
What sets us apart
Our team includes former law‑enforcement professionals and career defense lawyers. We communicate, we move fast, and we fight smart—from the ALR hearing to trial.
Call 512‑599‑9000 or request your free case analysis.
If you have been arrested…
Your freedom, record, and license are at stake. The sooner we act, the more options we have.
You’ve been charged with DWI. What happens now?
We’ll explain each step, from arraignment to dismissal/trial, and give you clear, realistic options. You’ll know what to expect and what we’re doing to help—every step of the way.
Proven defense by a former law‑enforcement team
Many people assume a DWI can’t be fought. We routinely find stop issues, test problems, discovery gaps, and misapplied science that change outcomes. The goal: protect your record and keep you driving.
