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, the DWI is charged as DWI with a Child Passenger — a state jail felony under Penal Code § 49.045 — instead of a misdemeanor, 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.
Sworn to Protect Our Client’s Liberty.
Transparent Flat-Fee DWI Pricing
You will know the full cost of your defense before you hire us — no hourly billing, no surprise invoices, and no separate charge to take your own case to trial. Interest-free financing over 10 months is available on every DWI case.
| Charge | Flat fee starts at | Interest-free financing (10 months) |
|---|---|---|
| First DWI | $5,000 | $500 / month |
| Second DWI | $7,000 | $700 / month |
| Felony DWI | $10,000 | $1,000 / month |
| DWI ALR hearing | Included | Included |
| Trial fee | Included | Included |
We offer 10 monthly payments with the first payment due at hiring. Listed financing prices include auto-pay enrollment; the client is responsible for keeping the credit card on file updated. Financing shown is for the starting fee; enhanced charges scale proportionally. Your exact flat fee is confirmed at your free consultation. Prices are subject to change at any time; the fee quoted in your signed representation agreement is the fee that controls. See our complete published fee schedule. We defend DWI cases across Travis, Williamson, Hays, and Bastrop counties.
Why the ALR Hearing Is Included
The ALR hearing is a critical moment to tie the arresting officer to his report — under oath, months before the criminal case is decided. We cross-examine the officer and lock in sworn testimony about the stop, the field sobriety tests, and the arrest. Inconsistencies between that testimony and the written report become impeachment material, and the hearing forces an early preview of the state’s evidence. Information developed at the ALR regularly exposes suppression issues that lead to criminal DWI dismissals. Requesting it within 15 days also protects your license from automatic suspension while the case is pending. That is why we never treat the ALR as an add-on: it is included in every DWI representation.
Why the Trial Fee Is Included
When someone hires us, they are hiring us for the full case. As experienced DWI trial attorneys, we prepare every case as if it is going to trial — because prosecutors know which defense lawyers are ready to pick a jury and which are looking to plead. Most cases settle before trial, but trial readiness is exactly what produces the best outcomes for our clients. You will never face a mid-case invoice to take your own case to trial.
Prefer to watch?
▶ What Happens When You Get a DWI in Texas? — video with a quick written answer.
Browse all our answers in the video library.
